The Contract of Ju‘ālah as Presented in the Text Aqrab al-Masālik

Abstract

The study examined the Contract of Ju‘ālah (Reward-based Contract) as defined by Maliki jurists, relying on what is stated in the text Aqrab al-Masālik ilā Madhhab al-Imām Mālik. It explained the essence of Ju‘ālah in terms of its linguistic and legal definitions and its relevance to the preceding topic. The study then presented its legal ruling and evidences from the Qur’an and Sunnah, highlighting its legislative wisdom and practical applications. It further discussed the legal aspects related to Ju‘ālah, including the conditions for its validity, the nature of the contract, and its comparison with the contract of Ijārah (lease/wage contract). The study concluded with an analysis of the invalid Ju‘ālah, its legal consequences, and the issues of dispute regarding the amount of the reward and the methods of resolving such disputes according to the well-known opinion within the Mālikī school. The objective of the study is to clarify the true nature of the Ju‘ālah contract in accordance with the established position of the Maliki school, thus providing a clear conceptual framework beneficial to students, muftis, and Islamic arbitrators. The study adopted a descriptive-analytical method in its examination of Aqrab al-Masālik, along with a comparative approach to address internal doctrinal differences. The study concluded that Aqrab al-Masālik consistently adheres to the well-known opinion (mashhūr) in presenting the rulings of the Ju‘ālah contract, thereby affirming its status as a reliable reference for issuing fatwas in Libya. It was also found that, although the text discusses several essential issues related to Ju‘ālah, it does not encompass all its practical branches. Moreover, the study revealed that while Ju‘ālah shares certain elements with Ijārah, it differs in essence because it remains non-binding upon the worker—a feature that grants the contract a high degree of flexibility suitable for contemporary transactions.