Are Farming Partnerships Permissible?

Answered by Shaykh Muhammad Carr

Question 

I own agricultural land and provide the seeds, while another family manages the farming operations, including hiring workers. We then split the crops. Is this arrangement permissible?

ِAnswer

Thank you for your question. May Allah bless your efforts.

According to the relied-upon view (mu‘tamad) in the Shafi‘i School, this type of arrangement is known as muzara‘a and is not permissible. The alternative would be to lease the land to the other family. [Ibn Hajar, Tuhfa]

However, scholars such as Ibn al-Mundhir, Ibn Surayj, Imam Nawawi, and others consider muzara‘a permissible. [Taqiyy al-Din, Kifayat al-Akhyar]

Proof of the Relied-Upon View

The evidential basis for the relied-upon view is the prohibition transmitted by Imam Muslim. From a rational perspective, as long as the arrangement can be structured as a lease agreement, alternatives that entail the worker generating his remuneration are considered impermissible.

Adopting the Alternate View 

If you choose to adopt the alternate view that permits Muzara‘a, the following conditions apply:

1. The contracting parties must be of sound mind, physically mature, and possess administrative capacity (jazz al-tasarruf), meaning they are not subject to any legal interdiction.
2. The contract must have a fixed term.
3. The worker must work independently.
4. It should not be contractually stipulated that the landowner work with the worker.
5. The yield must be divided in fractional terms, such as a half or third. If a specific portion of the crop yield is allocated to one of the parties, the contract becomes null and void.

Seeking Scholarly Consul  

Shaykh Faraz Rabbani mentions that, Imam Khadimi, one of the great Ottoman scholars mentioned, and he gives many examples in his commentary on a work called al-Tariqa al-Muhammadiyya (The Path of the Prophet Muhammad (Allah bless him and give him peace)) that it was the habit of righteous traders throughout Islamic history that if they went on a trade expedition, they would always have at least one scholar traveling with them.

One of the reasons was that this enabled them to consult concerning the lawful (Halal) and unlawful (Haram), the right and the wrong, their contracts, etc. But also to give them reminders when they are traveling. This is one of the great ways that Islam spread. [SeekersGuidance]

I pray this is of benefit and Allah guides us all.

[Shaykh] Muhammad Carr
Checked and Approved by Shaykh Muhammad Abu Bakr Badhib

Shaykh Muhammad Carr has dedicated his life to studying and transmitting our beautiful deen. His studies have taken him around the globe, where he has benefitted from many luminaries. Under the guidance of his teachers – Shaykh Taha Karan, Shaykh Yaseen Abbas, Shaykh Muadh Ali, and many others – Shaykh Muhammad has grown to appreciate the beauty and benefits of diverse scholarship. He completed his memorization of the Qur’an at Dar al-Ulum Zakariyyah in September 1997 and received an Alimiyya Degree in 2006 from DUAI (Darul Ulum al-Arabiyyah al-Islamiyyah). He is also affiliated with Masjid Auwal in Bo Kaap, Cape Town (the oldest mosque in South Africa), where he serves as a co-imam, and Dar Al-Safa, where he has taught since 2018. As a teacher, he imparts the wisdom of our heritage and tradition by opening the door for students. As an imam, he has the unique opportunity to serve his community in daily life.

In addition to his roles as a teacher and imam, Shaykh Muhammad Carr has contributed significantly to the administrative and advisory aspects of Islamic institutions. Since 2023, he has served as the Administrative Director at The Imam Kurani Institute, contributing to the institution’s growth and development. He continues to pursue traditional Islamic Sciences, possessing a keen interest in Islamic Contract Law and Finance. Shaykh Muhammad has been a Shari’ah Board Member for Islamic Asset Management & Insurance Companies since 2001, aligning financial practices with Islamic principles.