Ijārah (Hiring and Leasing): Its Linguistic Meaning, Technical Definition, Legitimacy, and Legal Rulings
Written by: Imran Ayyub Lahori❖ Ijārah Is Permissible in Every Act Not Prohibited by Shari‘ah
◈ Linguistic Explanation (لغوی وضاحت)
The word إِجَارَة is derived from the root أَجَرَ – يَأْجُرُ (from the forms Nasara, Ḍaraba).
Its meanings include:
- To give a wage
- To compensate
- Wage/Compensation
Other related forms:
- إِيجَار (form IV): "To hire someone"
- اِسْتِئْجَار (form X): "To hire someone" or "To rent a house"
- أَجِير: Refers to a laborer or employee
[Al-Munjid, p. 4 | Lisān al-‘Arab: 4/10 | Al-Qāmūs al-Muḥīṭ, p. 436]◈ Technical Definition (اصطلاحی تعریف)
"Ijārah refers to acquiring ownership of a permissible benefit for a known period and a known compensation."
[Ash-Sharḥ al-Kabīr: 4/3 | Al-Furūq: 4/4 | Al-Mughnī: 5/398 | Al-Fiqh al-Islāmī wa Adillatuhu: 5/3804]◈ Legitimacy of Ijārah in Shari‘ah (مشروعیت)
The permissibility of Ijārah is proven by Qur’ān, Sunnah, and the practice of the Prophets and Companions.
➊ Qur’ānic Evidence:
a) Story of Prophet Mūsā (عليه السلام):
﴿قَالَتْ إِحْدَاهُمَا يَا أَبَتِ اسْتَأْجِرْهُ ۖ إِنَّ خَيْرَ مَنِ اسْتَأْجَرْتَ الْقَوِيُّ الْأَمِينُ﴾
"One of them said, 'O my father, hire him. Indeed, the best one you can hire is the strong and trustworthy.'"
[Al-Qaṣaṣ: 26]b) Payment for Wet-Nursing:
﴿وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُوا أَوْلَادَكُمْ فَلَا جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُم مَّا آتَيْتُم بِالْمَعْرُوفِ﴾
"If you wish to have your children breastfed, there is no sin upon you, provided you pay them reasonably what you promised."
[Al-Baqarah: 233]➋ Prophetic Hadiths:
a) Severe Warning Against Withholding Wages:
The Prophet ﷺ said that Allah said:
❝I will be the adversary of three on the Day of Judgement…❞
Among them:
❝...a man who hired a laborer, took full work from him, but did not pay him his due wages.❞
[Bukhārī: 2270 | Kitāb al-Ijārah: Chapter: Sin of withholding a laborer’s wage | Fatḥ al-Rabbānī: 393]b) All Prophets Herded Sheep:
Narrated by Abū Hurayrah (رضي الله عنه):
The Prophet ﷺ said:
"Every prophet shepherded sheep."
The Companions asked, "Even you?" He replied:
❝Yes, I used to herd them for some Qirāṭs (coins) for the people of Makkah.❞
[Bukhārī: 2262 | Ibn Mājah: 3140]c) Hiring a Guide During Hijrah:
During the migration to Madinah, the Prophet ﷺ hired a guide who was a non-Muslim to lead the way. This act demonstrates the validity of hiring, even in critical matters.
[Bukhārī: 2263 | Kitāb al-Ijārah: Chapter: Hiring Non-Muslims in Case of Necessity]
Summary of Key Points:
| Aspect | Details |
|---|---|
| Linguistic Meaning | Giving wages, compensating, or renting |
| Technical Definition | Ownership of a known benefit for a fixed period and compensation |
| Legitimacy Sources | Qur’ān, Sunnah, and Prophetic practice |
| Qur’ānic Examples | Hiring of Prophet Mūsā (عليه السلام), wet-nursing |
| Hadith Examples | Labor wages, herding by Prophets, hiring during Hijrah |
| Moral Emphasis | Clear obligation to pay wages; injustice in withholding is condemned |
