Müzâraa contract in Islamic law and its comparison with product rental contract in modern law

Revenue leasing and sharecropping contracts are two important types of agreements in Islamic law based on revenue sharing, and they bear similarities. In a sharecropping contract, the landowner gives their land to a farmer for cultivation, the farmer carries out the production, and the harvested product is shared between the parties in predetermined proportions. This contract is particularly oriented towards agricultural production. Revenue leasing, on the other hand, is established by renting a property or business that generates income, and the tenant provides a share of the income generated from this property to the landlord. Revenue leasing has a broader application scope, as it also includes activities beyond agriculture. While both contracts are based on mutual agreement and revenue sharing, sharecropping focuses on agriculture, whereas revenue leasing can encompass various income-generating activities. This distinction determines the obligations of the parties and the application fields of the contracts. In this study, the definition, elements, conditions, types, and termination of sharecropping and revenue leasing contracts are examined. Additionally, it aims to compare the similarities and differences between these two types of contracts. In the conclusion section, it is emphasized that revenue leasing and sharecropping serve different purposes. It is stated that in revenue leasing, the landowner is passive and prefers to earn a regular income, while in sharecropping, the parties collaborate in agricultural production, sharing both the risks and the profits. From the perspective of Islamic law, both models are considered fair and balanced contracts, but the study concludes by stating that if a contract is applied in a way that unjustly harms one of the parties, it cannot be accepted. Keywords: Islamic Law, Modern Law, Partnership, Sharecropping, Product Lease