Preemption (Ahadith 1910 – 1912)

Bismillah.

Volume 3, Book 34, Number 415 :
Narrated by Jabir (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) gave pre-emption (to the partner) in every joint property, but if the boundaries of the property were demarcated or the ways and streets were fixed, then there was no pre-emption.

Volume 3, Book 34, Number 416 :
Narrated by Jabir bin Abdullah (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) decided the validity of pre-emption in every joint undivided property, but if the boundaries were well marked or the ways and streets were fixed, then there was no pre-emption.

Volume 3, Book 34, Number 417 :
Narrated by Mussaddad from ‘Abdul Wahid
The same as above but said, “… in every joint undivided thing…” Narrated Hisham from Ma’mar the same as above but said, ” … in every property… “

The word Shuf’ah (preemption) is derived from Shaf’ meaning “to join” [because the property is joined to the shafi’ [pre-emptor]. In the terminology of the Fuqahaa it is the right to take possession of a house and land to prevent the harm of a neighbour e.g. if a man sells his house or land and tells his neighbour or partner about this sale the partner/neighbour has a right to object to the sale. He can take that was sold at the price at which it was sold. The one who has this right, is called a shafi’ [pre- emptor].

‘Shuf’ah’ (pre-emption) is the right someone has on his property or land, etc. According to Shari’ah three types of people have a right of pre-emption: i) a partner in the property who has a share in it, but the other partner sells the property without his consent. So he has the right to appeal against this in the Shari ‘ah Court on the basis of Shuf’ah. ii) Someone who is affected by the selling of a property (though not directly involved in that property) i.e. A neighbour who shares a path or a well, etc. That neighbour has a right of Shuf’ah and can issue a writ. There are no different opinions about i) and ii) above. Finally, iii) The neighbour – if he has separate boundaries for his land/home and no joint rights with the other, the neighbour should still be given priority when you come to selling your property. If the owner doesn’t inform him, he is not allowed to issue a writ for right of pre-emption.
The period or limit of pre-emption is for it to be made immediately after knowing of the dealing. If it is not possible to contact an Islamic Court then at least announce it to responsible members of the community. Otherwise, if delayed considerably, then it is not acceptable.

It is quite clear that the right of shuf’ah has been devised in Islam to adjust and to stabilize partnerships and to eliminate losses and other mischief resulting from partnership of properties, for in many cases, the possession of the property by the new partner inflicts losses on the partner having the right of shuf’ah or serves as the source of a series of conflicts and disagreements due to differences of opinion or it may be that freedom of ownership may have benefits for the one who has the right of shuf’ah without causing any loss for the partner who wants to sell his share. The right of shuf’ah holds good for lands, houses, gardens, and other immovable properties, but it does not apply to movable properties.

Advertisements

About Yumna

Bukhari Blogger | Student and teacher of the Qur'an | Studying BAIS from IOU.

Posted on March 28, 2014, in iLook and tagged , , , , , , , , , , , . Bookmark the permalink. 2 Comments.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

genuine treats

homemade goodies for any occasion.

Beauty Frenzy

skincare and makeup blog

Raising Muslims

What job can be more rewarding than raising a child upon the kalimah of "La ilaha illa Allah"?

Always Learning Resources

Sharing for the sake of Allah (swt)

Islamic Lapbooking

Your one stop for Islamic lapbooking resources

My Beginning

Islamic homeschooler

Days of Our Lives 2

...a continuation of Days of Our Lives, a Muslim family's homeschooling journal.

Days of Our Lives

Through Thick and Thin...

Talibiddeen Jr. Companion Blog

Companion Blog to Talibiddeen Jr. - Tips and Tidbits for homeschooling, home, and Islamic life!

Umm Abdul Basir's

Sharing Our Homeschool Adventure!

Muslim Learning Garden

Planting Seeds of Jaariyah

Happy Land

For Islamic Teachings

thegentlemuslimman

Becoming A Muslim Gentleman.

The Humble "I"

Knowing, Doing, Becoming

Iqbalencia

Sharing words with the globe

The Ottawa Cafe Hopper

Your guide to Ottawa's cafe universe.

shaziarif.wordpress.com/

CHECK OUT WWW.SHAZIAARIF.COM

Dumpling Sisters

Chinese-Kiwi sisters bonding through food

%d bloggers like this: