Shuf'a the way of gaining ownership (comparatively by the rules and regulations of Libya)

ABSTRACT Pre-emption as a means of gaining ownership (Comparative Study with Libyan law) The right of first refusal of the legitimate rights guaranteed by Islam to the partner and neighbor if his partner sold his share or if the neighbor sold his property to a foreigner shall be paid when the damage took him share his partner or neighbor of the price of foreign buyer who has it. This study aims to uncover the provisions taking By pre-emption accordance with Islamic law, comparing the Libyan civil law and to this end the provisions of Libyan law used materials with regard to pre-emption and the opinions of the four schools. This study consists of an introductory section and four season and a conclusion. Primer season : includes the reasons for gaining ownership in Islamic jurisprudence and in the texts of the Libyan civil law with a statement of all of these reasons, because of pre-emption is the cause of gaining ownership so we can know its place among other reasons. Part I: the definition of pre-emption in terms of language and terminology and measuring Libyan law and the evidence proved, and legal nature. Part II: Part II and ensure that the staff of first refusal with a statement every corner of the bases and their characteristics, cause and conditions and pre-emption in the real estate and movable Part III: Part III has been dedicated to clarify the requirements for pre-emption and behaviors that may be out of first refusal, then the owner of the right of first refusal. Part IV: The final section was dedicated to each of the acquisitions By pre-emption in the Libyan law and Islamic Sharia law and the judiciary where and how ownership By pre-emption measures The reasons for the fall of pre-emption and tricks used to fall