پنجشنبه: 1403/03/24

Rules regarding Musaqat

 

2246. If a person agrees with someone that for a specified time, the fruit-bearing trees owned by him, or those which are under his discretion, will be given to that person so that he nurtures, tends and waters them. In return, that person will have the right to take an agreed quantity of fruits. This transaction is called Musaqat.

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Thursday / 13 June / 2024

Rules regarding Muzari’ah

 

(Temporary Sharecropping Contract)

 

2236. Muzari’ah means that the owner of a land agrees to hand over his land to a farmer, so that he would cultivate it, and give a share of the crop to the landowner.

 

2237. Muzari’ah has certain conditions:

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Rules Regarding Ju’ala (Payment of Reward)

 

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Miscellaneous Rules Relating to Lease/Rent

 

2201. The property which the lessor gives on lease should be identified. Hence if it is one of the things whose transaction is made by weight (e.g. wheat), its weight should be specified. And if it is one of those things whose transaction is made by counting (e.g. eggs), the amount should be specified. And if it is like a horse or a sheep, the lessor should have a sight of it, or the lesser should inform him of its particulars.

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Conditions for the Utilization of the Property Given on Lease

 

2195. The utilization of the property given on lease carries four conditions:

1).That it should be Halal. Hence, leasing out a shop for the sale or storage of Alcoholic drinks, or providing transportation by leasing for it, is void.
2).That money should not be paid in lieu of such services that are regarded by the people as futile. Similarly, doing that act or giving that service free of

 

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Conditions Regarding the Property Given on Lease

 

2192. The property which is given on lease, should fulfil certain conditions:

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Rules regarding Lease/Rent

 

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Laws of Partnership

 

2150. If two persons make an agreement that they would trade as partners, and their goods are mixed with each other such that it is not possible to distinguish one from other, and they pronounce the formula in Arabic or any other language, or express their intention of becoming each other’s partner by conduct, their partnership will be valid.

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Miscellaneous Rules

 

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Circumstances in Which One can cancel a Transaction

 

2132. The right to cancel a transaction is called Khiyar. The seller and the buyer can cancel a transaction in the following twelve cases:

First: If the parties to the transaction have not parted from each other and this right is called Khiyar of Majlis.

Second: If the buyer or the seller has been cheated in a sale transaction, they have a right to call off the deal and this is called Khiyar of Ghabn.

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