The Issue of Pre-emption.

The questioner : Shaykh, there is a case here, I don't know if it exists in Arab countries or not, but it exists here in Jordan. It is a case of buying and selling land, which they call pre-emption. Have you heard of it, Shaykh?

The Shaykh : Pre-emption exists in the Shari'ah.

The questioner : It exists in the Shari'ah?

The Shaykh : Yes, but tell me the scenario that occurs here.

The questioner : I have a plot of land in a certain place, and next to that plot there is a second plot. I learned that a man came and bought this plot, and I wanted to expand, and I had the intention to expand, but this man got there before me, for example. And I learned that this new neighbor is not upon the obedience of Allah the Mighty and Majestic. So, do I have the right to claim this land through pre-emption?

The Shaykh : Yes, you have the right. The Messenger (peace and blessings be upon him) said: But you have lost the complete legal benefit by the fact that the one who bought it is not, I mean, righteous. Because I want to say, if he is not righteous, then you have more right to your neighbor's land, clear.