واقع الشركات الزراعية في بلاد المغرب الإسلامي على ضوء المصنفات الفقهية خلال الفترة مابين القرن: 07-09هجري 13-15ميلادي

الملخص EN

This study deals with the various contracts that were linked between the landowners and the peasants who were working in the countries of the Maghreb during the post-Almohad period, which was called by some historians and jurists in that period the agricultural companies.

The importance of this study lies in identifying the nature of the exploitation of agricultural lands during this period which was marked by the great numbers of wars and political strife, especially in light of the sharing of power on the land of Morocco between three countries which sought to inherit the rule of the Almohads.

This made the leaders of the army and statesmen care about war and politics and empowered the lands to workers who served them in different forms of contracts that appeared and reflected on the economy and society.

We deduce the nature of the relationship between the civil authority and the rural workforce.

Despite the interest of some historians who are interested in the history of Morocco and its various periods, we believe that it needs to shed light on many aspects of its ambiguities, especially in this period.

In this research paper we tried to show the relationship of the political status with these agricultural companies and types of these contracts, their pillars, contents, fields, and outcomes, the extent of the commitment of the contracting parties to their content, and how the jurists dealt with the breaches of these contracts as one of the legal issues that preoccupied them and the large number of inquiries and complaints about them.

Especially during this period in which we have explained the specifity of its political situation, which is evident in the advisory opinions(Fatawa and the nawazil) that dealt with this topic, and which we focused on three of them in the Book el- mi'yar of al-wansharisi and the doraa macnoona of the Mazoni and jamea massael el ahkam by Al-Borzoli for their connection with the place and time of the research.