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Fatwa CenterRenting land for cultivation
Question
I want to know whether it is permissible for the owner of the land to rent his agricultural land to another person for cultivation and in turn the owner gets a fixed amount of produce and money on annual basis as per the contract from that person.
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions. Leasing agricultural land against a fixed portion of its products is not permissible since the fixed portion may or may not be produced from that land. Thus this agreement leads to an unknown payment, which nullifies the contract. If there is no condition in the contract that the fixed portion of product must be given as a rent then the contract is correct. It is written in Kasshaf al-Qina': It is permissible to lease agricultural land against a fixed and similar kind of product that is harvested in the land but it is not permissible to take a fixed portion of the product that is obtained from that land. Therefore, the contract you are asking about is not correct. Instead of that the hiring person must pay the owner of the land a rent similar to what is paid in that area or region. Allah knows best.
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