Comparison of Mecelle and Murshid al-hayran Within the scope of legalization activities (Shuf'a Issue)

In today's law the term preemption refers to shuf'a, a comprehensive right that has been included in various norms within legal systems throughout history and which in Islamic law grants extensive authority over ownership through shafi'. Shuf'a involves the compulsory acquisition of immovable property, subject to a legally valid sales contract, by the shafi' at the price paid by the buyer. It can be claimed on the basis of joint ownership, easement partnership, or neighborhood, following the same order of precedence. The primary aim of shuf'a is not to restrict the disposal rights of the seller or buyer but to prevent potential harm or grievances to the surrounding community caused by the new owner and to avoid multiple ownership of the same property. The term shuf'a is not explicitly addressed in the Qur'an; however, it has been analyzed by Islamic scholars within the context of primary sources such as the sunnah, hadith, and consensus, addressing its nature, purpose, legitimacy, causes, conditions, and regulations comprehensively. The codification efforts initiated in the West during the 19th century had primary objectives such as creating an original legal system and establishing a fair and centralized state governance through the application of law. The concept of shuf'a was also evaluated within the scope of Ottoman codification efforts. Despite attempts to incorporate the French (Code Civil) into existing legal systems, shuf'a was assessed and compared in the context of the Hanafi school of thought, the Ottoman-based legal code Mecelle and the Egypt-centered legal work Murshid al-Hayran.