Back to search
The question

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?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

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.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
34333
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy