What is the requirement for establishing the duration of a Musaqah (sharecropping/fruit cultivation) contract when its validity is affirmed without a fixed term?

General Chapter

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the validity of the Musaqah contract is affirmed without specifying a duration, it is not required to set a time limit because the continuation or termination of the contract is at the discretion of either party, and either party may dissolve it whenever they wish, similar to Mudarabah (profit-sharing in capital). If a duration is stipulated, it is permissible, as there is no harm in setting a timeframe, which has been established as permissible in Mudarabah, and Musaqah is analogous to it.