The World Federation One Stop Fiqh

Ruling 2249

If a period has been specified for the sharecropping and the period is such that usually produce is harvested by the end of it, but it so happens that the period comes to an end and no produce is harvested, then, in the event that the specified period included this scenario as well – that is, the intention of both parties was that when the period comes to an end, the sharecropping will also come to an end even if no produce is harvested – in this case, if the owner consents – either by taking rent (ijārah) or not taking rent – to the crops remaining on his land, and the farmer also consents to it, there is no problem. However, if the owner does not consent to it, he can make the farmer remove the crop. If by removing the crop the farmer suffers a loss, it is not necessary for the owner to give him something in return. However, even if the farmer consents to give the owner something, he cannot compel the owner to keep the crop on the land.