Mugharasah

Literally: Form III derivation of gharasa: to plant. Technically: to give access to uncultivated land to a farmer to plant for a specified period, with the land and trees to be shared between them. The Syrians call it munasabah and mushatarah. It can take three forms: 1) a lease; 2) ji’alah; 3) a combination of the two. Jurists agree overall as to the validity of mugharasah for trees on a lease basis. They differed over the validity of conducting it on a partnership basis. For further details see ISRA Compendium.


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