Mukārī (مكارى)
Definition
Mukārī (مكارى) refers to an individual who rents out horses, camels, and similar load-bearing animals for hire. This term has specific legal implications within Islamic jurisprudence, particularly in contractual and commercial law. The concept is discussed in classical Islamic legal texts, such as the “Hidāyah.”
Etymology
The word Mukārī (مكارى) is derived from the root verb “كَرى” (karā), which means “to hire” or “to rent.” The term is historically associated with those who provided transportation services in the form of renting animals for travel or carrying goods.
- Arabic: مكارى (mukārī)
- Turkish: Seyis
Legal Context
In Islamic legal tradition, the role of a Mukārī is vital in the context of Ijara (إجارة), or rental contracts. According to the Hidāyah, vol. iii. p. 371, Mukārī is responsible for ensuring that the rented animal is suitable for the agreed-upon use and must adhere to terms specified in the contract. This includes health, stamina, and general well-being of the hired animals.
Usage
The Mukārī performs a critical role in a commerce-driven society, especially in times when animals were the primary means of transportation and logistics. Their responsibilities do not only lie in renting out the animals but also in ensuring that they fulfill their contractual obligations.
Books for Further Studies
For those interested in delving deeper into the subject of Islamic commercial and legal terms, here are some recommended readings:
- “Al-Hidāyah (The Guidance): A Classical Manual of Hanafi Law” - Transitional issues around rental agreements.
- “The Muqaddimah: An Introduction to History” by Ibn Khaldun - To understand the socio-economic context.
- “Fiqh al-Muamalat: Islamic Commercial Law” by Yasmin Mahmood – To get an overview of Islamic commercial regulations.
Takeaways
- Mukārī is a specialized term within Islamic jurisprudence that deals with rentals of animals for transport.
- The role is highly regulated under Ijara (إجارة) contracts to ensure fairness and quality.
- Understanding such terms helps elucidate the sophisticated nature of Islamic commercial law.
Conclusion
The term Mukārī exemplifies the breadth and depth of Islamic legal terminology, reflecting how practices such as renting animals were structured and regulated to ensure fairness and reliability within a commercial context. This term, steeped in historical relevance, offers insights into the everyday workings of classical Islamic societies and their approach to commerce and contractual relations.
