Back to search

Is it permissible, Islamically, to use the law to reclaim a piece of land whose buyer refused to relinquish it, knowing that his presence causes embarrassment and distress to the questioner and her family?

1 min readAlso available in العربية

Scholars have differed concerning the neighbor's right of pre-emption (shafa'a) when their neighbor sells a property adjacent to theirs. The majority of scholars are of the opinion that the neighbor does not have the right of pre-emption, while the Hanafis hold that they do. Some scholars elaborated, stating that the neighbor has the right of pre-emption if they share a path or water source, and so on, with their neighbor.

Therefore, there is no impediment for the sister who asked the question to exercise pre-emption over the aforementioned sale, following the Hanafi school of thought, especially since she will be harmed by the presence of this person next to her.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy