The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No.1885- If an employer appoints a builder to recruit labourers for him, and if the contractor gets from the employer more than what he pays to the labourers, the amount in excess is haram. However, if the contractor accepts to finish the building with a specific amount of money, which is more than what he spends, there is no harm in taking the amount in excess. Nevertheless, as an obligatory precaution, he himself should undertake some work, whether constructing, supervising or ordering materials.

Issue No.1887- Sharecropping means that the landowner agrees to hand over his land to a farmer so that he would cultivate it, in return for a specific share of the crop produced on the land. The Sharecropping contract can be concluded verbally – for example, the landowner says, “I hand over to you this land in return for one-third of its crop for a period of two years”, and the farmer says, “I accept”, and the contract is in order. It would also be in order, if the landowner [without the formula being pronounced] hands over the land to the farmer and he receives it. (Of course, the necessary talks about the duration of the contract and the landowner's proportion, etc., should have taken place earlier).

Issue No.1888- There are certain conditions in Sharecropping:1) Both the landowner and the farmer should be mature and sane, and should conclude the contract of Sharecropping out of intention and free will. They should not have been banned from discretion over their properties by the Islamic judge, and should not be mentally incompetent either.2) All the crop of the land should not be allocated to one of them.3) The owner and the farmer should both openly share the entire produce. For example, the landowner will receive ½ or 1/3 of the entire crop. Hence, if they lay down a condition that a kind of the crop is for one of them and another kind of the crop for the other one, or that the crop of a certain part of the land should belong to one of them and the crop of another part of the land for the other one, it is not in order. Similarly, if the landowner says to the farmer, “Cultivate the land and give me as much as you wish”, it will be void.4) The period for which the land is to remain in possession of the farmer should be specified, and it is necessary that the period should be long enough to make a harvest possible from the land.5) The land should be arable, and if it is barren but can be made fit for farming by some work being done on it, the contract will be in order.6) The type of the crop should be specified. However, if it does not make any difference to them and to the public, or when it is clear as to what sort of crop the land is suitable for, it is not necessary that they specify it.7) The land should be specified. Hence, if a person has got several pieces of land, and says that he gives one of them for Sharecropping, and if the lands are of different qualities, the Sharecropping will not be in order. However, if the lands are of the same quality, and he says, for example, that he hands over to him (the farmer) five acres of this land, there is no problem in it. It is also possible to describe the land to the farmer without him having seen it.8) The expenses of cultivation, seeds, etc., which each of them incur should be specified. However, if the expenses are known among the local people, it will be sufficient.

Issue No.1890- If the period of Sharecropping (tenancy) comes ends, and the crop has not yet become available, in case this is due to the failure of the farmer, the landowner can make the farmer remove the crop from there. However, if it is due to the year being delayed (as is common), the landowner should wait, and if it is neither of them, and the farmer sustains a loss owing to its being removed, but the landowner does not sustain a loss, the latter should wait. However, if he (the landowner) sustains a loss, he has the right to make the farmer remove the crop.

Issue No.1891- If farming becomes impossible on the land on account of some occurrence, for example, if subterranean canals are destroyed and water supply is cut off from the land, in case a part of the crop has been obtained, though it might be fodder which animals eat, it belongs to both of them according to the contract, and Sharecropping is void in respect to the rest.

Issue No.1892- If the farmer does not cultivate the land while the land remains in his possession, he should pay the rent for that period to the owner at the usual rate, and if a defect has appeared in the land, he is also responsible for it.

Issue No.1894- If the owner of the land or the farmer dies after concluding the contract of Sharecropping, the contract will not be terminated and their heirs take their place. However, if the farmer dies and if they had agreed that the farmer himself would do the farming, the contract of Sharecropping will become cancelled, and in case the crop has appeared, his share should be given to his heirs, but the heirs cannot compel the landowner to allow the crop to stand on his land unless they would suffer loss as a consequence of removing it.

Issue No.1895- If it transpires, after cultivation and before the harvest, that the contract of Sharecropping had been void and if the seeds belonged to the landowner, the produce would belong to him, and he should pay the wages of the farmer at the usual rate. In case however, the seeds belonged to the farmer, the produce would belong to him, and he should pay the landowner the rent of the land as usual. If the landowner does not agree that the crop remain on his land until the end of the period, the farmer should collect the crop provided that this would not cause harm and loss to him, and that the remaining on the land and paying the rent should not cause harm and loss to the landowner.

Issue No.1896- In case, after the expiry of the contract, the remaining roots grow again in the following year and yield crop, and if the landowner and the farmer have not dispensed with it, the crop of the second year should be divided between them according to the first year.

Issue No.1897- If a person hands over his fruit trees to someone for a specified period of time, so that he cares, tends and waters them, and in return, that person may receive a quantity of fruits, this transaction is called musāqāt.

Issue No.1898- Musāqāt is also valid in respect of trees like rose trees, which are used for extracting rose water, etc. from their flowers, or Henna or cedar trees whose leaves are used, or some other trees whose sap and gum are used. However, a musāqāt transaction in respect of trees, which have none of these uses, is not in order.

Issue No.1899- To conclude the transaction of musāqāt, the prescribed formula can be recited, and it will also be valid without reciting the formula. For example, if the owner of the trees transfers them with the intention of musāqāt and the person who has agreed to take care of them receives them with the same intention, the transaction will be in order. (Of course, the necessary talks about the duration and the conditions, etc. should have taken place earlier).