التحيل لإسقاط الشفعية عند الإمام ابن الأمير الصنعاني : دراسة فقهية مقارنة

الملخص EN

The study aims to clarify the opinions of the scholars on the use of trickery for the invalidation of the right of preemption with a special reference to the view of Al-Sana’ni through his treaties.

The study consists of an introduction and three parts.

The first part includes a brief overview of Imam Al-Sana’ni.

The second part explores the jurists’ views on the invalidation of the right of preemption by trickery including the view of Imam Al-Sana’ni on such issues.

The last part of the study discusses the two treaties of Imam Al-Sana’ni focusing on their main subject matter, their importance, and the author’s method in both of them.

The findings of the study show that Imam Ibn Al-Amir Al-Sana’ni is one of the most prominent figures in the science of jurisprudence, Hadith, and other sciences.

Regarding the invalidation of preemption by trickery, the study confirms that all jurists, including Imam Ibn Al-Amir Al-Sana’ni, agree that it is forbidden, and if it is done before the act of purchasing is approved, then it is preponderantly prohibited.