A Conceptual Analysis and the Effects of the Right of “Sabq” in Jurisprudence of Islamic Denominations

The right of precedence deals with the relationship between individuals, objects and places. It is a rational phenomenon, approved by the Sharia. Some scholars believe that the nature of the right of precedence is moral priority while others take it as an obligation. Still there are scholars who view it as an objective right. The realization of this right results in ownership or the right of precedence. There is a difference between Imamiah (the followers of the twelve Imams) and Sunni jurists as to whether the right of precedence causes ownership or the right of precedence. Sunni jurists believe in the absolute ownership and refer to narrations related to the revival of the dead lands as their proof. Imamiah jurists, on the other hand, accept ownership in some cases and the right of precedence in others because there is a consensus on the absence of absolute ownership. The jurists believe in ownership in cases such as taking possession and the revival of the dead lands, agriculture and the writing of scientific works. This study concludes that the right of precedence is an example of objective rights which include all the effects of this right, such as not allowing the violation of the right, the necessity for compensating the damage caused by the violation of the others’ right, etc. This article aims at explaining the nature and effects of the right of precedence. Meanwhile, based on library sources and by using analytical and descriptive methods, we will examine the views of the parties on the subject.