Pre-emptio in Ottoman law

As a social being, humans have rights and responsibilities determined by the legal system. The right of property for instance is one of the most fundamental human right that is protected by the law. Although it has been commonly accepted that the right of property provides unlimited authority on the property, some limitations have been introduced in order to meet the needs of the society. The right of pre-emption has also existed in many legal systems since ancient times and is one of the main limitations that has come up with the right of property. Based on the texts from the Prophet and some practices that have existed in the society since ancient times, Islamic legal scholars, in their fiqh works, have broadly discussed the nature, purpose, reasons, evidence and conditions of the right of pre-emption in the light of the general principles of Islamic law. The legal system of the Ottoman Empire, which represents more than six centuries of the history of Islamic law, is very important in terms of seeing the phases the Hanafi sect has gone over in terms of doctrine and practice, as well as recognizing the internal structure of Ottoman law. In this study, we will first convey how and in which context the right of pre-emption is discussed in the Hanafi fiqh works. In the next part, after an overview of Ottoman law, we will try to show the way right of pre-emption came up in doctrine and practice within the previously mentioned legal system.