The Rulings of the Ijarah Contract and its Contemporary Applications: A Comparative Jurisprudential Study of Womb Leasing (Surrogacy) and Lease-to-Own (Ijarah Muntahia bi al-Tamlik) under the Maliki School of Thought

Abstract

This research examines the rulings of the Ijarah (Leasing/Hiring) contract in Islamic jurisprudence, beginning with its linguistic and technical definition, and clarifying its legitimacy from the Quran, Sunnah, and scholarly consensus. The study elucidates the essential pillars (Arkan) of the Ijarah contract: the contracting parties, the subject of the contract (the Usufruct and the Wage/Rent), and the الصيغة (contractual formula) , in addition to the types of Ijarah (Mushahara, Wajeebah, and Muqata'ah) , and the difference between Ijarah and Kira' (Renting). Furthermore, it highlights contemporary applications of Ijarah, such as Womb Leasing (Surrogacy), detailing its definition, form, and ruling (which is prohibition according to the majority of contemporary scholars and Fiqh Councils), and Lease-to-Own (Ijarah Muntahia bi al-Tamlik). The research clarifies the various forms of Lease-to-Own and their rulings, noting the invalidity of the form where ownership transfers automatically without a new contract , and the validity of forms associated with a binding promise to sell, grant (Hiba), or multiple options under specific Shari'ah controls. The conclusion underscores the importance and flexibility of Islamic Law, affirming the prohibition of womb leasing and the validity of some forms of Lease-to-Own over others.