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What is shuf'ah linguistically and in shari'ah? PDF Print E-mail

Question 1063) - What is shuf'ah linguistically and in shari'ah?

A: The word is derived from Shaf'meaning "to join" [because the property is joined to the shafi' [pre-emptor]. In the terminology of the Fuqaha 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].

~ al-Quduri ~

 
 

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