The legal status of Muzara'ah based on scholarly consensus and analogy.

Chapter on Sharecropping (Muzara'ah)

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 4 · Bab 2

Open in Qurani

Primary text

The continuous application of the Khaybar ruling by the Prophet, the Caliphs, and the Companions, without objection, establishes an *Ijma'* (consensus) among the Companions regarding its permissibility when based on a share of the yield. Analogy (*Qiyas*) supports this: land is an asset that increases through labor, making it permissible to contract for a portion of its growth, similar to *Mudarabah* (profit-sharing in commerce) or *Musaqah* (sharecropping fruit trees). Furthermore, necessity demands its allowance, as landowners may lack the ability to cultivate, and laborers often lack land, serving a necessary public benefit.