Is the father legally entitled to claim pre-emption for his brother's share of land that they own equally, and what is the ruling on the current situation of the son on this land?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The Shari'ah has given your father the right to file a pre-emption (shufa'ah) lawsuit regarding the land. This is a right established by the Shari'ah, whereby a first partner acquires what his co-partner sold to another. Scholars have defined pre-emption as: "A partner taking what his co-partner sold, at the price, compulsorily upon him." The court ruled in your father's favor, granting him what was rightfully his, and it has now reached you through a lawful means, which is inheritance.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/34333
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 34333
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy