1.
Ju’alah (Commision)Ju’alah (Commision)

2.
Literally ju’alah carries two meanings :
a)To determine : The party who wants to offer ju’alah
will determine the rate of reward.
b)To make an obligation : it is an obligation to
reward the person who has completed a task successfully.
Technically, The Hanafi and Shafi’e school gave almost
similar definitions. According to them :
Ju’alah is a commitment in granting a determined
reward for either a specific or unspecified task that is
described as difficult to perform.(Al-Sharbini , Mughni al-Muhtaj v 2, p. 554)

3.
Maliki, Shafi’e and Hanbali schools are of the opinion
that ju’alah contract is permissible. Majority of the
fuqaha’ acknowledge ju’alah contract based on the
Quranic verse that reads as follow :
“They said : We are missing the measure of the king. And
for he produces it is [the reward of] a load camel, and I am
responsible for it (Surah Yusuf : 72)
Al- Sunnah :
The Prophet SAW had acknowledged the action of a sahabah
(companion) who recited Surah al-Fatihah of the Quran on a patient
for a sheep as his fee if the person is cured(Sahih al-Bukhari v.7, p. 133 )

4.
Among the issues discussed by the fuqaha’ related to sighah are :
1) THE CONTENT OF SIGHAH
There must be an expression which indicates the permision to do a job, either in the
form of command, or in the form of condition. Eg : “Find out / if you find my missing
motorcyle and bring it to me. I will give you a reward (Ju’ul) of RM 200”.
Sighah must also states the type and the promised amount of reward. (Because under
mu’awadah contracts that requires the detail of ‘iwadh exchange)
(Mughni al- Muhtaj v. 2 p 554 )
2) GENERAL AND SPECIFIC SIGHAH
Under Ju’alah contract, sighah can be in general as well as specific to a particular
person

5.
3) CARRYING OUT THE TASK WITHOUT CONSENT
If a person performed the required task prior to the announcement of the
reward, he is not entitled to such reward. This is because he was
regarded as a person who performed the task voluntarily.
Similarly, if ju’alah contract is offered to a specific person, the other
parties would not be entitled to the reward even though he has
completed the task.
(Mughni al-Muhtaj, v.2, p.554 )
4) QABUL IS NOT REQUIRED
Only ijab (offer) is required, whereas qabul is not required. According to
Al-Qamuli, the reward to be considered is the reward mentioned in the
ijab not in the qabul. ( Mughni Al-Muhtaj v.2 p. 554 )

6.
Among the issues discussed by fiqaha’ in relation to this pillar are as
follows :
1) CONDITION OF CONTRACTING PARTIES
The contracting parties are ja’il(who offers a reward) and a’mil. However, in
ju’alah contract jai’il is required. Thus,is not valid if the ja’il is a slave,
insane or mahjur (those who are prevented from performing transaction
including arising from bankruptcy).(Mughni Al-Muhtaj v.2 p. 556 )
2) JU’ALAH OFFERED BY A NON-OWNER
Under ju’alah contract, it is not required for the ja’il to be the owner of the
lost property. Therefore, a ju’alah contract is valid if someone said, “Those
who find and return my friend’s motorcycle, I will give a reward of RM
200”. In this situation, the ja’il himself obliged wilfully to give the reward
for the task. (Mughni Al-Muhtaj v.2 p. 556 )

7.
Among the issues discussed by the fuqaha’ in relation to the third rule are :
1)TYPE OF TASK THAT CAN BE INCLUDED IN CONTRACT
The general rule spells out that any task which is valid for ijarah is also valid for ju’alah
(Ibn Qudamah, Al-Syarh al-Kabir, Dar Hajr v.16 p.169 ). Consistently, ju’alah contract also cannot be concluded for
illegal tasks, for eg., “Those who steal a motorcycle for me, I will give him a reward of
RM 200”.
2)NATURE OF TASK – KNOWN OR UNKNOWN
Fuqaha’ that allows ju’alah contract are unanimous in allowing for any type of tasks
even though it is unknown. (Ibn Qudamah, Al-Syarh al-Kabir, Dar Hajr v.16 p.170 ).
3)PERIOD OF EMPLOYMENT
According to Syafi’e school, ju’alah contract is not valid if the period is specified. (Mughni Al-
Muhtaj v.2 p. 556 ) Whereas in Hanbali’s view, it is permissible.
4)TASK MUST INVOLVE SOME FORM OF EFFORT
Among conditions of the employment, the task must require some form of effort or
involve difficulty (masyaqah) in order to be accomplished.

8.
Among the issues discussed by the fuqaha’ in relation to the fourth rule are :
1)THINGS THAT CAN BE MADE AS REWARD
The reward in ju’alah contract has to be specified and known (Al-Shairazi, Al-Muhazab v.2, p.272)
2)CHANGING THE AMOUNT OF THE REWARD
For eg. Someone says : “Whoever find and bring back my missing
motorcycle, I will give him a reward of RM 200”. Later, he made another
announcement that the reward is decreased to RM 100.
According to Syafi’e and Hanbali schools, it is permissible with
condition must be done before the commencement of the task by the party
receiving the ju’alah offer (Al-Buhuti, Kasyasyaf al-Qina’ v.3 p. 415)

9.
3) THE TASK IS DONE BY MORE THAN ONE PERSON
If the offer was made to three individuals with different rate of reward, such
as a person said, “If Ahmad found my motorcycle, then I would give him a
reward of RM 900, if Ali found it, I would give him a reward of RM 600, and if
Zaid found it then I would give him a reward of RM 300”.
When the three individuals finds the motorcycle and returns it to its owner, each
of them will get one-third of the individual reward offered. So, Ahmad is entitled
to 1/3 of RM 900(i.e RM300), Ali gets 1/3 of RM 600 (i.e RM200) and Zaid
gets 1/3 of RM300 (i.e RM100)-Divided equally-(Syafi’e ,Mukhtasar al-Muzani p.136 + al-Buhuti, Kasyafsyaf
al-Qina’ p.415 + Ibn Qudamah Syarah al-Kabir v.16 p.164 and Imam Al-Dardir, Alsyarah al-Kabir, v.4, p.65 )
4) THE REWARD IS NOT SPECIFIED IN THE CONTRACT
There are difference of opinion among the fuqaha’ in relation to this issues. (They are
as Syafi’e school, Al-Muzani(Comparable reward), Ibnu Surayj(expertise , comparable reward) and Ishaq Al-Mawarzi(owner assign))Thus , the
unspecified reward is contentious and should be avoided.

10.
According to most Muslim Scholars, ju’alah is permissible .
In the past, ju’alah may be applied to achieve certain objectives such as to reward
those who can return lost property. Today, ju’alah contract is still relevant and
can be regarded as a supportive instrument to support financing structure.
In doing so, it is vital to ensure that all rules and conditions are met in order to
avoid any disputes and injustice between contracting parties.