Shufa: pillars and conditions

Shuf'a, the right of pre-emption, allows the co-owner of a property to take back, at the agreed price, the share his partner has sold to a stranger. It is a derogatory right of acquisition instituted to repel the harm attached to undivided co-ownership and neighborliness, and the jurists discussed its every aspect: its object, its entitled holders, the manner of taking it and its time limit. This article presents, sheet by sheet, the substance of the classical debates among the Hanafi, Maliki, Shafi'i and Hanbali schools, with the textual arguments, the references (al-Bukhari and Muslim, with their numbers) and the fiqh sources cited in the margins.

Parts of this section

• First pillar: the object of pre-emption (al-ma'khudh)
• What is acquired without compensation