BACA BUKU FIQH : " MUSAQAH (KONGSI KEBUN) " | Kajian Fiqh Sulaiman Rasyid | Part 23

Summary

This script provides an in-depth explanation of *musāqah*, an Islamic agricultural partnership where a landowner (Musafa) shares their land with a worker to cultivate crops, with the harvest divided between the two according to an agreed ratio. It covers various aspects of this practice, such as the types of crops suitable for this agreement, the importance of clear contractual terms, and the ethical and religious justification for *musāqah*. This partnership allows both parties to benefit, especially when one lacks the resources or time to manage the land themselves. It emphasizes fairness, transparency, and mutual respect in agricultural agreements.

Takeaways

• 😀 Musafah Musaqoh is a system where the owner of a garden shares the harvest with a caretaker based on an agreed-upon arrangement.
• 😀 The term 'Musa' refers to the owner of the land, while 'Musaqoh' refers to the sharing of the garden's produce between the owner and the caretaker.
• 😀 In Musafah Musaqoh, the owner provides the land, and the caretaker is responsible for its maintenance, with the resulting harvest being split according to their agreement.
• 😀 This type of arrangement is commonly used for land that is not being fully utilized by the owner, allowing those without land but capable of working the land to earn a livelihood.
• 😀 The agreement should be made clear at the time of the contract, specifying the share of each party (e.g., 50/50 or other agreed terms).
• 😀 Musaqoh allows for the cultivation of crops like yams, sweet potatoes, cassava, and other vegetables, which are to be shared between the two parties.
• 😀 The term 'Musaqoh' is derived from the Arabic root for 'watering,' signifying the need for care and maintenance of the garden after it is handed over to the caretaker.
• 😀 Both the owner and caretaker should equally contribute to the management and expenses related to the garden's cultivation, ensuring fairness in the partnership.
• 😀 The agreement can also extend to seasonal crops (e.g., maize, rice, or other annual plants), with clear terms set for harvest and division of the proceeds.
• 😀 To avoid misunderstandings, it is crucial to formalize the terms of the Musafah Musaqoh agreement, potentially in writing, to ensure both parties uphold their responsibilities.

Q & A

What is the concept of 'Mussafah Musaqoh' as explained in the script?

Mussafah Musaqoh refers to an agreement where the owner of a garden (Musafa) gives the land to a gardener to maintain, with the produce from the land being shared equally or based on an agreed-upon percentage. The term comes from the act of watering the plants in the garden.

What does the term 'Musa' or 'Mustaka' refer to in the context of the script?

Musa or Mustaka refers to the owner of the garden who entrusts the land to a gardener (Musa) to cultivate and care for it, with an agreement to divide the produce from the land.

How is the division of produce between the owner and the gardener determined?

The division of produce is typically agreed upon during the initial contract (akad). It is often a 50/50 split, but it can vary depending on the agreement made between the two parties.

What type of plants can be grown under the Mussafah Musaqoh agreement?

Under this agreement, various types of crops can be grown, such as root vegetables (e.g., cassava, sweet potatoes), tubers, and annual crops like corn, carrots, and potatoes.

What is the significance of 'Musa' in the context of the land agreement?

The significance of 'Musa' is that the owner of the land entrusts the gardener (Musa) to manage and care for the crops, with the expectation that the produce will be shared according to their agreement.

What is meant by 'Musaqoh' and how is it related to the script?

'Musaqoh' refers to the act of irrigating or watering the crops in the garden. This is a key part of the gardener’s responsibilities under the Mussafah Musaqoh agreement, as they ensure the crops are maintained properly.

What is the role of the gardener in the Mussafah Musaqoh agreement?

The gardener’s role is to care for and maintain the garden, which includes tasks such as watering the plants, weeding, and ensuring the health of the crops. In return, they receive a portion of the produce as agreed with the landowner.

Why is it important to have a written agreement in the Mussafah Musaqoh arrangement?

A written agreement is important to avoid misunderstandings later. It ensures that both parties clearly understand the terms, such as the division of produce and each person’s responsibilities, making the arrangement legally binding and reliable.

What does the script suggest about the mutual benefits of the Mussafah Musaqoh system?

The system benefits both the landowner and the gardener. The landowner benefits from having their land cultivated and producing crops, while the gardener gains access to land to work on, enabling both parties to sustain themselves and improve their livelihoods.

How does the Mussafah Musaqoh agreement relate to Islamic teachings?

The Mussafah Musaqoh agreement is permissible in Islam as it allows for mutually beneficial partnerships. The system is designed to help those who own land but lack the means to cultivate it, as well as those who are willing to work but do not own land.