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16. Sharecropping (Muzāraʿah)

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  • Ruling 2246

    Sharecropping is when an owner of land forms an agreement with a farmer to place the land at his disposal so that the farmer may farm the land and give part of the produce to the owner.

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  • Ruling 2247

    A number of conditions must be fulfilled for sharecropping to be valid: there must be a contract between the two parties. For example, the owner of the land says to the farmer, ‘I place the land at your disposal’ …

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  • Ruling 2248

    If an owner has an agreement with a farmer that an amount of the produce will belong to one of them and the rest of it will be divided between the two of them, the sharecropping is invalid …

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  • 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 …

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  • Ruling 2250

    If farming the land is not possible due to certain circumstances, such as the land being cut off from a water supply, the sharecropping is nullified. And if the farmer does not farm the land without a legitimate …

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  • Ruling 2251

    An owner and a farmer cannot annul the sharecropping contract without the consent of the other. However, if they stipulate a condition in the sharecropping agreement that both or one of them reserves the right to annul the …

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  • Ruling 2252

    If the owner or the farmer dies after the sharecropping contract has been concluded, the sharecropping is not nullified and their heirs take their place. However, if the farmer dies and a restriction had been made in the …

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  • Ruling 2253

    If after farming the land the parties realise that the sharecropping agreement was invalid (bāṭil), in the event that the seeds belonged to the owner, the produce will also belong to him. The owner must pay the farmer …

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  • Ruling 2254

    If the seeds belong to the farmer and after farming the land the parties realise that the sharecropping agreement was invalid, in the event that the owner and the farmer both consent to letting the crops remain on …

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  • Ruling 2255

    If after harvesting the crops and the completion of the sharecropping period the roots of the crop remain in the ground and they produce crops again in the following year, then, in the event that the owner and …

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