An Appraisal of Al-Ijarah Al-Mawsufah Fi Al-Dhimmah (Forward Ijarah) from Fiqh Perspective

Al-IjÉrah Al-MawÎËfah FÊ Al-Dhimmah (forward ijÉrah) is a new form of transactions introduced to the Islamic banking industry which has original ground in the classical books of Islamic Jurisprudence. Most of the classical scholars discussed it with particularized ijÉrah in parallel without any separation of chapters or headings unlike al-BahËtÊ and al-MinhÉjÊ. The scholars of four schools of Islamic Law are unanimously agreed on the legality of forward ijÉrah albeit some contemporary scholars mention the early dispute in this regard and attribute prohibition of forward ijÉrah to ×anafÊ School. This attribution is not accurate as it is proved by their many classical texts. Forward ijÉrah could be more flexible for both customers and banks to the extent that it does not become void if the stipulated usufruct damages while particularized ijÉrah becomes void because of damage of the object. Therefore, there is a need for further research in this regard in order to innovate some new tools that can improve the services of Islamic financial intuitions.


INTRODUCTION:
Forward ijÉrah is a newly introduced mode of financial transactions to the Islamic financial institutions. There is some confusion over its legality as some contemporary scholars mention disagreement among the early Muslim scholars and attribute its prohibition to the ×ambafÊ School. In fact, the classical texts of ×anafÊ School and other schools contains many texts that prove the agreement of ×anafÊ standpoint as well. Hence, this issue deserves to be investigated. In addition, since most of the classical scholars discuss the forward ijÉrah and particularized ijÉrah together without classifying them into individual chapters, all the rules and regulations concerning it are not separately clear. A few scholars, on the other hand, discuss it as an individual kind of ijÉrah to some extent.
Currently, forward ijÉrah appears as an individual mode of transactions in the Islamic banking industry. Therefore, all the rules and regulations pertain to forward it need to be identified and discussed individually, in order to investigate its validity and ground according to the classical fuqahÉ and to support in improving the regulations of Islamic finance industry. At this very juncture, this paper aims to study views of the classical scholars about the legality of forward ijÉrah and discuss its parameters relying on the classical juristic books and the writings of contemporary scholars as well. The method adopted in this paper is analytical approach. This paper is presented mainly in two parts.
The first part provides an overview on forward ijÉrah. The discussion begins with the definition of ijÉrah in general, in order to develop the preponderant definition of forward ijÉrah which maintains the criteria of jÉmiÑ mÉniÑ definition. The discussion proceeds with the classical texts regarding the legality of forward ijÉrah to examine the issue whether it is disputed or agreed unanimously among the four schools of fiqh. It is followed by the opinions of contemporary scholars and the takyÊf fiqhÊ of forward ijÉrah.
The second part focuses on the parameters of forward ijÉrah including its pillars, classification, and its relation to the other kinds of ijÉrah. The discussion proceeds with the rules of forward ijÉrah considering them general rules and particular rules to its each kind. Finally, the paper puts some suggestions based on the discussion herein.

Definition of al-IjÉrah:
Literally, ijÉrah derives from the root word ajr which means reward, requital, repayment etc. Some derivatives (mushtaqqÉt) of ajr are ujrah, ijÉrah, ajÊr etc. According to lexicologists ajr means reward on action. It also means reward. Ujrah means rental and its plural is ujËr or ÉjÉr. Al-ajr and al-ijÉrah are synonymous and infinitives (maÎdar), and there is no difference between them from lexical perspective. This meaning is closer and more suited to the technical meaning of al-ijÉrah. However, the well-known use of al-ajr is the reward which is given by Allah Ñajja wa jalla on good deeds of human being and al-ijÉrah is the requital on person's action for his companion. Hence, someone who works for his friend on payment is called ajÊr 1 . Actually, the original maÎdar is al-ÊjÉr and al-ijÉrah is metaphorically used in the meaning of al-ÊjÉr. Al-ijÉrah was popular among the early scholars while the later scholars prefer the use of al-ÊjÉr. 4. ×ambalÊ School defines; al-ijÉrah is a contract on a specific permissible usufruct for a specific period of time either the subject matter is a particular existing item or stipulated by specifications or it is particular work in exchange of specific consideration, and befitting from the usufruct comes

Discussion on the Definitions:
However, MÉlikÊ FuqahÉ single out al-ijÉrah for the contract on human services and transportable things except ships and animals. They name the contract on usufruct of lands, houses, ships, and animals, al-kirÉ´ despite al-ijÉrah and al-kirÉ´ render the same meaning according to their viewpoint. In addition, ×anafÊ scholars sometimes add the word 'muqÎËdah ' (purposeful) to the definition of al-ijÉrah. It means the usufruct in al-ijÉrah should be purposeful from the subject matter leased. Some of them try to explain it saying the usufruct should be deliberate according to SharÊÑah and reason and the sole reason is not enough to prove the purpose. 7 Likewise, scholars of other schools of fiqh try to give the definition of al-ijÉrah by mentioning some conditions of al-ijÉrah such as the usufruct should be permissible, purposeful, and specific. The compensation should be determined as well. There are also some other conditions of ijÉrah which are not mentioned in these connotations stated above such as the usufruct should be deliverable, owned by mu´ajjir (lessor). The compensation should be valuable, deliverable and owned by musta´jir as well.
It is worth mentioning that the conditions are not the parts and parcels of anything's essence rather these are its outer features. Definition of anything should be consisted of its essential elements (arkÉn) rather than its conditions (shurËt). That is why; conditions should not be mentioned in the definition. If the conditions are to be mentioned in the definition, the other conditions that are not stated in these connotations also should be mentioned. 7 AbË Ghuddah, ÑAbd al-SattÉr. (1998). al-IjÉrah. Jiddah: MajmËÑ al-Dallat al-Barakah. P. 10.

The Preponderant (RÉjiÍ) Definition of al-IjÉrah:
According to WafÉ, the preponderant definition of al-ijÉrah is "tamlÊku manfaÑatin makhÎËÎatin bi ÑiwaÌin makhÎËsin". It means "Transferring ownership of particular usufruct in exchange of particular consideration". Alternatively, he prefers, "tamlÊku manfaÑatin bi ÑiwaÌin bi shurËÏin makhÎËÎatin". It means "transferring ownership of usufruct in exchange of consideration with particular conditions". He mentions both of them as the preponderant definitions of al-ijÉrah rather than all connotations mentioned above because these are more concrete than others and are in line with the logical structure of jÉmiÑ mÉniÑ (inclusive and exclusive) definition. To illustrate, it consists of jins (superordinate) which is tamlÊk and some faÎl (separating idiom) 8 that are manfaÑatin (usufruct), makhÎËÎatin (particular), bi ÑiwaÌin (in exchange of consideration), and makhsËsin (particular). Moreover, makhÎËÎatin means that the usufruct which is allowed to be leased is not any ordinary usufruct rather it is special one which requires fulfilment of all conditions mentioned before 9 . Similarly, makhsËsin also means that the consideration or the counter value which is given by the musta´jir (leasee) in any normal ordinary consideration rather it should fulfil specific conditions. However, in the researchers' viewpoint, there is a repeated word i.e. mukhÎËsin in the first definition which is not suitable for any definition. As to the second definition, makhÎËÎatin is an extra word and not necessary in the definition as a faÎl because it is clear that al-ijÉrah requires fulfilment of specific conditions without mentioning it like other contracts. Moreover, this faÎl confines the conditions to the specific and determined conditions while the scholars have disagreement in 8 Jins is a general term which encompasses another more specific word e.g. animal is the jins of cat, dog, human, etc. faÎl means separation and it excludes all extra elements that are not from the defined term e.g. usufruct is a faÎl for transferring ownership. It excludes the transferring ownership of objects from the definition because transferring ownership of objects is bayÑ. al-MirqÉt fÊ al-ManÏiq. pp. 37-38. 9 WafÉ, MuÍammad ÑAlÊ ÑAbd al-RaÍmÉn. (1996). It is worth mentioning that the conditions of usufruct are to be permissible, purposeful, determined, specific period, deliverable and owned by mu´ajjir whereas the conditions of consideration are to be determined, valuable, deliverable and owned by musta´jir. The preponderant definition of al-ijÉrah is free from all these conditions.

Definition of al-IjÉrah al-MawÎËfah fÊ al-Dhimmah:
As the early Muslim scholars, they did not pay their special attention to al-ijÉrah al- 1. AbË Guddah says: "al-ijÉrah al-mawÎËfah fÊ al-dhimmah is that wherein the muÑajjir (lessor) adheres to render usufruct stipulated thoroughly -by the qualities of salamenough to eliminate the potential conflict about the usufruct, whether the subject matter is benefit of an object such as leasing a stipulated car, or service of a human such as tailoring and teaching". It is not a condition that the lessor should possess the benefit at the time of contract rather the usufruct is attached to the future so that he becomes able to possess it by the promised time when the ijÉrah is attached to be executed 12 .

Al-QuradÉgÊ defines al-IjÉrah al-mawÎËfah fÊ al-dhimmah as a contract where
the subject matter is usufruct stipulated in obligation in such a way that removes potential dispute 13 .
3. AÍmad NaÎÎar denotes al-ijÉrah al-mawÎËfah fÊ al-dhimmah by different idioms such as "sale of future usufruct in exchange of immediate cash". Second, it is "a salam contract on usufruct" whether the usufruct comes from the objects or acts. Third, it is "rental that entails obligation", because the promised usufruct is attached to obligation of mu´ajjir (lessor) and is not particularized. Fourth, it is "rental executed on guaranteed usufruct" because muÑajjir here guarantees the usufruct in all situations and it is attached to his obligation 14 .

Discussion on the Definitions:
As for the definition given by AbË Guddah, it is synthesized from a number of references as he states explicitly. It is also observed that this statement could be considered a connotation for al-IjÉrah al-mawÎËfah fÊ al-dhimmah rather than a logical jÉmiÑ mÉniÑ definition because it does not consist of the essential elements of a definition.
As regards the definition given by al-QuradÉgÊ, he does not mention the jins in the definition rather he mentions a phrase which is more general than the jins of al- ijÉrah. In addition, he adds another phrase to this term which can include all the conditions of al-ijÉrah despite the definition should be free from conditions. Hence, this connotation is also not a proper definition.
In connection with the connotations provided by AÍmad NaÎÎar, he intends to explain the nature of al-ijÉrah al-mawÎËfah fÊ al-dhimmah. That is why; he mentions different terms that include some of the conditions of al-ijÉrah al-mawÎËfah fÊ aldhimmah. Moreover, he does not mention the essential nubs of the al-ijÉrah al-mawÎËfah fÊ al-dhimmah. Hence, none of these terms could be jÉmiÑ mÉniÑ definition for this type of al-ijÉrah.

The Preponderant Definition of al-IjÉrah al-MawÎËfah fÊ al-Dhimmah:
Since none of these definitions is a jÉmiÑ mÉniÑ definition of al-ijÉrah al-mawÎËfah fÊ

Explanation of the Definition:
This definition is jÉmiÑ and mÉniÑ because it consists of jins and faÎl. In this definition tamlÊk (transferring ownership) is jins which includes transfer of everything whether it is object transfer or usufruct transfer. In other word, it includes ijÉrah, sale, gift, charity, marriage, commission, muÌÉrabah, sharecropping, etc. ManfaÑatin is the first faÎl which excludes transferring ownership of objects from the definition because this kind of transferring is bayÑ, hibah charity, etc. MawÎËfatin fÊ al-dhimmah is the second faÎl which excludes the usufruct of particular objects because leasing usufruct of particular objects is ijÉrah muÑayyinah (particularized ijÉrah). The third faÎl is bi ÑiwaÌin which excludes gifting usufruct, bequeathing it, partnership, lending, etc 15 .
The fourth faÎl is bi shurËÏ which means the usufruct and the consideration are not ordinary ones rather there some conditions that should be fulfilled for the validity of the contract. Al-ijÉrah al-mawÎËfah fÊ al-dhimmah is termed as forward ijÉrah in English.

Legality of Forward IjÉrah in General:
Since forward ijÉrah is a type of ijÉrah, its permissibility is drawn from the evidences of ijÉrah and salam in general albeit the scholars have disagreement in the legality of forward ijÉrah. The scholars refer to conditions of ijÉrah and salam according to their point of view while discussing the jurisprudential adaptation (takyÊf fiqhÊ) and the conditions of forward ijÉrah. There is an agreement among the scholars on the permissibility of ijÉrah and salam that is proven by the evidences of the Holy Qur´Én, the Sunnah, and IjamÉÑ (consensus). As for the evidence of the Holy Qur´Én on ijÉrah, Allah (SWT) says:  "And if they suckle your [offspring], give them their recompense: and take mutual counsel together, according to what is just and reasonable". [al-ÙalÉq: 6]. As long as the verse signifies the consideration for suckling it means the contract on suckling is ijÉrah contract. This is the literal meaning of the verse because suckling without contract does not necessitate any counter value rather it is considered donation.
 "Said one of the [damsels]: O my [dear] father! Engage him on wages: truly the best of men for thee to employ is the [man] who is strong and trusty. He said: "I intend to wed one of these my daughters to thee, on condition that thou serve me for eight years; but if thou complete ten years, it will be [grace] from thee. But I intend not to place thee under a difficulty: thou wilt find me, indeed, if Allah wills, one of the righteous". . Here, Allah (SWT) narrates the story of MËsÉ (PBUH) when he was employed as a shepherd in exchange of determined compensation. This story proves that ijÉrah was known and allowed for his nation and for every nation in the same way as well. This is because ijÉrah is the necessity of mankind and wellbeing of social relation in the society 16 . The laws revealed prior to the advent of Islam (sharÑu man qablanÉ) are also laws for us until its abrogation (naskh) as it is settled in uÎËl al-fiaq 17 .
 "Then they proceeded: until, when they came to the inhabitants of a town, they asked them for food, but they refused them hospitality. As to the Sunnah of the Prophet (PBUH), he says:  "Give the worker his wage before his sweat dries" 19 . In the ÍadÊth, the prophet (PBUH) commands to pay the recompense without any delay just after finishing the work. If the ijÉrah is not permissible he does not command for immediate payment.
 "He who hires a worker must inform him of his wage" 20 . In this ÍadÊth, he (PBUH) commands to determine the recompense of their labour. If the ijÉrah is not allowed he does not commands for determination of payment.
 It is evidenced that the prophet, peace be upon him, and AbË Bakr had hired a guide from BanÊ al-Dayl, then the prophet said: "Three people I shall be their enemy in the doomsday" then he mentioned : A man who hired a worker to carry out some work for him, but did not give him his wage 21 .
The third ÍadÊth, there is a threat by the prophet (PBUH) mentioned in it for those who do not pay their recompense. This ÍadÊth proves that denying the recompense of worker is ÍarÉm (forbidden). This is an explicit evidence of the permissibility of ijÉrah because if the ijÉrah is not legal, he (PBUH) does not threaten those who deny paying the recompense with his enmity at the day of compensation.
In the same way, the evidences of salam are also supportive of the legality of The phrase "transactions involving future obligations" in the context of the above verse also includes the salam contract in which the delivery of the subject matter of salam occurs also in the future. Ibn ÑAbbÉs also refers to this verse when explaining the salam contract 22 . As the verse talks about future obligations of any transaction, it encompasses forward ijÉrah as well except when it includes any prohibited element.
Regarding the Sunnah the Prophet (PBUH) says:  "Whoever wishes to enter into a contract of salam, he must effect the salam according to the specified measure and the specified weight and the specified date of delivery" 23 . Since salam contract is a forward sale, there are some obligations that should be executed in future. Likewise, forward ijÉrah has some future obligations similar to that of salam contract because it is salam of usufruct as it will be discussed later.
As regards the IjmÉÑ on the validity of ijÉrah and salam, there is an agreement among the Ummah from the time of SaÍÉbah (companions) up to this day to conduct ijÉrah 24 , and none violated this consensus except ÑAbd al-RaÍmÉn Ibn al-AÎam who opined that it is prohibited due to gharar as it is a contract on usufructs not yet found, but jurists refuted his argument indicating that here gharar shall be ignored because the contract on usufructs is not possible after the existence of usufructs because they perish as time passes so a contract for them should be concluded before they come to being such as Salam contract on assets 25 .
The evidences mentioned above also prove the legality of forward ijÉrah in general because forward ijÉrah is a kind of ijÉrah. not owned whereas it is a particular existing item in original ijÉrah. As long as the ijÉrah is permissible in the Islamic SharÊÑah its modes are also permissible while fulfilling their respective conditions and being kept within the parameters established by the scholars. In the same way, as long as it is similar to salam contract according to some scholars, its legality also derived from legality of salam. This is because some scholars namely Ibn MufliÍ and al-Nawawi refer its legality to the legality of salam contract.

Legality of Forward IjÉrah in Particular:
Scholars of all popular schools of Islamic jurisprudence i.e. ×anafÊ, MÉlikÊ, ShÉfiÑÊ, and ×ambalÊ agreed on the legality of forward ijÉrah except the ×anafÊ scholars allowed on the basis of istiÍsÉn (juristic preference) 26 while the scholars of other three schools allowed it on basis of the general evidences of ijÉrah. The scholars who allowed forward ijÉrah did not provide any particular evidence in order to substantiate its legality in particular rather they referred it to the legality of original ijÉrah and salam. Although they did not mention any evidence in particular, they deferred in terms of referred evidence. To illustrate, some of them considered it similar to salam in terms of conditions. Hence, in their viewpoint, the evidences of its legality are the same as the evidences of salam. By contrast, some others who are content with the attributes of salam except the condition of advanced payment of recompense, they considered evidences original ijÉrah evidences of legality of forward ijÉrah accordingly.

Justification of ×anafÊ's View on Forward IjÉrah in Particular:
Although some scholars attribute prohibition of forward ijÉrah to ×anafÊÊ School, ×anafÊ texts explicitly signify their agreement to its legality. For example, al-SamarqandÊ and al-KÉsÉnÊ mention the viewpoint of ×anafÊ scholars about forward ijÉrah that prove their agreement with other three schools. It is also mentioned in M and M as well.
Al-SamarqandÊ states: "As for the damage of leased item (subject matter), if is a particular object and damages, the transaction becomes null and void. And if it is not a particular object, such as the ijÉrah which is executed on sumpter stipulated by specifications for carrying or riding, and perishes after it is delivered to musta´jir, mua´jjir must replace it by another one to carry the luggage and he has no right to revoke it because the musta´jir is not unable to fulfill what is the contract requires.
The requirement is to carry his luggage to such place" 27 .
Al-KÉsÉnÊ says: "If the ijÉrah occurs to pack-animal stipulated by specifications and the pack-animal is delivered to musta´jir and it dies after the mua´jjir received it, ijÉrah will not be void. Mua´jjir must replace it by another one for musta´jir due to that the contract is not occurred to the animal which died particularly. This is because the contract is executed on the usufruct with future obligation when the pack-animal is not particularized." 28 In addition, there are some clauses mentioned in Majallat that prove the same viewpoint of ×anafÊ School regarding forward ijÉrah such as 538, 540, 541, 466, e. t. c. One of these clauses is "If a bargain has been struck to carry a certain place and the animal becomes fatigued and stops on the way, the owner of the animal is bound to charge such load on to another animal and carry it to the place in question. 29 Likewise, there are some clauses mentioned in the Murshid that denote c. One of these clauses is "…if the musta´jir hires a riding animal not in particular (to carry his luggage to a specific place) he has right to demand another animal." 30 The phrase 'raiding animal not in particular' means any animal stipulated by specifications.

Refutation of Attribution of ×anafÊ's View:
Some contemporary scholars like NazÊh ×ammad 31 and AÍmad NaÎÎÉr 32 mention the disagreement among the four classical schools of Islamic Jurisprudence about the legality of forward ijÉrah and attribute the view of illegitimacy to the ×anafÊ School.
This attribution is not accurate because the juristic texts of ×anafÊ School substantiate their agreement with other schools on its legitimacy. They mention two clauses from Murshid al-×ayrÉn (clause: 580) and Majallat al-AÍkÉn al-ÑAdaliyyah (clause: 449), and one principle of ×anafÊ schools whereby they deducted prohibition forward ijÉrah and attribute it to ×anafÊ School.
As for Majallat al-AÍkÉm al-ÑAdaliyyah, it is mentioned that "The subject matter of the contract of hire must be specified. Consequently, if one of two shops is let on hire, without the particular shop is question being specified, and the lessee being given an option as to which one he will take, such contract is invalid. However, these texts are subject to explanation and refutation." 33 This clause states that the ×anafÊ School prohibits making the usufruct to be one of two objects without any specification or any distinction in the case of the usufruct of ijÉrah muÑayyinah. Thus ×anafÊ School is agreed with other schools because it include the jahÉlah (unknowing) and gharar (ambiguity and uncertainty) that must be removed from the subject matter in the case of ijÉrah muÑayyinah. It is unlike subject matter of the forward ijÉrah wherein the gharar is removed by stipulating with its necessary traits usually. In the same way, both parties also describe the qualities of the object which is usufruct, and the compensation differs according to as well. The classical books of ×anafÊ School denote the legality of the type of ijÉrah even the Majallat al-AÍkÉn al-ÑAdaliyyah itself contains several clauses that proves explicitly the legitimacy of forward ijÉrah as mentioned above. 34 As to the clause of Murshid al-×ayrÉn, it is mentioned that "consent of both contracting parties and particularization of subject matter are made conditions for the legality of forward ijÉrah." 35 The discussion applicable in response to the clause of Murshid al-×ayrÉn is exactly the same as on Majallat mentioned before. In addition, there are also several clauses mentioned in Murshid al-×ayrÉn itself that prove the legitimacy of forward ijÉrah as mentioned before.
As regards the principle of ×anafÊ School, the usufruct is not considered property. Who attribute the prohibition of forward ijÉrah to ×anafÊ School they derived the prohibition of usufruct of in obligation stipulated by specifications form this principle and attribute their own deducted conclusion to ×anafÊ School as its opinion. In fact, all ×anafi scholars do not support the principle. In addition, there are many places where usufruct is mentioned as property. In comparison between these two types of texts in ×anafÊ School, it can be concluded that the ×anafÊ Scholars do not consider that usufruct is not price worthy property in its originality. Instead they exclude the usufruct of ijÉrah (whether it is particularized or forward) from this 34  principle. Here, they consider the usufruct price worthy property on the basis of exception and khilÉf al-qiyÉs (contrary to analogical reasoning). 36 In addition, ×anafÊ School does not differentiate between particularized ijÉrah and forward ijÉrah while discussing permissibility in Islam rather most of the classical book of in this school discussed both types in parallel. ×anafÊ scholars allowed ijÉrah based on the evidence from the Quran, Sunnah and IjmÉÑ on the contrary to general QiyÉs that indicates the disallowance of ijÉrah because it is bayÑ of non-existent items. That is why they state the permissibility of ijÉrah on the basis of khilÉf al-qiyÉs and istihsÉn drawn from the evidences and they do not differentiate between these two types of ijÉrah. 37 Moreover, ×anafÊ School seems to be wider and more flexible in this regard because they do not require immediate payment the compensation before a period of time passes unlike to the other scholars. They require immediate payment. 38 In addition to the ×anafÊ texts, juristic texts of other schools also denote ×anafÊ's agreement about forward ijÉrah. 39 Allah SWT knows the best. Based on all these textual evidences, discussion, and views, it is proved that the ×anafÊ scholars also agree with other three schools about the legality of forward ijÉrah. Thus it can be concluded that the four schools of Islamic law are unanimously agreed on the legitimacy of forward ijÉrah.

Jurisprudential Adaptation (TakyÊf FiqhÊ) of Forward IjÉrah:
Although scholars are unanimously agreed to the legality of forward ijÉrah, they differ in terms of its tayÊf fiqhÊ. Some scholars namely ShafiÑÊ and ×ambalÊ scholars

Classification of Forward IjÉrah:
Subject matter of forward ijÉrah includes two elements: usufruct and consideration or counter value. Usufruct can be two types: benefits of objects and personal services.
Hence, forward ijÉrah is classified into three types. These are as follows:

Forward IjÉrah by Stipulating Consideration:
It is an ijÉrah contract wherein the subject matter is a consideration described by certain specifications with undertaking of future responsibility. In this case, forward ijÉrah is not rendered void by the destruction of the object and nor by the appearance of a defect in the object. There is nothing that breaches the condition agreed upon among two parties; since the condition here is not attached to a particular object that the purchaser or musta´jir (hirer/lessor) does not fix for buyer or ajÊr (hiree/leasee) in order to discharge his responsibility.

Forward IjÉrah by Stipulating Personal Service:
It is an ijÉrah contract wherein the subject matter is an action described by certain specifications with undertaking of future responsibility. In this case, the contract of forward ijÉrah does not pertain to the person himself rather it is connected with obligation of musta´jar (hiree/ajÊr). For example, the first party (musta´jir) says to the other party (musta´jar/ajÊr), "I obligate you with this dirham for tailoring it" or "I hand over this dirham for tailoring it". 49 Here, the ajÊr has right to execute the stipulated work by himself or if he wants he can hire third one who is capable to execute the stipulated work. 50

Forward IjÉrah by Stipulating Object:
It is an ijÉrah contract wherein the subject matter is an object described by certain specifications with undertaking of future responsibility. Many scholars use the term kirÉ' (charter) for a rental contract of something like pack animal, cars or ships. The ijÉrah contract here occurs on an object delimited by specifications that the lessor undertakes to perform. For instance, the first party says to the other party, "I give you its benefits (i.e. the object stipulated in obligation) for a year for such amount." 51 If it is a pack animal, for instance, mention of animal's type is obligatory because the purpose of using animals differs based its fast speed and slow speed. 52

Relation of Forward IjÉrah to Other Classifications of IjÉrah: Forward IjÉrah, operational and financial IjÉrah:
Primarily, ijÉrah is divided into two kinds: operational ijÉrah (ijÉrah tashgÊliyyah) and financial ijÉrah (ijÉrah tamlÊkiyyah). 53  of forward ijÉrah or particularized ijÉrah. Because the subject matter here also can be either particular or stipulated. 54 Thus, two types of forward ijÉrah can be derived i.e. forward operational ijÉrah and forward financial ijÉrah.

Forward IjÉrah and Joint IjÉrah (IjÉrah Mushtarakah):
According to the utility provider, IjÉrah is sub-divided into two kinds: private ijÉrah (ijÉrah khÉÎÎah) and joint ijÉrah (ijÉrah mushtarakah). It is observed that forward ijÉrah is applicable only in joint ijÉrah because the private employee (ajÊr khÉÎ) is particular by its nature. Hence, there is no need for stipulating his service rather it is already specified. 55 Thus one form of forward ijÉrah can be derived i.e. forward joint ijÉrah.

Forward IjÉrah and IjÉrah Effective in Future (IjÉrah MuÌÉfah lil Mustaqbal):
According to the time of execution, ijÉrah is classified into two types: spot ijÉrah (ijÉrah munjazah) and 'ijÉrah effective in future' (ijÉrah muÌÉfah lil mustaqbal). The spot ijÉrah is executed immediately whereas the conclusion of 'ijÉrah effective in future' is assigned to a future date. The latter type is from the requirements of forward ijÉrah because its subject matter is either non-existent or not owned by the lessor at the time the contract is concluded. Therefore, its execution needs to be assigned to a future date when the lessor can be able to possess the leased benefit, which was not specified at the time the contract was entered into. ijÉrah effective in future is completely different from suspended ijÉrah (ijÉrah muÑallaqah). In the former case, the contract occurs when it is signed, but its effect is delayed. By contrast, in the latter case, the contract does not occur until the condition that the contract suspended for. 56 54 AbË Guddah. 75. 55 Ibib. 56 Ibib. P. 26.

Pillars of Forward IjÉrah:
As forward ijÉrah is a kind of ijÉrah the essential elements (arkÉn) of forward ijÉrah are similar to particularized ijÉrah. According to the majority of jurists, these essential elements of ijÉrah are: 57 1. The ÎÊghah (word of offer and acceptance): It concludes any wording that signifies transfer of benefits in exchange of a consideration. IjÉrah can also be valid by muÑÉÏÉh (handover) 58 without wording of offer and acceptance.
Although different ÎÊghah such as salam, salaf, ilzÉm, and ijÉrah; are used to execute any contract it has an impact on the ruling of forward ijÉrah according to those scholars who differ in terms of spot payment or deferred payment of consideration.
2. The subject matter (encompassing usufruct and rental).
3. The contracting parties (the lessor and lessee). The conditions pertaining to them are well known, i.e., maturity and legal competence to enter upon the contract.

The Rules of Forward IjÉrah in Islamic Jurisprudence:
The general condition that forms the parameters and rules to shape up forward ijÉrah is exploring all the attributes of salam contract stipulated in obligation i.e., to maintain properly all the conditions and rules of salam contract. This is because forward ijÉrah is a salam contract but it pertains to usufruct. Al-BahËtÊ says: "The condition of ijÉrah mawÎËfah fÊ dhimmah is to survey all the characteristics salam stipulated in obligation because the purpose of use differs according to the difference of qualities. Therefore if the usufruct is not stipulated by what makes it precise, jahÉlah of usufruct leads to the disputes. If the traits of salam are surveyed in terms of ijÉrah it will be more 57 al-ZuÍaylÊ. 4/731. AbË Guddah. P. 74. 58 ØÊghah is a simple exchange of an item for payment without accompanying any verbal statement. preclusive for disputes and far from gharar." 59 Forward ijÉrah has some rules in general and some other rules particular to its types. The following are the general rules of forward ijÉrah:

General Rules of Forward IjÉrah:
1. It is not permitted to delay the consideration, or replace after agreement upon it, or ÍawÉlah bihÉ (shifting the responsibility of its payment to a third party or ÍawÉlah ÑalaihÉ (taking the responsibility from a third party relying on it), or release from it. Rather it is mandatory to pay the consideration on the spot at the time the contract is concluded as the capital of salam contract, because this is a salam contract for usufruct. If the payment is observed but its amount or quantity is not known, there are two opinions about capital of salam contract. 60 Ibn Rushd says, "One of the conditions of forward ijÉrah, according to (ImÉm) MÉlik, is to render immediate payment, in order to avoid the sale of a debt for a debt." 61 On the contrary the ShÉfiÑÊ and ×ambalÊ schools distinguish between the wordings of the ijÉrah contract. If the forward ijÉrah is concluded by the wording of salam or salaf; for instance: "I handover to you (aslamtuka) this amount for the use of a house with such-and-such qualities," or "for the services of a construction worker of such-and-such qualifications to build a wall." If the lessor accepts, the payment must be received on the spot so as not to turn the situation into the exchange of a debt for a debt. However, in case wording from salam and salaf (debt) are not used, for instance: "I oblige you to do such-and-such," (alzamtuka) it is not necessary in such cases to make spot payment. Based on that, the lessor can hire whomever he chooses to execute the work requested of him, and he has the right to come to an agreement with him on a payment as he wants. ImÉm al-NawawÊ says: It (i.e., ijÉrah) is of two kinds: that occurs on a particular object, for instance, rental of a particular piece of real estate or animal or person. Or it occurs in obligation, such as rental of a riding animal stipulated by certain specifications, and it could be in a way that the mu´ajjir obliges his (ajÊr) responsibility to sew a garment or to build a building. 63 In other word, rental of animal in obligation must be described by specifications without rental of a person to undertake any work. ImÉm NawawÊ notifies of it saying: "If the musta´jir says, I oblige you to weave a garment with such and such qualities in the condition that you weave it by yourself; the contract is valid in this case because it is gharar." 64 3. In forward ijÉrah, it is allowed for mua´ajjir to take down payment from musta´jir for guaranty so that he cannot withdraw execution of the contract and handover the object that he undertakes in the contract to hire; instead of appealing to the judge or authority. Islamic Fiqh Academy decides in otherwise such and such amount of consideration for him. 65 If the lessor fails to provide the renter with the rented item at the specified time-some of them use the expression "flees from [the responsibility]"-the renter has the option of keeping the contract in effect and accepting the delay, or he may cancel it.
4. The lessor is allowed to use the lease payment for his personal purposes. It is based on analogy drawn from its permissibility salam sale. This is proved by the ÍadÊth narrated by ÑAbd AllÉh bin AbÊ AwfÉ al-AslamÊ, he says, "We went on an expedition to Palestine with Allah's Messenger (PBUH). The Palestinian peasants would come to us, and we would pay them in advance for wheat and oil at a specified price and for a specified date of delivery." He was asked, "From whom would they get it?" He replied, "We would not ask them." 66 The lessor is allowed to use the payment for personal purposes that are not related to the expenses of providing the service; however, it is required for him to provide it on time and in the manner agreed to. 5. It is allowed to take something as a security deposit from the lessor in a forward ijÉrah contract; for instance, to take a pledge of corresponding value to the work from a builder who has contracted to build a house; in the case he does not build the house, the deposit holder has the right to sell it and use the proceeds to pay someone else to build it. "it is similar to the securities government agencies that take from those who do work for them in order to make sure that they do not perform the jobs negligently." 67 65 Ahmad NaÎÎÉr. P. 108. 66 Sunan AbË DÉwËd 67 AÍmad NaÎÎÉr. P. 108. al-JazÊrÊ, ÑAbd al-RaÍmÉn. al-Fiqh ÑAlÉ al-Madhahib al-ArbÑÉh. 2/220.

Rules of Forward IjÉrah by Stipulating Considerations:
1. Consideration must be known by specifying its quantity and features if it is stipulated in the form of a future obligation. The amount and features of the consideration must be known if it is delayed, just like delayed payment in a sale. If the hirer says, "Do this, and I will satisfy you," or "...I will give you something," etc., the contact is invalid. If the hiree goes ahead and performs the task, he is entitled to the going market rate for a job of that sort. If the terms of his hire are that he gets his living expenses or be provided with clothing, the contract is also invalid. 68 2. The consideration is allowed to be non-monetary. In the commentary on al-Bahjah al-Wirdiyyah it says: "If he (musta´jir) hires him (ajÊr) for a certain amount of wheat or barley and specifies it according to the criteria required in a salam sale, it is permitted. If he hires him for a certain weight of bread, [it is allowed] based upon the permissibility of selling bread by salam. If he rents out a house in exchange for its restoration, or a riding animal in exchange for its fodder, or a piece of land for its crop and the labor required to produce it, or for a specified amount of dirhams in exchange for cultivating it on the condition that whatever he spends in doing so is not to be counted as part of the payment, it is not valid. If he rents it for a certain number of dirhams on the condition that he spends them on the cultivation, it is not valid because the payment is compounded of the dirhams and the cultivation costs, which is an 68 al-GamrÉwÊ. al-SirÉj al-WahhÉj ÑalÉ Matan al-MinhÉj. 1/294. indeterminate task. If he does spend them on its cultivation, he [has the right to] ask for compensation for them. 69

Rules of Forward IjÉrah by Stipulating Personal Service:
1. It is not permitted to stipulate both task and the time devoted to it. Al-BahËtÊ says: "[It is] a condition (that the specifications of Ñamal and muddah devoted to it should not both be determined); for instance, someone says, "I contract you (to sew it) i.e., this garment (in one day)," because he may finish it before the day determined. If [the hirer] uses his labor for the rest of the day, he has exceeded what he contracted him for. And if [the laborer] does not work, he has left doing so in part of the time agreed for it, which makes it avoidable deception, and there is no equivalent to it [in the format that scholars agree upon]. 70 Garments and buildings are like real estate in that their benefits are not determinable except in terms of time. They are like livestock in that it is permissible to execute contracts for particular individuals among them or generally on the basis of a binding obligation to provide specimens that meet stipulated qualities. If a benefit is assessed in terms of a task, for instance, "I contract with you to transport such-and-such...etc.," the contract is valid. 71 2. If the contract is on a stipulated task for which the responsibility is assigned, it becomes like salam. Therefore, it must be accurately described by the qualities of a salam contract in order that [the responsibility] becomes known [to both parties]. (And the contractor to render service [ajÊr] can only be a human being) because [the contract] entails the undertaking of legal responsibility, and non-humans cannot assume legal responsibility. And the contractor must be legally able (jÉ'iz al-taÎarruf) because it involves consideration for a task which responsibility is assigned; therefore, it is not allowed for someone lacking legal ability. (The contractor [ajÊr] is [also] called a mushtarik [participant]) because he accepts tasks on behalf of a group, with the profit shared between them. 72

Rules of Forward IjÉrah by Stipulating Object:
1. A forward ijÉrah contract is not void if the object being leased damaged unlike the particularized ijÉrah.. Al-MinhÉjÊ says: "Rental of a particular [animal] is annulled if the animal dies, and the option to annul becomes operative if it has a defect, but forward ijÉrah is not void by destruction [of the particular object]." 73 2. There is no option to annul a forward ijÉrah contract due to a defect. Al-MinhÉjÊ says: "That is because the lessor has the obligation to replace the defective item. There is no option to annul it (i.e., a forward ijÉrah contract) due to a defect; however, the lessor is obligated to replace it. And the food that was carried to be eaten must be replaced, if it has been eaten, according to most correct view." 74 3. The lessor must provide services that are subordinate to the usufruct. This is different from the lease of a particularized ijÉrah. Al-MinhÉjÊ says: "The lessor has the responsibility to take the riding animal out in order to look after it, to help the rider mount and dismount it as needed, to help load baggage onto it and unload it, and to saddle and unsaddle it. When one is renting a particular animal the only responsibility of lessor is to turn the animal over to

CONCLUSION:
Finally, it can be said that although forward ijÉrah is a new form of transactions introduced to the Islamic banking industry it has ground in the classical books of Islamic Jurisprudence. However, most of the classical scholars discussed it with particularized ijÉrah in parallel without any separation of chapters or headings unlike al-BahËtÊ and al-MinhÉjÊ. They classified ijÉrah into two kinds and discussed them in particular. That is why; it has not been highlighted as an individual contract at the beginning of Islamic financial institutions. The scholars of four schools of Islamic Law are unanimously agreed on the legality of forward ijÉrah albeit some contemporary scholars mention the early dispute in this regard and attribute prohibition of forward ijÉrah to ×anafÊ School. This attribution is not accurate as it is proved by their many classical texts. Forward ijÉrah could be more flexible for both customers and banks to the extent that it does not become void if the stipulated usufruct damages while particularized ijÉrah becomes void because of damage of the object. Therefore, there is a need for further research in this regard in order to innovate some new tools that can improve the services of Islamic financial intuitions.
The following suggestions are put in this regard: 1. Unanimous agreement on forward ijÉrah should be settled in the minds of both the practitioners of Islamic finance industry and their customers as well; in order to develop Islamic financial transactions and to promote the products of Islamic Finance industry based on the unanimous agreement.
2. Some research should be conducted on those financial modes wherein the concept of forward ijÉrah is already used such as MMP, istisnÉÑ, parallel istisnÉÑ e.t.c., in order to investigate the validity of those products.