ʿĀRĪYAH (عارية)
Definition
ʿĀRĪYAH (عارية) is an Arabic term used in Islamic jurisprudence to describe a loan of a non-consumable item. It essentially refers to the temporary transfer of an object that can be used but does not get consumed or lose its usability after the use, unlike money which is consumed when spent.
Etymology
The word ʿĀRĪYAH (عارية) stems from the Arabic verb ʿAAR (عار), which means “to borrow.” It suggests a temporary transfer with an expectation of return in a similar condition.
Arabic Translation
ʿĀRĪYAH: عارية
Turkish Translation
ʿĀRĪYAH: Ödünç verme
Usage
Loan for Use
In Islamic jurisprudence, ʿĀRĪYAH refers to a loan that allows the borrower to use an item for a particular period while ensuring its return in its original condition. Unlike Qarẓ, which is a loan of consumables like money, ʿĀRĪYAH applies to non-consumables such as:
- The loan of a horse
- The loan of a book
- The loan of tools
Gift Concept
In a broader context, ʿĀRĪYAH can also signify a conditional gift. For example, if a person gifts the dates of a palm tree to someone but later wishes to avoid frequent visits from the recipient, they could offer a bunch of already picked dates instead. This act would retain the essence of the gift while managing the visitor inconvenience.
Legal Example
A noteworthy citation of ʿĀRĪYAH in jurisprudence is in Baillie’s “Law of Sale” (p. 300), where it clarifies the usage of ʿĀRĪYAH in different contexts. This includes both loans of practical items and conditional gifts meant to bypass social or logistical concerns.
Further Reading
For those keen on delving deeper into Islamic legal terms and how they intertwine with various aspects of daily life, consider reading:
- “An Introduction to Islamic Law” by Joseph Schacht
- “Islamic Jurisprudence: An International Perspective” by C.G. Weeramantry
- “Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali
Takeaways
- ʿĀRĪYAH specifically deals with non-consumable items or temporary gifts, distinguishing it from Qarẓ.
- It emphasizes the importance of trust and the ethical return of borrowed items in their original state.
- Its applications reflect adaptive measures to balance social interactions.
Conclusion
Understanding ʿĀRĪYAH broadens one’s comprehension of Islamic legal principles concerning temporary property transfer and conditional gifts. It showcases the nuanced nature of Islamic law and its practical applications in everyday scenarios.
By studying ʿĀRĪYAH and related concepts, one gains insights into the ethical frameworks that govern the intricate balance between generosity and rights in Islamic tradition.
