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Ijarah ala al-Ashkhas


A type of ijarah contract in which the underlying usufruct (manfa’ah) is a person’s work, effort, expertise, etc. According to the majority of fuqaha (jumhur), the contract of ijarah has nothing to do with the person himself/ herself, but rather with his/her labor. However, some fuqaha of Shafi’e school of thought (mazhab) opined that the underlying of ijarah is the worker himself/herself since usufruct doesn’t exist at the time of contracting. Ibn Taymiah and Ibn al-Qayim were of the opinion that such type of ijarah is particularly fit for renewable sources of labor/service such as the milk of a wet nurse.

Ijarah ala al-ashkhas is an Arabic term that translates as hire of people.

It is also known as ijarah ala al-a’amal.



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