How is an excess profit share stipulated in a Musaqat (sharecropping for fruit trees) or Muzara'ah (sharecropping for crops) contract treated?
General Chapter
Al-Mughni
Book of Partnership
Primary text
There are two possibilities regarding a stipulated share exceeding the customary wage in Musaqat and Muzara'ah contracts. One view suggests that the excess is not accounted for from the worker's one-third discretionary portion because the resulting fruit is a joint yield belonging to both owners, similar to profit in a Mudarabah contract. The second view suggests it is accounted for from the worker's one-third because the fruit is an increment in his possession, arising from the capital, whereas Mudarabah profit arises from the turnover of the capital itself, not its essence.