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)?

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.