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Lease of Liability


A form of Islamic lease in which the contract is linked to the lessor’s liability. Lease of liability is the English translation for ijarat al-zhimmah. By definition, ijarat al-zhimmah is an ijarah which has a described usufruct (manfa’ah mawsufah fi zhimmah) as underlying. The lessor is liable to provide the usufruct at some future date. In other words, the ijarah contract is based on the lessor’s liability (zhimmah). In this sense, the underlying usufruct is not a specific property or asset (in the case of ijarat al-a’yan) or service (in the case of ijarat al-ashkhas). For example, an ijarat al-ashkhas contract may involve hiring the services of a builder to construct a house or the services of an electrician to wire it, but without relating the contract to a specific builder or electrician. Shafis and Malikis classified this type of ijarah as salam in manfa’ah (usufruct). Therefore, they stipulated that ujrah must be paid in advance exactly as thaman in salam must be paid at the contract session. However, Hanafis didn’t stipulate advance payment.



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