What is the objective of Pre-Emption in Islam?

[Officer_DMG]

What is the objective of Pre-Emption in Islam?

[maryamkhakwani]

The right of pre-emption or Shuffa, is a preferential right as it implies ‘to become the buyer of an immovable property.’ The principle of pre-emption was developed under the Muslim law, to prevent a stranger from becoming a co-owner of the property, which may cause inconvenience. The right of pre-emption arises only when a complete sale takes place.

[kal3m]

Islam is the only religion which emphasized abundantly the rights of neighbour, even the companions feared that the prophet saww will make them the partner in inheritance.
objectives are:
realisation and protection of neighbour's right,
to ensure the consent of neighbour over new owner,
may be the existing neighbour need the land more than the stranger and could also protect it in better way

some time in cultivated land by selling the adjacent land to a stranger causes the loss, one having experience or observation could imagine, same hurdles and obstructions could be created by selling the home to a stranger.

so, beside many other philosophies, to make a society coordinative and supportive this law was introduced.

[atifch]

ironicaly this law of shufffa or pre emption is being misused in a our country in many ways ,as an offensive against a buyer .On the other hand for a geniuine shaffi it becomes almost impossible to prove three demands ie ..Tlb e muathibat , talb e khasumat and talb e ishahd .this law need ammendments according to the needs of time.

[kal3m]

@atifch
according to 13th section of Pre Emption Act 1987, the three terms you used are the process of demand, pre emptor have a right according to third step "talb e khasumat", to file a suit against the intentions of the owner on selling to a strange person, but for that he have to prove that he on his own behalf demanded the right, and for that he have to provide testimonies, by establishing evidence. so, if he in spirit and soul had asked the owner and in the presence of 2 persons, there is no need of any further evidence. But the problem lies on both sides, owners never inform the neighbours neither the later demand from them, but when they come to know that he had sold the property they than ran to court for filing suit,
there is no issue with the law, but with the ignorance of the masses. Exceptions are always there, but most of the time intentions of either party are to harm the opponent,

[sana chudhary]

please tell me the meanings of these words as i cud'nt understand them....

plz tel me what is pre-emption?

what is consangunity principle?

and what is propinqunity rule by shias?

plz plz help me.........

[kal3m]

Originally Posted by sana chudhary

please tell me the meanings of these words as i cud'nt understand them....

plz tel me what is pre-emption?

what is consangunity principle?

and what is propinqunity rule by shias?

plz plz help me.........

Pre emption or haqq e shufa.
in simple words according to this law owner of any immovable property have to ask the permission from the neighbour of his land that he is going to sell the land if the later have interest on buying he may buy if not than give me the permission to sell it to a strange buyer and the definition as written by the maryamkhakwani is of right of pre emption. mean if the owner on without informing and getting permission from the neighbour sells the land to a stranger the neighbour do have a right to file a suit against him.

[sana chudhary]

@kal3m

thanx for reply..... and what abut other two qustns
plz tel the answer of them also
regards

[kal3m]

@sana
sorry, I have no clear idea, please refer to any law or statement.

[sana chudhary]

@kal3m

consangunity;
in the differnce of sunni and shia law ' on succession the sunni dos'nt adopt the consangunity principle. the sunni prefer agnates over cognates but shias prefer nearst relation whether an agnate or cognate are preferd.all the heirs are sharers or residuaries.

propinqunity;
sunni dos'nt interfer quranic shares excpt of ijmah & kiyas but shias kept the list of quranic heirs intact & rearrange is in grup divided on the basis of propinqunity.

now can you plz tel me ........