The various schools of Muslim law do not uniformly recognize the right of pre-emption. The Shafts allow the right of pre-emption only to co-sharers. It is the Hanafi law which recognizes the right of pre-emption to the fullest extent. It recognizes three types of right of pre-emption: (i) The Shafl Sharik, (ii) the Shafii Khalit, and (iii) Shafii-i-jar (for details see below).
The Ithana Ashari law recognizes the right of pre-emption only of the co-sharers, and that also when there are two co-sharers. It does not recognize the right where there are more than two co-sharers.
Image Source: hkhlegal.com
ADVERTISEMENTS:
The neighbour’s or participator’s right of pre-emption is not recognized. The Ithana Ashari School recognizes woman’s right of pre-emption, even when she claims widow’s right of inheritance. Obviously, a woman, who has merely a right of maintenance, cannot claim the right of pre-emption.
The Fatimidi law also does not recognize the neighbour’s or participator’s right of pre-emption. It recognizes the co-sharer’s right of pre-emption.
The Ismaili law rejects vicinage as a basis of the right of pre-emption. Thus, under the Ismaili law, neighbour’s or participator’s right of pre-emption is not recognized: only the right of co-sharer is recognized.