Pre-Emption in Ibadi Jurisprudence and the Omani Civil Transactions Law “a Comparative Study”

Given that the right of pre-emption (shufʿah) has been a subject of consideration in Islamic jurisprudence and Omani law—due to its practical importance and the ambiguity of many of its rulings—this study seeks to clarify its provisions and nature. The first section presents the definition of pre-emption in language, Islamic jurisprudence, and law, as well as its causes and grounds. The second section discusses the types of property in which pre-emption applies and the conditions for its establishment in jurisprudence and law, through a comparative approach that also refers to judgments of the Omani Supreme Court. The third section explains the characteristics and legal effects of pre-emption, while the fourth addresses the admissibility of a pre-emption claim and related procedures. The study adopts the inductive, analytical, and comparative methods. It concludes that pre-emption applies to endowments (awqāf) when justified by legitimate interest, and that it grants the pre-emptor the right to benefit from the payment period granted to the buyer, subject to conditions. The study recommends amending certain legal provisions to ensure full harmony between legal rulings, evidence, and the objectives of pre-emption.