Impact of Unexpected Circumstances on Personal Employment Contracts (ʿAqd al-Ijārah): A Jurisprudential and Applied Study

عقدِ اجارہ اشخاص پر غیرمتوقع حالات کے اثرات: فقہی و تطبیقی مطالعہ

Abstract

Ijarah is an Islamic contractual concept referring to the transfer of usufruct in exchange for compensation. Broadly, it includes two main types: hiring of persons (Ijārah al-ashkhāṣ) and leasing of tangible assets (Ijārah al-ʿayn). The former involves availing the services of a person against wages, while the latter involves utilizing a physical asset for rent. In some forms of Ijarah, such as lease-to-own contracts, the ownership eventually transfers to the lessee. Normally, both contracting parties aim to complete the term of Ijarah for mutual benefit. However, in real-world circumstances, unexpected situations—such as natural disasters, pandemics, or personal incapacity—may arise that hinder the continuation or completion of the contract. In such cases, one or both parties may face harm or loss if forced to honor the original terms. This article critically examines the jurisprudential rulings and principles of Islamic law regarding the impact of such contingencies specifically on the hiring of persons. Drawing from classical sources of fiqh across all four Sunni schools of thought, it evaluates when a contract may automatically terminate, and when either party has the right to terminate. Additionally, contemporary challenges such as labor disputes, contract frustration due to emergencies, and judicial interpretations have been explored. The study aims to provide a balanced understanding of both theoretical and practical dimensions, offering solutions for resolving conflicts in employment-based Ijarah contracts due to unforeseen events.