In the event Marwan wishes to sell 30% of his share in the land due to financial hardship, who has pre-emption (shafa'ah) rights: the existing partner (Hasan) or the previous owner (Husayn)?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If Marwan sells a portion of his share, Hassan (the existing partner) is entitled to the right of pre-emption (shufa'a), and the former owner (an outsider) has no relation to it. The right of pre-emption was legislated to prevent the harm caused by an increase in partners and the disputes among them. Its aim is to terminate the partnership and consolidate ownership into one hand when one of the partners sells his share, with the partner having precedence over an outsider, without causing harm to the seller.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/195735
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 195735
- 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