The Rule That Lease Agreements Do Not Accept Suspension And Accept Conditions. It Is A Foundational Jurisprudential Study

Abstract

Abstract:

This research explores a foundational principle ensuring the validity of lease contracts (Ijara), known as the rule that lease contracts (Ijara) do not accept suspension but accept conditions. It is a jurisprudential study to establish this principle. The research commences with defining lease (Ijara) and legal suspension, followed by an exploration of related rules in the second part, delineating their agreements and discrepancies. Subsequently, the third part outlines the conditions of the principle, concluding with exceptions to it. Clear elucidation of the principle necessitates mentioning its applications, thus it is applied to four contemporary scenarios, including seat provision in the "Pay Tally" service, penalty clauses in lease contracts (Ijara), employment contracts tied to employee productivity, and lease suspension from an unspecified period. The research culminates in the conclusion that suspension in lease contracts (Ijara) is impermissible since lease contracts are reciprocal agreements requiring determination, not hesitation. Notably, for the principle's validity, lease contracts must not contain clauses implying suspension, and their conditions must be valid and lawful according to Islamic law.