Kurdish jurists invoked custom in the contracts of Al-Musaka and sharecropping and their economic effects

Abstract

This research is extracted from the doctoral thesis tagged with (Kurdish jurists’ protest against custom in financial transactions, a jurisprudential study), so the Islamic religion came to preserve people’s interests, and keep them away from evil. And the habit.

Irrigation and sharecropping are among the financial contracts, which the jurists invoked custom in many of their jurisprudential issues, especially the Kurdish jurists, so working with sharecropping and watering became customary and usually established in our Kurdish society, which follows the Imam Shafi’i school, the doctrine that does not permit sharecropping, and narrows the circle of work with watering However, our Kurdish jurists, even if they are on the Shafi’i school of thought, have permitted sharecropping and work with watering in a wider range, in accordance with the existing custom, and in order to facilitate the people in their daily dealings. This sector will play an important role in the development of the country and the prosperity of its economy, if modern means and the right ways to invest in it are prepared.