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.
Ijārah (ijarah)
Section titled “Ijārah (ijarah)”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. |
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. |
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 stepJuʿāla (juala)
Section titled “Juʿāla (juala)”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. |
returns { reward { amount: 100000; due: on_completion; } }ʿĀriyya (ariyah)
Section titled “ʿĀriyya (ariyah)”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). |
returns { loan_use { fee: none; return: same_asset; } } // free of charge; same thing backWakāla (wakala)
Section titled “Wakāla (wakala)”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). |
returns { agency { capital: 1000000; fee: 20000; // a KNOWN ujra, licit and gharar-free agent_guarantee: none; // the agent does NOT guarantee capital or profit }}