The enjoyment of profit contrary to the thing hired

According to Civil Code-Article 490-item 2, the lessee is obliged to use the object of lease for the purpose agreed upon in the lease, or if no purpose was specified, for the purpose of profit in the way indicated by the circumstances and conditions of the lease. In case the lessee breaches the lease and possibly not being preventable, according to the aforementioned Civil Code-Article 492, the lessor has the right to cancel the hire. The concept and meaning of the enjoyment of profit contrary to the thing hired and its consequences is not well established in civil code as well as the law concerning the relations between the lessor and the lessee legislated in the years 1977, 1983 and 1997, This paper attempts to discuss these issues from Islamic jurisprudent point of view. This article, indeed, discusses the concept and meaning of the enjoyment of profit contrary to the thing hired in three kinds of hire; things, persons and animals. It also explores the consequences of the enjoyment of the contrary and the sanction of the lessor’s breach including the right of the lesser’s breach, if it is not possible to prevent the lesser, the liability of the lessor to the object of lease and the liability of the lessor to the profit. Considering the lessor to pay both the specified wage and the average wage of the contradictory profit is a category argued based on the theory of the possibility of possessing contradictory profits, provided that the profit specified in the lease is in contrast with the enjoyed contradictory profit.