What is the ruling if land and trees are stipulated to be jointly owned from the outset?

General Chapter

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the contract stipulates that both the land and the trees resulting from planting efforts are to be shared between the parties from the beginning, the transaction is corrupt (*fasid*) unequivocally. This is because stipulating co-ownership of the fundamental asset invalidates the agreement, analogous to stipulating shared ownership of the tree itself or the crop in a sharecropping agreement.