الأجرة طبيعتها و صورها : دراسة مقارنة في الفقه الإسلامي

Abstract EN

The charge, wage, and retribution.

Linguistically, have only one terminology and that is the requital of work and making use of it.

The Muslims jurists did not give an idiomatic and explicit term for ' the charge'.

The exponents of law have divided themselves in explaining the meaning of ' the charge' into three divisions.

The first one,, the charge could be 'cash' and it could be anything of the other thing and according to this trend, the enunciated word 'money' .

according to this trend, the charge could be worthless from the value point of view and this in turn leads to make the contract of rent null.

The second trend shows that the charge should be among things that law allows dealing with while the third trend defines the charge and calling it ' recoupment' and that is in turn make the charge among the things that law cannot deal with… The exponents of law and the Muslims jurists have agreed upon the origin of the ' charge' is amount of money, also they show the benefit could be the charge in the contract of rent whether it is of the same gender which has been contracted on or of different one, different from the one which have been decided in the contract.

Because of the importance of this topic, we have dealt with two matters..

the first one is the definition of the charge and have divided into two branches, the first one is the definition of the charge linguistically, and in the second one, to define it idiomatically according to law and jurisprudentially..the second matter is our dealing with the nature of the charge and its portrays through two branches, the first one is the nature of the charge and the second, is the portrays of it.