Intermediate
Transactions
Surah: Al-Qasas (26)
Ijarah (Hire Contract) and Its Rulings — "The best you can hire" Al-Qasas 26
إِنَّ خَيۡرَ مَنِ ٱسۡتَـٔۡجَرۡتَ ٱلۡقَوِيُّ ٱلۡأَمِينُ
— القصص الآية 26
Verse: "One of the two women said: O my father, hire him. Indeed the best one you can hire is the strong and trustworthy." (28:26)
Evidence: The Quran affirms the hire contract between Moses and Shu'ayb — hire for shepherding service in exchange for a dowry — establishing the permissibility of ijarah.
Definition of ijarah: A contract over a lawful, known benefit in exchange for a known compensation for a known period.
Conditions of a valid ijarah:
Modern applications: Employment contracts, consulting agreements, and rental contracts all fall under this classical jurisprudential framework.
Evidence: The Quran affirms the hire contract between Moses and Shu'ayb — hire for shepherding service in exchange for a dowry — establishing the permissibility of ijarah.
Definition of ijarah: A contract over a lawful, known benefit in exchange for a known compensation for a known period.
Conditions of a valid ijarah:
- The benefit must be lawful and specified — a contract for sinful work is invalid.
- The wage and period must be defined — per the hadith: "Give the worker his wage before his sweat dries." (Ibn Majah 2443)
- Ability to deliver the benefit — a contract for what the worker cannot perform is invalid.
Modern applications: Employment contracts, consulting agreements, and rental contracts all fall under this classical jurisprudential framework.
Source: Al-Mughni (5/310); Al-Qurtubi (13/274); Al-Jassas (5/75); Ibn Majah (2443)
Test Yourself
What are the conditions of a valid ijarah in Islamic jurisprudence? What two qualities did the woman stipulate for the worker?
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