User:Lujain Al-Omari/Al-Aariyah

Al-Aariyah" is a term derived from the verb "to loan." In the branches of Islamic jurisprudence, it refers to a transaction whereby one permits another to benefit from what is permissible to be enjoyed while the property remains intact. It is a valid contract between two parties: the owner (Mu'ir) and the borrower (Musta'ir). The owner, as the possessor of the property, allows the borrower to benefit from the borrowed property out of generosity, without expecting anything in return. What the owner donates is the benefit itself, meaning only the use, while the borrowed property remains under the ownership of the owner and does not affect the definition of Aariyah. What is permitted to the borrower under the contract of Aariyah is the benefit obtained from the borrowed property. It is a trust and should only be used for what can be benefited from while the property remains intact.

Language:
It is derived from the root "ta'awur," which means mutual exchange and rotation with reciprocity. "Istiaarah" is the request for a loan, where something is lent and borrowed back, and it is shared between them. "Mu'awarah" and "ta'awur" are similar to mutual exchange, and exchange in something occurs between two parties. "Aariyah" is attributed to "Aarah," which is a term related to loaning.

Legally:
It is the transfer of benefit without compensation. Some say it refers to assistance mentioned in the Quran: "And they withhold [simple] assistance" [Al-Ma'un: 7]. Others say it refers to transferring benefits without compensation, while some say it means permitting benefits without compensation.

Ruling on "Al-Aariyah":
"Al-Aariyah" is a permissible contract, meaning it is allowed for one of the contracting parties to terminate it at will, and it is not an obligatory contract. It is recommended in Islamic law due to its fulfillment of the needs of Muslims, as recommended by the Quran, Sunnah, and the consensus of scholars.

Firstly: Its legitimacy in the Quran
Allah, the Exalted, says: "And cooperate in righteousness and piety" [Al-Ma'idah: 2].

Secondly: Its legitimacy in the Sunnah
The Prophet Muhammad (peace be upon him) said: "Whoever shields his brother, Allah will shield him in this world and the Hereafter, and whoever relieves a Muslim of a burden, Allah will relieve him of a burden from the burdens of the Day of Judgment, and Allah is in the aid of the servant as long as the servant is in the aid of his brother."

Thirdly: The consensus
Muslims agree on the legitimacy of "Al-Aariyah" as it falls under the command in the verse: "And cooperate in righteousness and piety and do not cooperate in sin and aggression" [Al-Ma'idah: 2], as undoubtedly, fulfilling people's needs and showing kindness to them are among the types of righteousness that strengthen relationships and foster affection, which are highly praised in Islamic law.

Pillars of "Al-Aariyah":
1. Contracting Parties:

There are two parties involved: the "Mu'eer" (the owner of the property being loaned) and the "Musta'eer" (the one borrowing the property).

2. The Borrowed Item:

It must be something that can be used while remaining intact, such as books, houses, and other items where the benefit can be derived without consuming the item. Items that are consumed upon use, such as food or perfume, do not qualify for "Aariyah" but rather fall under the category of a gift given with permission and allowance to take, like lending a pen with permission to use it, or permitting someone to eat or drink.

3. Contract Formulation:

It involves granting permission to benefit from the item. For example: "I lend you this book," "I allow you to eat from this land's produce," "I grant you the use of this garment," or "I provide you with transportation on this animal," as long as it's not intended as a gift. It can also include providing shelter or accommodation.

Each element has specific conditions:

1. The "Mu'eer" (Owner):

- Must be an adult.

- Must be of sound mind.

- Must not be legally restricted due to incompetence.

- Must be the owner of the benefit intended to be loaned.

2. The "Musta'eer" (Borrower):

- Must be identified; lending to an unknown person is not valid.

- Must have unrestricted authority.

3. The "Ma'ar" (Item Borrowed):

- Must be utilized immediately or later.

- Must be permissible to use; lending what is prohibited to use is not valid.

- Must be usable while remaining intact.

4. The Formulation:

- Must include explicit permission for usage, whether stated by the Musta'eer or Mu'eer.

- The response of the other party is not necessary for validity; their action is sufficient.

- Implicit permission through action or gesture, along with intention, is acceptable.