Compared to land leasing, I believe this form of agricultural partnership based on profit-sharing—known as muzara’ah—is superior and more highly recommended. Many hadiths support this view. Furthermore, within Islamic economics, "profit-sharing" is a very common financing product; indeed, laypeople often characterize Islamic economics simply as a "Profit-Sharing Economy."
Cultivating
land through partnership is a practice permitted by Islamic teachings and is
widely found in society today. God willing, this model benefits both parties,
ensuring mutual gain. In the socio-economic realm of agriculture, the concept
of "tenancy relations" is widely recognized; it encompasses various
forms of temporary arrangements arising when land is managed by someone other
than the owner. Tenancy relations are categorized into two types: leasing and
profit-sharing. Indeed, the meaning of "tenancy relation" appears to
align precisely with that of "muzara’ah," covering all forms of
cooperation in cultivating another person's land—including both leasing and
profit-sharing.
Additionally,
land pawning (gadai) does not actually fall under the concept of muzara’ah, as
pawning involves the land merely serving as collateral. However, based on my
observations as a researcher, the practice in our society has evolved such that
land pawning often becomes a means to acquire land for cultivation. This
effectively creates a tenancy relation, even though it does not strictly fit
the definition of "muzara’ah."
Definition
and variations of muzara’ah (profit-sharing)
Although
muzara’ah could technically encompass both leasing and profit-sharing, many hadiths—perhaps
due to translation nuances—have led to a narrower interpretation: muzara’ah is
specifically associated with "profit-sharing," whereas land leasing
is referred to by the terms ijarah or kira’. Therefore, in this context, "muzara’ah"
is defined as a land cultivation partnership in which an owner entrusts their
land to another person for planting, with the resulting harvest subsequently
shared between them. Linguistically, muzara’ah refers to a transaction
involving land based on the sharing of its produce.
Based on
research across various sources, I have identified several variations of
profit-sharing models, as follows:
First,
the musaqat model. In this arrangement, a worker is entrusted with tending a
plot of land that already has established crops—such as date palms—and receives
payment in the form of a share of the harvest. This means that when the worker
arrives, the plants are already mature, whether or not they have yet borne
fruit. This practice is common in plantation agriculture. It appears to be the
method the Prophet applied with the farmers of Khaybar.
Musaqat
is defined as an arrangement where a person entrusts trees to another
individual to irrigate and maintain them in exchange for a specific share of
the fruit. This differs from daily-wage labor. A rough equivalent found in
Indonesia is the bawon system for rice farming; here, the worker is responsible
for planting and harvesting, while the owner handles maintenance tasks like
irrigation and spraying. The bawon farmer receives payment at harvest time,
typically a one-sixth or one-seventh share of the gross harvest.
Musaqat
(an agricultural partnership contract) is permissible based on the cooperative
arrangements established by the Messenger and the Rightly Guided Caliphs after
his passing. Imam Bukhari narrates from Abdullah bin Umar that the Messenger of
Allah (PBUH) instructed the people of Khaibar to cultivate the land of Khaibar
in exchange for a share—specifically half—of the crops or fruit produced by the
land. Similar contracts were also entered into by Abu Bakar (RA), Umar bin
Khattab (RA), Uthman bin Affan (RA), and Ali bin Abu Talib (RA).
Two, the
seeds are provided by the owner. Several hadiths state that the owner must
provide the seeds. The rationale behind this obligation can be traced back to
the fundamental concept of land ownership: a farmer does not possess absolute
ownership of the land itself but merely holds the right to utilize it. By
providing the seeds, the owner maintains a tangible "link" to the
obligation of land utilization; if the owner were to provide nothing, it might
create the impression of full, absolute ownership.
Imam
Bukhari recounts in his Sahih collection that Umar bin Khattab (RA) practiced
this method, providing the seeds himself as the owner and receiving more than
half of the yield. Conversely, if the farmers provided the seeds, they would
receive more than half the yield.
What is
the correct profit-sharing model? I have not yet found a definitive reference
on this specific point. However, in the profit-sharing practices of the
Messenger and the Caliphs, the share allocated to the cultivating farmer was
never less than half—as seen in the arrangement with the Jewish farmers of
Khaibar. It is considered inappropriate for the landowner's share to exceed
that of the cultivator.
Three,
the seeds are provided by the cultivating farmer. Regarding the arrangement
with the Khaibar farmers—which continued until the Messenger’s passing—one hadith
mentions that the farmers bore the costs and provided the seeds, rather than
the Prophet doing so. This implies that the seeds may be provided by the
farmer, the owner, or both parties jointly.
This is
the practice commonly observed in Indonesia, where the owner typically receives
one-third of the gross yield. A cultivator who provides the seeds, fertilizer,
and land preparation—thereby incurring those costs—receives a two-thirds share;
a practice that does not appear to have existed during the time of the Prophet.
Interestingly, upon closer examination, the landowner's share remains roughly
the same even when they provide the seeds and fertilizer under a
"fifty-fifty" split arrangement.
It turns out the farming community
has calculated the economics so precisely that, despite the differing methods,
the resulting obligations and entitlements end up being similar. Variations in
sharing arrangements are driven by factors such as soil fertility and,
crucially, the ratio of available land to the number of farmers. As the number
of landless farmers rises, the share allocated to the tenant farmer is squeezed
to the absolute minimum; yet, like it or not, the tenant accepts the terms
rather than having no land to cultivate at all—this persists despite the
existence of Indonesia's Law No. 2 of 1960 concerning Agricultural
Sharecropping Agreements.
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