Ratification, licence (ijaza)

إجازة

Ijaza in the lexicon means to put into effect. For jurists it is the ratification of a transaction made by someone who lacked the right to make it, and it always follows the act, unlike permission (idhn), which comes before it. 1 Its elements are a transaction that can be ratified, a ratifier who has the power to dispose of the matter, and knowledge that the object of the transaction still exists. 1 2 Ratification may be by word, by act, by the passage of a fixed period in a time-limited transaction, or by strong circumstantial signs. 3 4 The word also means a gift from a ruler, licence to issue fatwas or teach, and permission to transmit a report; the majority of hadith scholars allow transmission by licence and hold that the transmitted report must be acted on. 5

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At a glance

Era
The Prophetic Era
Region
Global / Diaspora
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Development of law, theology and institutions

Summary

In the lexicon, ijaza means to put into effect: one says ajaza al-shay' when one carries it out. Jurists keep this sense. 1

Ratification

Ratification in this sense always follows the act, unlike permission, which comes before it. 1 Its elements are a transaction whose maker acted without authority, such as an unauthorised agent (fudul); a ratifier who has the power to dispose of the matter; and knowledge that the object still exists. 1 2

If the owner ratifies after the unauthorised agent has died, the ratification is valid, since the agent was only a messenger and no rights of the contract return to him. 2 A minor's divorce, which had no ratifier when it was pronounced, is not ratified after he comes of age, according to the majority, since a guardian has no power to divorce a minor's wife. 6 Ratification does not reach acts of destruction, so a guardian cannot ratify the gift of a minor's property once he comes of age if the gift is a destructive donation. The Hanbalis allow a father to take his son's property. 3

Forms of ratification

Ratification may be by a wording that could express ratification or something else; the circumstances then decide, and absent such signs the word is taken in its literal sense. Writing or a clear sign replaces speech when speech is impossible. 4 It may also be by act, by any act that would count as acceptance in a contract, by the passage of a fixed time in a time-limited transaction such as the option period, or by strong signs. A virgin who is adult and who smiles, is silent, or takes her dowry, after being told of her marriage, is taken to have ratified it; loud weeping signals refusal. 4

Transactions of an apostate

An apostate's transactions are suspended according to Abu Hanifa, Malik, the Hanbalis and one Shafi'i view; if he returns to Islam they take effect. The two companions of Abu Hanifa and one Shafi'i view hold them effective. 7

Other senses of the word

Ijaza can mean a gift, such as a ruler's reward for work. 5 It can mean licence to issue fatwas or to teach, which a person may give only if he knows the Qur'an, the Sunna, the reports and the methods of jurisprudence, and is just and trusted. 5 It can mean licence to transmit a report: the majority of hadith scholars allow transmission by licence and hold that a report so transmitted must be acted on, though some earlier jurists refused. 5

People and things also explored

Biting and the liability for injury it causes (add)· Justice and uprightness (adl)· Contagion (adwa)· Pardon (afw) in purity, worship, contracts and penalties· Covenant (ahd) and the duty to keep it; oath by the covenant of God· Term, deadline (ajal)· Hired worker (ajir)· Stranger, outsider (ajnabi)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1576
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1577
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1580
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1581
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1583
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1578
  7. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1582
Cite this page

islam.museum contributors. “Ratification, licence (ijaza)”. islam.museum, https://islam.museum/en/concept/ijaza/. CC BY-SA 4.0. Last updated 2026-10-23.

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Related

Biting and the liability for injury it causes (add)

In the lexicon, add is gripping a thing with the teeth and holding it. If a person bites another without right and a wound results, the biter must pay the damages for the wound, assessed as a just award by experts. If one man bites another's hand and the bitten man pulls it free so that the biter's front teeth fall out, most jurists hold that there is no liability, relying on a prophetic judgement in such a case; the Shafi'is limit this to a bitten man who chose the easiest means of release, and the preferred Maliki view requires compensation.