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Abstract

The chosen definition for tenancy contract i n Islamic Fiqh is: "to pass a certain benefit into one's possession in ret urn for a certain con­sideration". We say 'to pass a benefit into one's possession" to show that tenancy is to pass benefits into one's possession, unlike selling which is to pass. Subject of selling in to the purchaser's possession. We also say: "a certain benefit” to show that the benefit, contracted upon in the tenancy contract must be provided with certain conditions. It should be legal, aimed at, well-k now n, easy to hand and owned by the landlord. The legal benefit means i t shouldn't be forbidden by the Islamic legislator. For example, tenancy to carry wine is not allowed. Also tenancy of a woman to sing is forbidden. The intended benefit is that which we get some advantages from. This mean to eliminate the trifle benefit. The intended benefit should also be well-known. This mean to eliminate the unknown benefit. To be known is to be achieved by showing and describing the work if i t has an end to achieve, such as making a dress or a sishasha or showing the period of tenancy if i t has not an end to achieve like tenancy contract. The intended benefit should also be easy to hand. If the benefit is impossible to hand, legally or tangibly, the tenancy will be null and void. That is because the legal prohibit or is just like the tangible pro-hibitory. For example, the tenancy of a wandered or taken by force animal is a tangible impossibility. Similarly, the tenancy of the non-¬ Muslim to work in the sacred Mosque in Mecca is a legal impossibility because the non-Muslim is not allowed to enter the sacred Mosque in Mecca. The intended beneded benefit must also be owned by the land­ lord or the landlord is allowed to dispose of because it is not allowed for anybody to dispose of other's belongings without the owner's per­ Muslim. We say: "a certain consideration" to show valuable consideration such as, money that should be paid in return for the benefit. The tenant should pay this money consideration to the landlord in return for uti­lizing the subject of tenancy. This consideration m ay be money, a cer­tain benefit or a certain subject. This consideration must also be limited, that is, it should be provid­ed with certain conditions. If the consideration is money, its amount and its source or kind must be known. If it is certain benefit, it should be provided with all the terms of tenancy, above-mentioned, that is, it must be legal, aimed at, well-known, easy to hand and owned by the tenant. If the consideration is a certain subject, it must be legal, aimed at, well-known, easy to hand and owned by the tenant. However, in Arabic man-made legislations, the nomenclature of the contract differs according to the kind of benefit. If the tenancy aims at utilizing a subject, then it is a tenancy contract. If the tenancy aims at some work, then the contract is a contract of work.

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