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Lease & service (ijārah, wakāla)

These are the contracts of manfaʿa (usufruct) and ʿamal (work). You may sell the use of a thing, or pay for a result or a service, without it becoming a loan. The lines the engine holds: rent prices the usufruct, never the principal; the owner bears the asset’s risk; a transfer of ownership is a separate act from the lease; an agent is a trustee, not a guarantor; and a gratuitous loan of use stays gratuitous.

A plain operating lease. The lessor leases an asset for rent that is the price of the usufruct. The lessor, as owner, bears the asset’s risk, and no late-payment penalty may accrue to the lessor as interest. Unlike lease-to-own, ownership is never transferred; the asset returns to the lessor.

Code What it guards
RIBA-2 / IJARAH-1 rent prices the usufruct, not the principal (IJARAH-1 is the soft warning).
RISK-3 the lessor (owner) bears the asset’s risk.
RIBA-3 no late-payment penalty to the lessor, which would be interest on a debt.
ijarah.fiqh: consistent
returns {
rent { basis: usufruct; rate: 1000; late_penalty: none; }
}
risk { loss: on_lessor; }

Ijārah muntahiya bi-l-tamlīk (ijarah_imbt)

Section titled “Ijārah muntahiya bi-l-tamlīk (ijarah_imbt)”

Lease ending in ownership. Rent prices the usufruct and flows to the lessor; the lessor bears ownership risk; and the transfer of ownership is a separate act at the end of the term, never two contracts bundled into one. Any late charge goes to charity, not the lessor.

Code What it guards
RIBA-2 / RENT-1 / RENT-2 a rent on the usufruct exists and prices the usufruct.
RISK-3 the lessor bears ownership risk during the lease.
IJARAH-2 a distinct transferOwnership lifecycle step; bundling sale into the lease is prohibited.
RIBA-3 no late-payment interest to the lessor.
ROLE-1 / ROLE-2 an independent valuation oracle for the transfer.
ijarah_imbt.fiqh: the load-bearing parts
returns { rent { basis: usufruct; rate: 1000 per_period; term: 3; late_penalty: none; } }
risk { loss: on_lessor; }
invariant transfer_separate_from_lease { transferOwnership != payRent }
lifecycle { activate; payRent; transferOwnership; } // transfer is its own step

A reward for a result. The offerer (al-jāʿil) promises a known reward (juʿl) to whoever achieves a specified result; the worker (al-ʿāmil) is paid only on completion and bears the risk of non-completion (Yūsuf 12:72; AAOIFI SS No. 15).

Code What it guards
JUALA-1 returns { reward { amount; due } } present.
JUALA-2 the reward is due on completion, so the worker bears non-completion risk.
juala.fiqh: consistent
returns { reward { amount: 100000; due: on_completion; } }

A gratuitous loan of usufruct (tabarruʿ). The lender lends an asset’s use free of charge, and the borrower returns the same asset, since only the usufruct was lent, not the substance. A charge would make it an ijārah; returning the like would make it a qarḍ.

Code What it guards
ARIYAH-1 returns { loan_use { fee; return } } present.
ARIYAH-2 the same asset is returned (returning the like would be qarḍ).
ariyah.fiqh: consistent
returns { loan_use { fee: none; return: same_asset; } } // free of charge; same thing back

Agency, here wakāla bi-l-istithmār (investment agency). The principal (muwakkil) appoints the agent (wakīl) to act on his account for a known fee (ujra). The agent is a trustee, not a guarantor: he does not guarantee the capital or the profit, since the realized return and its risk belong to the principal. A guarantee by the agent would convert the agency into a riba-bearing loan.

Code What it guards
WAKALA-1 returns { agency { capital; fee; agent_guarantee } } present, with agent_guarantee: none.
WAKALA-2 a definite fee (ujra); an undisclosed agency fee is gharar (use fee: 0 for a gratuitous agency).
wakala.fiqh: consistent
returns {
agency {
capital: 1000000;
fee: 20000; // a KNOWN ujra, licit and gharar-free
agent_guarantee: none; // the agent does NOT guarantee capital or profit
}
}