Analysis of Legal Status of Buyer Transactions to the Case of Pre-Emption (Shufa a)

In some cases, it is established the right of pre-emption (shufa’a) for a person relating to the sale by the law of rule. He can refund the sale price to the purchaser and possesses the sale. Some times before exercising the right of pre-emption (shufa’a) by the pre-emptor, the purchaser has carried out a transaction in relation to the sale and he has no longer the owner of the sale. Here the question is what the legal status is before exercising the right of pre-emption (shufa’a) and what the effect of exercising the right of pre-emption (shufa’a) is on it. To respond to this question about the case of legal status of the transactions of the buyer before the exercising the right of pre-emption (shufa’a), the general outlook of the Islamic jurisprudents is the validity of the transactions of the buyer. But the attitude of ineffectiveness has proponents. About the effectiveness of the exercising the right of pre-emption (shufa’a) on the pre-mentioned transactions (muamalat), it should be said that among those believe the validity of the mentioned transactions (muamalat) before exercising the right of pre-emption (shufa’a), some believe that exercising the right of pre-emption (shufa’a) causes the legal involuntary annulment of the transactions of the buyer (the cancelation of the transaction happens legally without the will of the buyer). Others have propounded the possibility of the annulment of transactions (muamalat) and some others have stated unenforceability (Inopposabilité) of the transactions of the buyer before the pre-emptor. The present research meanwhile observing different attitudes and criticizing and studying them has achieved this consequence that the theory of the situation of waiting -observing- for another legal affair (the legal status from the point of the contract requirements has no problem but the obstacle has caused the transaction to be kept until the determination of the other affair) a better solution to present the legal status of the transactions of the buyer before exercising the right of pre-emption (shufa’a) and the determination of its impact on that mentioned transactions (muamalat).