Preemption in Islamic Law

In Quran there is no stipulation about the legitimacy of preemption which forcibly taking customers property in the case of mite partnership and adjacent neighborhood. In Islam evidence of legitimacy of preemption right by the hadith of Hz. Prophet (Mohammad) (s.a.v.) to his obedient. Pre-emption is a legitimate institution that bring limits to person's authority on their property and the purpose of this prevent possible disservice between individuals. reason for pre-emption partnership itself, adjacent neighborhood and easements (irtifak) According to the Hanafi school, Sefik's rights not based on shares actually it is based on reasons thus Şefik belonging to the same group Mesfin (meşfu mal) share equally between them but in Maliki, Shafi'i, and Hanbali schools Sefiks shares Mesfin according to their shares in the main property. According to cumhurun preemption is only occur in immovable property and the purpose of division varies among scholars in preemption issues. Sefik, gets know the sale news of property and immediately must make a request to the pre-emption Otherwise cannot use pre-emption. If Sefik dies without demanding the preemption, preemption fall into oblivion. There is dispute believe passing of preemption on to heirs. Meşfû goods, they luminous occurring spontaneously, luminous become the rights of Sefik. Customer's pre-emption indefectible on saving from his previous Mesfin but the next savings from the preemption request is defective. The fraud is done to reduce the legitimate right of preemption is not permissible. Keywords: Preemption, Easements