What is Muzara’ah (مُزارَعَة) in Islam?

The term Muzara’ah (مُزارَعَة) is derived from the Arabic root word “Zara”, which means “to sow the seed.” In Islam, Muzara’ah refers to a contractual arrangement wherein the owner of agricultural land grants the land to another party for cultivation in exchange for a share of the crops at a predetermined rate. The Muzara’ah Contract (مُزارَعَة) is defined as “a contract made for the cultivation of land on the basis of crop-sharing at a certain rate.”

According to Imam Shafi’i, the Muzara’ah contract is defined as, “When a person gives his land to another man on the condition that he will cultivate it and share in what Allah Almighty produces in it, this transaction is called Muhaqla, Mukhabara, or Muzara’ah.”

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Important Terms Related to Muzara’ah

1. Mukhabrat

Mukhabrat is often used interchangeably with Muzara’ah, but distinguished by some Islamic scholars based on who provides the seed. If the landowner supplies the seed, it is termed Muzara’ah; if the tenant buys it, it is called Mukhabrat.

2. Masakar

Mushakar is another related term to Muzara’ah, but it specifically refers to Muzara’ah agreements involving gardens, similar to the conditions in Muzara’ah.

Justification and Background of Muzara’ah in Islam

1. Rational Justifications

  • Muzara’ah provides benefits to the old, ill, and minor proprietors who may not cultivate the land themselves.
  • The Islamic law of inheritance often results in fragmented land ownership, making Muzara’ah a practical means of deriving benefits.
  • Shariah or Islamic law permits the buying and selling of lawful goods, including land, suggesting that Muzara’ah should also be permissible.
  • There are no limits on ownership through lawful means, indicating that agricultural land should similarly be exempt from restrictions.
  • The allowance of partnerships (Sharakah) and investment (Modarbat) in trade further supports the legality of Muzara’ah.

2. References from the History of Islam

Numerous ahadith support the practice of Muzara’ah in Islam. Prominent narrators include Rafaa bin Khadeej (RA), Jabir bin Abdullah (RA), Abu Huraira (RA), Zaid bin Thabit (RA), and others. They are mentioned below:

Prophet Muhammad (SAW) allocated half of the land at Khyber for government expenses and permitted the Jews to cultivate the other half under a crop-sharing agreement, where both parties would receive half of the yield. This arrangement continued until the early part of Hazrat Umar’s Caliphate, after which the Jews were evicted due to mischief.

Bukhari, Muslim, Ahmad, Tirmidhi, Abu Dawud, Nasai, Ibn Maja

Upon arriving in Medina, the Ansar requested that the Muhajirin work in their gardens in exchange for a share of the produce, which was accepted.

Bukhari

“Every Muhajir family in Medina cultivated land for a share of the produce, indicating widespread practice”. The tradition also notes notable figures like Hazrat Ali (RA) and Umar bin Abdul Aziz who engaged in such transactions.

Reported by Hazrat Qais Ibn Muslim (RA)

muzara'ah

Arguments Against Muzara’ah

Muzara’ah is related to the Salam Contract (a well-known Islamic financial instrument used in Islamic banking and finance. There exists a divergence of opinion among Islamic jurists regarding the legality of Muzara’ah. Some hold it lawful, while others deem it illegal. Below are the arguments, that are against the legality of Muzara’ah:

1. Tradition from Hazrat Rafaa bin Khadeej (RA)

Rafaa stated that during the time of the Apostle of Allah (صَلَّى اللّٰهُ عَلَيْهِ وَسَلَّمَ), they were instructed not to engage in Muzara’ah but to cultivate land themselves or allow others to do so without rent. [Reference: Muslim]

2. Rafaa’s Crop Transaction

When asked about his crop arrangement, the Prophet (SAW) deemed it usurious, directing Rafaa to return the land to its owners. [Reference: Abu Dawud]

3. Surplus Land

The Prophet Mohammad (SAW) encouraged landowners to cultivate their surplus land themselves or donate it rather than renting it out. [Various traditions]

Analysis of the Opinions on Muzara’ah

A detailed analysis indicates that the Prophet Mohammad (صَلَّى اللّٰهُ عَلَيْهِ وَسَلَّمَ) did not outright ban Muzara’ah but aimed to restrict certain forms of it. Transactions involving Muzara’ah were prevalent during the Prophet’s (SAW) time, with evidence of various families engaging in it. Hazrat Abdullah bin Umar (RA) recognized the leasing of land during the Prophet’s (SAW) time but later ceased due to caution regarding potential prohibitions he might not have been aware of.

Detailed information and the analysis of Muzara’ah are discussed in the AIMS’ Islamic finance certification and diploma of Islamic banking and finance programs. These programs are offered 100% online through an interactive learning system, and they lead to accredited Islamic banking and finance Masters and PhD Islamic Banking and Finance degree programs.

مُزارَعَة

Prohibited Forms of Muzara’ah

Certain forms of Muzara’ah are specifically forbidden due to their potential to create disputes or injustices. These types of Muzara’ah are given below:

  • Unequal Yield Distribution: The Murzara’ah contract is where the landowner claims the more fertile portions of the land.
  • Disputed Irrigation Conditions: Arrangements where ownership of irrigation rights is contested.
  • Fixed Payments Regardless of Yield: In this arrangement, the tenants are obligated to pay a set amount regardless of crop success.
  • Excessive Rents: Situation in the Muzara’ah contract, where tenants are charged beyond reasonable rates, leading to exploitation.

Opinion of Jurists on Various Forms of Tenancy (Muzara’ah)

Different jurists have varying views on the legitimacy of specific forms of Muzara’ah:

  • Owner Provides Land Only: Condition where the tenant supplies seed and labor and produces split at a fixed rate. Abu Hanifa (RA) considers this unlawful (حَرَام), while other Islamic scholars accept it.
  • Owner Provides Seed: Condition where tenant supplies labor. Muzaraah’s legality is contested among different schools of thought. Imam Abu Hanifa (RA) and Imam Shafii (RA) find this unlawful; while others accept it.
  • Joint Cost Sharing: Both parties contribute to seed and labor, and produce is divided. Views on its legality vary among Islamic jurists.
  • All-Inclusive Contributions: The owner provides all resources; labor is provided by the tenant. Contested views exist on the legality of this type of Muzara’ah.

Opinions of Islamic Scholars on the Use of Land

  • Encouragement for Self-Cultivation: Islamic jurists largely agree that landowners should ideally cultivate their own land.
  • Free Distribution: Landowners are encouraged to allow fellow Muslims to use their land without charge.
  • Loss of Title: In Muzara’ah, if a landowner fails to cultivate barren land, their title may be forfeited.
  • Permissible Charges: Landowners can charge fees in specific situations, such as for improvements made or shared expenses.

Final Words

The discourse surrounding Muzara’ah reflects diverse interpretations and applications within Islamic jurisprudence. While many traditions and rational arguments support its legality, caution against exploitative practices remains a central theme. Understanding the nuanced opinions of various Islamic scholars about Muzara’ah aids in navigating the complexities of this agricultural agreement within Islamic law.

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