Is it permissible for a partner in a contract-based company to sell his share to a third party without the consent of his partner, and does the right of pre-emption apply to a contract-based company?

The right of pre-emption (shafa'a) is established in every undivided partnership, under seven conditions:

1. The transaction must be a sale. It is not established in gifted property, endowed property, or in lieu of khul' (divorce initiated by wife) or mahr (dowry).

2. It must be real estate or something connected to it, such as buildings and trees.

3. The share must be undivided and not partitioned.

4. It must be something that can be partitioned.

5. The pre-emptor must take the entire share.

6. The pre-emptor must be able to pay the price.

7. The claim must be made immediately upon learning of the sale.

Scholars have differed on the obligation of a partner to inform their co-partner of their desire to sell, and the preponderant opinion is that it is obligatory.