Abstract

Objectives: This research addresses the right of pre-emption (shuf'a) in light of the doctrine of abuse of rights, aiming to clarify the extent to which the exercise of this right aligns with both Islamic jurisprudence and modern legal systems, especially when such exercise is tainted with abuse and harm to others. Methods: The study employed an analytical and comparative methodology, examining Islamic legal texts and scholars' opinions alongside contemporary civil legislation. Conclusions: The findings indicate that the right of shuf'a is not absolute and should be restricted when it causes harm or is misused. The study emphasizes the importance of applying the principles of justice and the objectives of Sharia in regulating shuf'a, particularly in cases involving manipulation or intentional delay. It recommends amending certain legal provisions to align with the doctrine of abuse of rights, ensuring the protection of public interest and a fair balance between rights.