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INTRO: TERMS OF ISLAMIC JURISPRUDENCE RELATING TO HIRE

Article 404. Rent is hire, that is to say, the price paid for the use of a thing; letting is giving on hire, and hiring is taking on hire.

Article 405. Has no meaning for the English reader.

Article 406. An irrevocable contract of hire is any valid contract of hire which is not burdened by a contractual option, or by an option for defect or by an option for inspection, and which neither of the parties may cancel without some lawful excuse.

Article 407. An immediate contract of hire is a contract of hire which comes into force immediately upon the conclusion of the contract.

Article 408. A future contract of hire is a contract of hire which comes into force as from some definite future date.

Example: A house is given on hire as from the beginning of some future month for a certain period and for a certain sum of money. A future contract of hire has been concluded.

Article 409. The lessor is the person who gives on hire.

Article 410. The lessee is the person who takes on hire.

Article 411. The thing hired is the thing which is given on hire.

Article 412. Property given to work upon is property handed to a person employed by the employer, so that the person employed may do the work which has been entrusted to him, such as stuff given to a tailor to make into clothes, or a load given to a porter to carry.

Article 413. The employee is the person giving his services on hire.

Article 414. Estimated rent is the rent fixed by disinterested experts.

Article 415. Fixed rent is the rent mentioned and fixed at the time of the conclusion of the contract.

Article 416. Indemnification consists of giving a similar thing if it is a thing the like of which can be found in the market, or the value thereof, if it is a thing the like of which cannot be found.

Article 417. Prepared for hire is said of any thing designed and prepared to be let on hire. It relates to real property such as inns, houses, baths and shops originally built or bought in order to be let on hire, and also such things as carriages and horses let on hire. If a thing is let continuously on hire for a period of three years, it is a proof that it is prepared for hire. If a person has a thing made for himself and tells people that it is prepared for hire, such thing is deemed to be prepared for hire.

Article 418. A hirer of a wet nurse is a person who hires a nurse to give milk to a baby.

Article 419. Partition of usufruct consists of a division of benefit.

Example:- Two persons who are joint owners of a house agree to take the benefit arising there from separately in alternate years.