Musaqah is – As we understand that Islam has regulated every behavior of its followers, including in terms of agricultural activities. One of them is musaqah. Musaqah is a collaboration that occurs in the Islamic Religion in caring for plants.
Quoted from a book entitled The Law of the Islamic Economic System by Dr. Mardani, a resident of Madina, calls this musaqah a muamalah. Musaqah itself comes from the word saqa which means to water. As explained in the letter Ar-Raad verse 4 which reads as follows:
It means:
“And in this earth there were parts adjoining, and vineyards, crops, and date palms, branched and not branched, were watered with the same water. We favor some of those plants over others in terms of taste. Indeed, in that there are signs (of Allah’s greatness) for people who think.”
To make it clearer, below we will discuss more about the meaning of musaqah, terms, pillars, and others.
Definition of Musaqah
According to the book entitled Fiqh Muamalat by Prof. Dr. H. Abd. Rahman Ghazaly, MA (2016: 109), etymologically, the meaning of musaqah is a transaction in irrigation by residents of Medina called al-Muamalah. Meanwhile, in terms of terminology, musaqah is a form of cooperation between the owner of the garden and the sharecroppers with the aim that the garden is maintained and cared for properly, so that later it will give maximum results.
However, cooperation in the form of musaqah is different from gardeners, musaqah itself is cooperation to take care of certain trees and later the reward that will be obtained is part of the tree. As explained in the hadith narrated from Ibn Umar RA, the following reads:
“That Rasulullah Shallallahu ‘alaihi wa sallam ordered the people of Khaibar to cultivate the land in Khaibar in return for half of the crops or fruits that the land cultivated.” (Muttafaq ‘alaih).
Musaqah can also be interpreted as a simpler form than muzara’ah. Where cultivators will only be responsible for watering and maintaining the plants. In return, cultivators are entitled to obtain 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.
The fiqh scholars themselves, like Abdurrahman Al-Jazari, quoted from Abd’s book Fiqh Muamalat . Rahman Ghazaly explained that a musaqah is like a contract for maintenance of date palms, plants, and others with certain conditions.
Meanwhile, the Syafi’iyah scholars revealed that musaqah is employing sharecroppers to cultivate grapevines or dates only by watering and tending them. Then, the results of the dates or grapes are shared between the owner and the sharecroppers.
This cooperation in the form of a musaqah is different from hiring a gardener who is in charge of caring for the plants. This is because the results received are not in the form of wages with a predetermined size. Most of the scholars are of the opinion that musaqah itself is permissible or easy.
Musaqah Pillars
Most of the scholars consisting of Syafi’iyah, Malikiyah, and Hambaliyah scholars gave their opinion that the pillars of the musaqah consist of five matters, including:
- Two people/parties make a transaction.
- Land that is used as a musaqah object.
- The type of business to be carried out by sharecroppers.
- Provisions regarding profit sharing.
- Shighat (expression) consent granted.
Meanwhile, the opinion of the Hanafiyah scholars is that the pillars of this musaqah are the consent of the owner of the land and garden, then the acceptance of the cultivator, and also the work of the cultivator.
However, when described, in essence musaqah activities must fulfill the five pillars mentioned above. Until here, let us not be confused in understanding it. For more details, here is the full explanation.
1. The Pillars of Two People with Mutual Agreement
Fuqaha Hanafiyah, Hanabilah, and Malikiyah stipulate that the party conducting the transaction must be aqil or have common sense. Baligh is not part of the requirements, so young children are also allowed to enter into this musaqah contract. For this, you can see it in Badâi’us Shanâi’, chapter VI, page 185 and Kasyâf al-Qinâ’, chapter III, page 532.
Meanwhile, among the Shafi’iyah, there is a requirement that the party who enters into the contract must consist of ahlul tasharruf, so that later akad which is carried out by aqil but has not yet reached the age of puberty is considered invalid. If you force the occurrence of this musaqah contract, then the young child’s contract falls on the guardian who has the mandate to take care of him as a form of maintaining benefit.
2. Shighat or Akad Pronunciation
In the contract shighat, it is required to include clarity on the purpose of the musaqah contract. Whether it’s in the form of pronunciation or meaning. Scholars themselves have different opinions regarding the limits of the shighat lafadh musaqah, so that they are considered to represent a contract, both in terms of meaning and in terms of the pronunciation. However, they all agree that in terms of terms, shighat must be understood by both parties who enter into a musaqah contract with each other.
3. Objects of the Contract Related to the Cultivated Field or Types of Trees
The fuqaha’ agreed on the plant objects that can be done in a musaqa contract, namely on dates and also yellow grapes or Kediri grapes. However, opinions differ on the type of ‘inab’ grapes or red and black grapes. 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 several special conditions related to the category of trees that may be used as a musaqah contract.
4. Fruit or At-Tsimar
The fuqaha often term this fourth pillar as a result of production or harvest only. In this case, there are several special conditions governing production results, including:
- The garden owner as well as the manager both have the right to the harvest. It is not permissible for one of the parties involved in this cooperation to feel the most entitled to the harvest or that there are third parties involved in it.
- The share of each party must be known together and must be of an understandable degree or calculation, for example, both parties agree to get half of the crop or one-fifth of the crop, and so on.
- The togetherness that is built between the two parties must be of the nature of togetherness which is ‘syuyu’ in nature or both work together or bear the results of a prior determination or a certain percentage that has been calculated first. For example, every time they harvest, the manager will immediately receive a share of two million. Then on the second download, the manager will also receive another two million, and so on. This kind of contract is included in the type of broken ijarah contract.
5. Field of work or work
There are also three conditions that you must meet 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 should be no other conditions that bind the manager, other than maintaining and also caring for the garden and trees that have been handed over to him.
- The manager maintains and also manages the garden alone. There should be no other managers who participate in managing the garden.
Musaqah requirements
There are several conditions that you must meet in carrying out this musaqah, including:
1. Both parties involved in the transaction must be reasonable and reasonable.
2. The musaqah object must consist of trees that have fruit. There are differences of opinion in determining the object of this musaqah, the following is the explanation:
- According to the Malikiyah clerics, the objects of the musaqah are perennial crops as well as secondary crops, such as dates, apples, eggplants, and grapes, which are done before the fruit is fit for harvest. In addition, the time limit must also be clear, the contract must be made after the plants have grown, and the owner is unable or unable to process and maintain the plants.
- Syafi’iyah scholars revealed that the objects of the musaqah were only dates and grapes.
3. The land to be cultivated must be fully handed over to the sharecroppers after the contract is made to then be worked on without any interference from the land owner.
4. The produce or fruit produced from the garden is a shared right, whether it will be divided into two, three, and so on.
5. The duration of the agreement must be clear, because the transaction is the same as a leasing transaction so that uncertainty cannot be avoided.
Then when will this musaqah cooperation agreement end? So this musaqah will end if,
- The previously agreed deadline has expired.
- One of the parties died.
- There is an excuse that prevents one of the parties from continuing the contract, such as for example a sharecropper known as someone who likes to steal and the sharecropper is sick, making it impossible for him to work.
Musaqah Wisdom
The wisdom of having a musaqah contract is the realization of benefit and sharing of means to meet the needs of the two people who make the contract. Most people have gardens and have planted trees. However, due to busyness or the large area of the plantation, they are unable to care for and manage it themselves. Therefore, the garden owners will enter into a musaqah contract.
They will invite the farmers to serve as other parties in charge of managing and caring for the plants, but the cultivators do not have their own land. Then the harvest is shared between the two people who carry out the contract. How big is the share of each party, depending on the agreement that has been made between the two.
That is the beauty of Islamic law. Apart from providing a way to help each other, the Shari’a also safeguards the rights of each party so that the wheel of life continues to turn. Helping doesn’t have to be in the form of a tabarru’ contract or voluntarily, sometimes helping can also be in the form of giving jobs to cultivators who are economically weak so they can maintain their honor. As the word of Allah SWT which reads:
Therefore, so that the element of mutual help which aims to maintain this benefit can continue to be carried out, the Shari’a provides guidance on terms and also the pillars of mutual help in the form of entering into a cooperation agreement or musaqah. The conditions and also the pillars are established with the aim that the Shari’a can still be achieved and neither party involved in the agreement feels wronged.
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Related Books
The following are some book recommendations that discuss Fiqh Muamalah along with their synopsis
Fiqh Muamalah Discusses Islamic Economics
This book discusses fundamental themes in Fiqh Muamalah. His studies include material (muamalah Madiyah) and decency (muamalah Adabiyah), such as the position of property, property rights, buying and selling, bank interest and usury, musyarakah, ijarah, mudayanah, cooperatives, insurance, business ethics, and others.
This book, in the midst of the emergence of new legal cases, is very helpful for students, researchers, academics, practitioners, as well as policy makers of Islamic law in understanding the legal foundations of muamalah in Islam. The strength of this book lies in its more basic approach, especially the various themes discussed.
Sharia Economic Law and Muamalah Fiqh Economics
Book description:
The material in this book consists of three major sections, namely theoretical material, application material, and material related to sharia economic dispute resolution. In the theoretical part of this book, it describes theoretical studies related to Sharia Economic Law and Muamalah Fiqh; Subject, Ownership and Assets; Contract Law in Sharia; Exchange Transactions (Buying and Selling); Mixing Contract (Syirkah, mudharabah, muzara’ah, musaqah Business Cooperation Transactions); Lease and Wages Transactions; and Trust Granting Transactions ( hawalah , rahn , wakalah , wadi’ah , ju’alah , and sharf ).
The second part of this book describes the application of Sharia Economic Law and Muamalah Fiqh to Financial and Business Institutions including applications in Banking, Money Markets, Monetary Instruments, Securities, Capital Markets, Insurance, Pension Funds, Health Social Security, Pawnshops, Financial Institutions Micro, Cooperatives and Baitul Mal Wat Tamwil, Financing Institutions, Venture Capital, Multi Level Marketing, Commodity Exchanges, Brokerage Business, Multi-benefit Voucher Transactions, Hospital Operations, and Tourism Organizations. In the last part of the book, it closes with an explanation regarding the resolution of sharia economic disputes in Indonesia
Contemporary Muamalah Fiqh
Book description:
This Contemporary Mu’amalah Fiqh book discusses various contract and transaction theories in contemporary mu’amalah. The studies in this book are sourced from various fiqh books, both classical and contemporary. In addition, the study in this book is complemented by the perspective of the legal regulations in force in Indonesia, particularly the Compilation of Sharia Economic Law (KHES). Moreover, this theoretical study is accompanied by a discussion of contract practices or implementation that occurs in Islamic Financial Institutions today.
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