Protection of the Preemptive Right "Haqa Al-Shufea" in Islamic Jurisprudence: Fundamental Study 10.35781/1637-000-144-001

Abstract

Abstract The present research adopted a logical and sequential plan, comprising an introduction with two sections, six chapters, and a conclusion. It employed an inductive approach for gathering scholarly material and an analytical approach for its study. The study aimed to establish that preemption is an exceptional right, exempt from the requirement of mutual consent in contracts. It allows the preemptor to take a share from the buyer by force, at the same price for which it was purchased. This is a right recognized by Islamic law for the preemptor. The study then explores whether this right is protected by Islamic law, and if so, what forms this protection takes. The effects of this protection were not investigated. The research revealed that Islamic jurisprudence protects the preemption right in several instances, which could be expanded upon with further in-depth research. The researcher concluded that studying the protection of rights in Islamic law is a worthy area of further research, and offered other recommendations and findings. keywords: Protection - Right - Preemptive - Trick - Instant