Günümüzde Fındık Bahçelerinde Gerçekleştirilen Yarıcılık Uygulamalarının Hanefi Mezhebindeki Müsâkāt Akdi Hükümleri Çerçevesinde Değerlendirilmesi
The Evaluation of Current Sharecropping Practices on Hazelnut Orchards within the Framework of the Musaqat Agreement in Hanafi School

Summary/Abstract: Agricultural production has an important role in the Turkish economy as in many countries. However, the hazelnuts, tea and fresh fruits have been produced through inefficient methods for a long time. With the development of technology and new techniques, farmers have started to produce more efficient agricultural production with low costs. The basis of these partnerships, known as sharecroppers among the farmers, is based on muzara’ah and musaqat partnerships in Islamic Law. However, today it is not known whether these partnerships are made in accordance with the conditions of muzara’ah and musaqat agreements. In this study, we investigate how musaqat partnerships are made over hazelnut production, and we also try to detect problems that appear during the partnership. In addition, we offer suggestions to eliminate the detected problems. When the literature on musaqat is examined, it is seen that this partnership agreement is not the subject of research separately, and that the issue is generally discussed in some fiqh issues that concern partnership agreements. During the literature review, it was seen that today there are no studies on how the partnership contract is fulfilled and what problems emerge in terms of Islamic law. The fact that this study directly focuses on the current practices of musaqat partnership and identifies the emerging fiqh problems will fill a gap in the literature.

• Details
• Contents