الشفعة في المنقول : دراسة فقهية قانونية

Abstract EN

This study investigates the attitude held by the Islamic fiqh with its eight schools and Arabic laws under study regarding preemptive movables by reviewing and analyzing sharia evidence, fuqaha' arguments, and legal texts.

This study establish preemption right as the same in movables as in immovable property considering multitude Hadithes that viewed preemption as vested in common property; and commonality of cause that is to eliminate damage suggesting codify and apply preemption as the same as in both the Kuwaiti and Yemeni civil laws that pioneered codification of preemptive movable and immovable property in one system, contrary to most Arabic laws that restricted preemption to estate following the approach adopted in Ottoman Judicial Gazette originally derive from the Hanifite Fiqh, and contrary to the Syrian Civil Law which was the only to dispense with the preemption system entirely.