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Practical Laws: Right of Pre-emption

Is dropping pre-emption right before one of the partners sells his share to a third party, perceived as…

Q&A⚖️ Fiqh & Law

Is dropping pre-emption right before one of the partners sells his share to a third party, perceived as unlawful?

Answer

Forgoing pre-emption is not valid unless it actually takes place, i.e. by the partner selling his share to a third party. However, there is no objection to the partner’s giving an undertaking in an Islamically binding contract that he is not going to resort to pre-emption when his partner sells his share.

Source:leader.ir · leader.ir

added 8/29/2026

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