MUSLIMCREED Musaqah etymologically is a transaction in irrigation by the people of Medina called al-Muamalah. Meanwhile, in terms of terminology, musaqah is a form of cooperation between garden owners and sharecroppers with the aim that the garden is maintained and also cared for properly, so that later it will provide maximum results.
However, cooperation in the form of musaqah is different from gardeners, musaqah itself is cooperation to take care of a certain tree and later the reward that will be obtained is part of the tree.
Musaqah can also be interpreted as a simpler form than muzara’ah. Where the cultivators will only be responsible for watering and also maintaining the plants. In return, the cultivator is entitled to a certain ratio of the harvest.
In general, this musaqah is a form of cooperation between the land owner and the cultivator, where the cultivator has the task of taking care of the plants only. The two parties continue to share the results in accordance with the agreement in the contract.
Pillars of Musaqah
1. Pillars of Two People with each other
The Hanafiyah, Hanabilah, and Malikiyah fuqaha stipulate that the party conducting the transaction must be aqil or reasonable. Baligh is not part of the conditions, so small children are also allowed to do this musaqah contract.
Meanwhile, among the Syafi’iyah, it stipulates a condition that the party making the contract is obliged to consist of ahlul tasharruf, so that later the contract made by the aqil but has not reached the age of puberty is considered invalid. If you force this musaqah contract, the child’s contract falls to the guardian who has the mandate to take care of him as a form of maintaining the benefit.
2. Shighat or Pronunciation of Akad
In the shighat of the contract, it is required to include clarity of the purpose of the musaqah contract. Whether it’s in the form of pronunciation or meaning. Scholars themselves have different opinions about the limits of shighat lafadh musaqah, so they are considered to represent the contract, both in terms of meaning and in terms of pronunciation. However, they all agreed that in its provisions, shighat must be understood by both parties who enter into a musaqah contract.
3. Contract Objects Related to Cultivating Fields or Tree Types
The fuqaha ‘agree on the object of plants that can be carried out in a musaqa contract, namely on dates and also yellow wine or Kediri wine. However, opinions differ on the type of ‘inab wine or red and black wine. This difference of opinion also occurs in the types of trees, namely between trees that bear fruit and trees that do not bear fruit, nutmeg, green dates, and the like. The risk of this difference will also give birth to differences in some special conditions related to the category of trees that can be used as musaqah contracts.
4. Fruit or At-Tsimar
The fuqaha often term this fourth pillar as the result of production or harvest only. In this case, there are some special conditions that regulate the results of production, including:
– The owner of the garden and the manager both have the right to the harvest. Neither of the parties involved in this cooperation should feel the most entitled to the harvest or that there are third parties involved in it.
– The share of each party must be known jointly and the amount or calculation must be known, for example, both parties agree to get half of the harvest or one-fifth of the harvest, and so on.
– The togetherness that is built between the two parties must be togetherness that is syuyu’ or both work together or bear the results of a prior determination or a certain percentage that has been calculated beforehand. For example, every time they harvest, the manager will immediately get a share of two million. Then on the second download, the manager will also receive two million back, and so on. This kind of contract is included in the type of damaged ijarah contract.
5. Field of Work or Work
There are also three conditions that you must fulfill in relation to the management field, including:
– Management work will be carried out by an amil, without any conditions with the involvement of the garden owner.
– There must be no other conditions that bind the manager, other than maintaining and caring for the gardens and trees that have been handed over to him.
– The manager maintains and also manages the garden alone. No other manager may participate in managing the garden.