Ability to Transfer Pre-emption Right from the Perspective of Islamic Jurisprudence and Iranian Law

The Pre-emption Right is a financial right and one of the characteristics of a financial right is the ability to transfer this right. However, in preemption, the situation is a little different, because most jurisprudents and lawyers, due to the specific nature of the preemption right and referring to the basis of legislating the preemption right, which is avoidance of detriment, consider it non-transferable voluntarily. The present study shows that the study of the voluntary transferability ability of the preemption right, on one hand, requires the interpretation of avoidance of detriment as the basis of the preemption right; Because depending on interpretation of avoidance of detriment as avoidance of partnership or avoidance of a new partner, it will not be ineffective in its transferability; and on the other hand, requires examining whether the preemption right is for or against the Rule of Ownership and the Rule of Prohibition of Detriment (La Dharar). The approach of the present study is that accepting the Preemption as a right, which is considered a common point with Option, leads to support the rule of domination (Taslit) and accepting the theory of voluntary transferability of the preemption right, and on the other hand, paying attention to the basis of the preemption right, i.e., avoidance of detriment as avoidance of a new partner, reinforces the above-mentioned view.