المغارسة في المغرب الأوسط من خلال نوازل المازوني (ت 883 ه-1478 م)‎ : الدرر المكنونة في نوازل مازونة

Abstract EN

The books of polemics are full of very important historical and jurisprudence material that record many aspects of individuals and groups.

they work to reveal many intellectual, social, economic and legislative issues, and reflect the image of the Islamic society in its peculiarities, problems and complexities.

the richness of its material can reveal what the historical records have failed to present to us in an applied scientific way, notably when it comes to what was going on in society in terms of disputes that represent people's lives in the best way.

furthermore, they form an eyewitness to those historical issues and shed light on social and economic history.

perhaps among the books of polemics specific to the central Maghreb is Kitab al-Durar al-Maknouna fi Nawazel Mazouna (preserved pearls in Mazouna polemics) by Yahya Ibn Abi-Imran Moussa Ibn Issa Ibn Yahya al-Maghili al-Mazouni.

this book belongs to the former category, in which we can find polemics in that time ; namely, murder, sales arbitrations, sharecropping (Muzara‘a), share planting (Mugharasa), and metayage (Musakat).

what concerns us is the Mugharsa system, as it provides us with abundant information about the process of planting in the central Maghreb, and the method of investing in lands in order to rehabilitate them with trees.

this process takes place with a set of contracts, whether it is a procuration contract, a royalty contract, or a lease contract, or part of them.