Does a minor have the right to preemption (Shuf'ah) when a share of property owned in partnership is sold?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The right of preemption is established for a minor when a share of jointly owned property is sold. This is the position held by the majority of jurists, including Al-Hasan, 'Ata', Malik, Al-Awza'i, Al-Shafi'i, Suwar, Al-'Anbari, and the Companions of the Opinion (Ashab al-Ra'y). The evidence for this ruling rests upon the generality of the prophetic traditions (Hadith) and the fact that preemption is an option granted to remove harm from the property, and thus it is established for the minor just as the option to return based on a defect is established.
Supporting text
Ibn Abi Layla stated that the minor has no right of preemption because the minor cannot exercise the right, nor can waiting for him until maturity be done due to potential harm to the buyer. Furthermore, the guardian (Wali) cannot exercise the right because one who cannot voluntarily forgo a right (Afw) cannot exercise the right of acquisition.