The Right of Shufa'ah (Preemption) for Non-Muslims: A Comparative Study of Islamic Jurisprudential Schools

Abstract

This study investigates the right of preemption (Shufaa) in Islamic law, focusing on the religious backgrounds of those involved. It examines whether the right applies reciprocally between Muslims and non-Muslims and how the religion of the seller, buyer, or preemptor affects its validity. Additionally, the study explores the applicability of preemption for apostates and heretical sects. The research employs a multifaceted approach, combining inductive, descriptive, and analytical methods. By analyzing the historical opinions of Islamic jurists and their supporting evidence, the study aims to identify the most widely accepted legal interpretation. Key findings reveal that the right of preemption is generally established for Muslims and non-Muslims in transactions involving neighboring properties. However, apostates and those adhering to heretical beliefs are excluded from exercising this right. This finding highlights the flexibility and fairness within Islamic jurisprudence when dealing with non-Muslims. The right of preemption promotes just transactions regardless of religious affiliation. Finally, the study recommends further comparative research across different legal and jurisprudential schools to understand this topic better.