This is a limited partnership similar to sharecropping with...
This is a limited partnership similar to sharecropping with the difference that in musaqat , one partner owns the land with fruit-bearing trees (i.e., orchard), and the other partner works on watering, fertilizing, etc. The working partner pays an agreed upon share from the produce to the landowner and keeps the rest. The rules mentioned under muzara'a are also applicable here.
Importance of Written Contracts Many times people in our communities rely on verbal agreements when close friends or relatives are involved in business. Islam has very strongly emphasized the issue of having written agreements and contracts even if you are doing business with your own brother. The Qur'an which does not give us the details of how to pray has told us in detail about the importance of written contracts. It says: “O you who believe!
When you deal with others in contracting a loan for a fixed time; then (1) write it down; (2) or let a scribe write it down between you with justice; (3) the scribe should not refuse to write as Allah has taught him, so he should write; (4) and the debtor should dictate and he should fear Allah, his Lord, and should not diminish anything from it; (5) the debtor is unsound in understanding or weak, or if he is unable to dictate himself, then his guardian should dictate with justice; (6) call in to witness from among your men two witnesses; (7) but if two men are not available, then call one man and two women from among those whom you approve as witnesses-so that if any of the two errs, one of the two may remind the other; (8) the witnesses should not refuse when they are summoned to give evidence.
(9) Do not disdain from writing the agreement [of loan whether it is] small or large [amount], with fixed time [of payment]-this is more equitable with Allah and assures greater accuracy in testimony, and the nearest way that you may not entertain doubt [afterwards]. (10) [This law of writing is important in case of loan.
But] if it is a ready merchandise which you give and take among yourselves from hand to hand, then there is no sin on you in not writing it down, [although it is better to do so, therefore] have witnesses when you trade with one another. (11) Let no harm be done to the scribe or the witnesses; and if you do [harm them], then surely it will be a transgression in you. Fear Allah; and Allah teaches you and He knows all things.