A case of pre-emption: co-owners of joint property

Question

Question: The question is this: Anwari Begum has sold her share of a jointly owned property to Jamil Ahmad. Jamil Ahmad, Khaliq Ahmad, Maqbul Ahmad and Malika are also partners in this property. Do they have the right of pre-emption (shufʿa) or not?

Answer

If Anwari Begum has sold her share of the joint property to Mr Jamil Ahmad, then each one — Khaliq Ahmad and Maqbul Ahmad, Malika, and whoever else is a partner in it — will have the right of pre-emption. If only these two wish to obtain the right of pre-emption in accordance with the rules of the Sharia, then, of the share of the property sold by Anwari Begum, they should let…

Source: Fatawa Mahmudiyya

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