Is it permissible for the planter to sell the planting and structure to someone other than the landowner?
General Chapter
Al-Mughni
Book of Leasing
Primary text
It is permissible for the planter to sell the planting and structure to the landowner. It is also permissible to sell them to a third party who then assumes the seller's position regarding the land. This is supported by analogy with the pre-emptive right (shuf'a) where the co-sharer can sell their share to a non-partner.
Supporting text
One view among Al-Shafi'i's school suggests the planter cannot sell to a non-landowner because the planter's ownership is considered weak, evidenced by the landowner's right to acquire it by paying compensation without the planter's consent.