Ri̇ght to şüf'a (preempti̇on) i̇n Islami̇c Law, appli̇cati̇on and compari̇son i̇n Turki̇sh Ci̇vi̇l Law

The right to Şufa (pre-emption) is a right that belongs to the property, in the nature of authority and permission; and takes place in many legal systems since past to present. It becomes functional with its use. A mite (property); by selling to the foreigner by the owner for a price; means that the right of the Şufa owner is to add the mentioned mite to his own property by a new sale by force. It is a right that restricts the right of the property owner on his property. Because the owner or customer of the mite is obliged to deliver it to the right Şufa owner in exchange for the sale price. It gives the right to the owner the possibility of buying the mite, which is sold with the same facilities as the customer. The purpose of this right in Islamic Law is accepted as to prevent damages from the customer or to get rid of the damages caused by the burden of sharing. In the Turkish Civil Code; It is expressed with the concept of "Pre-emption" rather than" Şüf'a ". Relevant articles of law; It is included in the "Law of Property" section of the Turkish Civil Code(Articles 732 to 735) and the Soil Conservation and Land Use Law (Article 8 / I, f. 2). "Şufa" which derives its origin from sunnah and icma in Islamic Law, is imposed in the Turkish Civil Code by the Swiss Civil Code. This right, which has the opportunity to exist with different references in both legal systems, presents similarities and differences in practice.