pre-emption (الشُّفْعَةُ)
الفقه أصول الفقه
التعريف :
A forced right of ownership, in return for compensation, of a share in a jointly owned real property, given to the old partner ahead of the new partner.
المعنى الاصطلاحي :
The right of a partner to buy the share of his partner from the person who bought it at the price they have agreed upon.
الشرح المختصر :
"Shuf‘ah" (right of preemption) is the right that Allah gave to a person if he has a partner in a certain property (joint ownership). If one of the partners wishes to sell his share, then his partner is more entitled to buying it than any other person in order to eliminate any harm that the latter may incur (if an outsider bought that share). An example: Two men share the ownership of a piece of land. The first partner sold his share of the land to a third party. So the second partner who did not sell his share has the right to buy the sold land from that third party without his consent and join it to his share of the land. Thus, the whole land would be in the possession of the second partner, who did not sell his share.
التعريف اللغوي المختصر :
"Shuf‘ah": bringing together or joining one thing to another. Other meanings: increase, reinforcement, possession.