Abstract:

Ijārah, a contract that can be a model for contracts of continuous performance in terms of Islamic obligations law, corresponds to current rental and labour contracts. In this article, the effect of the damage on the rescission of the ijārah cont-ract has been examined in the Ḥanafī school. Although the ijārah contract is intrinsically obligatory, it has been rescinded in some cases. Damage is also a factor in this matter. The purpose of this study is to reveal the connection between the damage and the right of parties to rescind or being the contract defunct within the context of the ijārah contract. Determining the relationship between the reasons for rescission and the damage is vital in guiding the expansion of the conclusions and their application to current issues. In this study, the damage is explained briefly in terms of its effect on the contracts; then, it’s requiring and preventing the rescission of the ijārah contract are examined. The document analysis method was preferred in the study, and the nonsystematic data in the sources were bro-ught together and interpreted. According to the data obtained, it has been seen that in cases where the parties have to bear a loss that they have not undertaken by contract, the damage causes the rescission of the ijārah contract. In cases whe-re the rescission of the contract will cause damage, it is an obstacle to the rescission.

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