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The Virtue of Justice (Hadith No. 2368)

Bismillah.

Hadith no. 2367 (below) is a repeat. Read it here.

Volume 3, Book 49, Number 869 :
Narrated by Abdullah bin Kab bin Malik from Kab bin Malik (radiallaahu `anhu)
Abdullah bin Abu Hadrad Al-Aslami owed Kab bin Malik (radiallaahu `anhu) some money. One day the latter met the former and demanded his right, and their voices grew very loud. The Prophet (sallallaahu `alayhi wasallam) passed by them and said, “O Ka’b,” beckoning with his hand as if intending to say, “Deduct half the debts.” So, Ka’b (radiallaahu `anhu) took half what the other owed him and remitted the other half.

Today’s Hadith:

Volume 3, Book 49, Number 870 :
Narrated by Abu Huraira (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “There is a Sadaqa to be given for every joint of the human body; and for every day on which the sun rises there is a reward of a Sadaqa (i.e. charitable gift) for the one who establishes justice among people.”

The daily sadaqah due on human body is like an act of gratitude. Something we do to show thankfulness to Allah for our health and physical wellness etc. One can do so by doing acts of worship like prayer, charity and fasting etc., because what is worship if not gratitude?

In a normal give-and-take deal, the matter would end with us completing our side of the bargain: You give me something, I pay back, the end. But when it comes to dealing with Allah, it’s not like this at all. He gives us blessings (of health, wealth, family etc.), we show gratefulness (and so little of it!) by praying, fasting, giving in charity etc. And it doesn’t end there, He rewards us for our worship and gratitude. But we don’t do anything for Him in return. You see, with Allah, we always have the lower hand. We’re always taking something, benefiting, while He keeps giving and giving without measure. You’ve got to be utterly stupid to complain!

Establishing justice among people is not for qualified judges only. Everyone can do it in their own capacity. If you’re a parent, treat your children fairly; teacher, no favoritism; leader, solve matters honestly, and so on. Any decision you take regarding your attitude towards people has an element of justice in it. If you do it right, you’re rewarded. Is Allah not generous?

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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.

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