Examining the urgency of the Right of pre-emption in Imami and Sunni jurisprudence

Articles in Press

Document Type : Original Article

Authors

• Mahdi Mivahedi nasab ¹
• Hasan Pourlotfalah ²

¹ Associate Professor of Semnan University

² PhD graduate of Semnan University

10.22067/jfiqh.2023.76846.1473

Abstract

The urgency of claiming the right of pre-emption is disputed in Islamic jurisprudence. Well-known Imami jurists and most Sunni jurists, assuming no excuse, consider the delay in taking the intercession to cause the decline of the truth. In contrast to the glance of the absolute breadth of time, which, until its abolition, still retains the truth; Which has prominent believers among Imami and Sunni jurists. The other group, absolutely, believes in urgency and the next view is the glance to stop. But the chosen view, while accepting the arguments of the glance to the extent of the right of pre-emption, has left the determination of its limit to custom and habit; This article, in a descriptive-analytical manner, with a reasoned critique of the existing statements and the presentation of documents and confirmations, considers the recent theory in this matter as logical and based on defensible arguments. Various, controversial and the mentioned article needs to be Delete or amended. Moreover, according to the preferred view, although custom is considered as the criterion for the end of the time of truth, but the principle is the survival of the right of pre-emption and the proof of the invalidity of the right is the responsibility of the customer; Now, the one who, in the famous saying, with the passage of time in which the right can usually be exercised, the right is invalid, and the proof of the justification of the excuse and the survival of the right is on the intercessor.

Keywords

• Acceptance of intercession
• Entitlement
• Decline of rights
• Common share
• Intercessor
• Jurisprudence of Farighayn

Main Subjects

• Civil jurisprudence

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