In the Name of Allāh,
the Entirely Merciful, the Especially Merciful
Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.
Resolution No. 103 (6/11) Maintenance Contracts
The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 11th session in Manama, Kingdom of Bahrain, on 25–30 Rajab 1419h (14–19 November 1998),
Having examined the research papers submitted to the Academy concern- ing Maintenance Contracts,
Having listened to the in-depth discussions on the subject,
First: A maintenance contract is a novel and independent contract to which the general rulings of Shariah for contracts apply. Its jurisprudential character- ization and ruling vary according to its different forms. It is, in fact, a compen- sation contract that involves an undertaking by one party to inspect and repair, periodically or in case of emergency, a machine or anything else necessary in the form of periodical or emergency repairs for a specified period in exchange for specific compensation. The maintenance contractor may undertake to provide labor only or both labor and materials.
Second: A maintenance contract includes many forms, among which have been explained above, namely:
- A maintenance contract which is not related to another contract, whereby the maintenance contractor undertakes to provide labor only or provide ordinary materials that the contracting parties usually do not consider. This contract is regulated as an Ijārah contract to provide labor, and it is permissible in Shariah, provided the labor period and wages are
- A maintenance contract is not related to another contract, whereby the maintenance contractor undertakes to provide labor, while the client un- dertakes to provide materials. The jurisprudential characterization and ruling of this form are the same as the first one above.
- Conditional maintenance in the sale contract which is to be provided by the seller for a specific period of This is a contract in which sale and
condition are combined and it is permissible in Shariah, whether main- tenance is done with or without the provision of materials.
- Conditional maintenance in Ijārah contract which is to be provided by both parties of the contract. This is a contract in which Ijārah and con- dition are combined. The ruling of this form of contract is that main- tenance, if it is of the type that depends on the fulfillment of benefit, then it is binding to the owner of the hired property without condition. However, it is not permissible to impose it as a condition on the client. As for maintenance which is not conditional on the fulfillment of benefit, it is permissible to be imposed as a condition for either party, if it is spec- ified in a manner that precludes ignorance. There are other forms which the Academy decides to postpone for further study and research.
Third: In all forms, it is a required that maintenance be specified in a manner that precludes ignorance that leads to disputes. The same applies to the speci- fication of materials if they are to be supplied by the maintenance contractor. Likewise, it is a requirement to specify wages in all cases.
Indeed, Allāh is All-Knowing.