Sharecropping (الْمُزَارَعَةُ)

Sharecropping (الْمُزَارَعَةُ)


الفقه أصول الفقه

التعريف :


The cultivation of farmland in return for a share of its crops.

المعنى الاصطلاحي :


Giving a piece of land to someone to cultivate it in exchange for receiving a share of its produce such as the half or so.

الشرح المختصر :


"Muzāra‘ah" (sharecropping) is a partnership pertaining to farming land wherein the landlord hands over the land to someone to plant it in exchange for part of its harvest and produce. It is also called "mukhābarah", derived from "khabār", which means soft land. This partnership takes place with any wording that indicates the meaning of sharecropping, such as saying: I give you the land for such and such time to plant it in return for such and such part of its produce. Conditions of the valid sharecropping contract: 1. Making the harvest common property between the two parties without specifying a certain part of the land to either one. 2. Specifying the share of the farmer, such as the half, quarter, etc. 3. Specifying the land, as well as the period of time in months or years. 4. The land should be cultivable even if through reclamation. 5. Specifying the one who will bear the cost of the seeds and other expenses in case there is no customary practice in this regard. The "muzāra‘ah" contract is a Shariah-approved method to benefit from agricultural land through participation between the landowner and the farmer, and the land produce is to be divided between them according to a specific percentage mentioined in the contract or by the customary practice of the community they live in. A farmer may be skillful in farming but does not own any land, and a landowner may be incapable of farming it, so Islam permitted sharecropping for the benefit it brings to the two parties of the contract and to the community as a whole.

التعريف اللغوي المختصر :


"Muzāra‘ah": a deal between two people concerning "zar‘", which means sowing seeds in the soil. "Zur‘ah": seeds. "Mazra‘ah": farm. "Zar‘" also means: cultivating, plowing, what is cultivated such as plants and the like. Original meaning of "zar‘": growth, increase.