جهالة الاجرة في عقود العمل و الاجارة و أحكامها في الفقه الاسلامي

Abstract

This study sheds light on that kind of employment and lease contracts in which the payment is unknown. It discusses that part being missing according to the Islamic law. Firstly, employment and lease contracts including their differ- ent types are defined; it is argued that they are legal. Secondly, the payment is held essential in any employment and lease contract. Generally speaking, it is defined as that nancial part given in exchange of a service. It could be tangi- ble funds; that are money, assets, and commodities, or intan- gible funds; that are services, debts and rights. Thirdly, the payment being unknown in contracts could range from minor, medium, or major. Their legal judgments are discussed along with their impacts on the different types contracts in question . Fourthly, the payment being unknown could be related to quantity, character, and due time. There are ways the prob- lem of payment could be lifted. The study discusses the ne- cessity of payment and its legal judgment in employment and lease contracts . Finally, modern and old forms of contracts in which the pay- ment is unknown are discussed; it could be common part, hesitant, complex, or conditional. The legal judgment of each form mentioned above is pronounced after being well de- fined.