How is a disagreement resolved if the parties differ on the specific trees covered by the sharecropping agreement?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The default position dictates that if the parties disagree on the subject matter of the Musāqāh (the trees), the matter is resolved by mutual oaths (tahāluf) according to Imam Al-Shafi'i, or by the statement of the capital owner prevailing based on the principle that the claimant must provide proof, supported by the prophetic tradition: 'The evidence is upon the claimant, and the oath is upon the one against whom the claim is made.'
Supporting text
Imam Malik supports accepting the worker's claim if it is plausible, as the worker has taken possession of the subject matter.