Is the preemption right (shuf'a) applicable to the agricultural lands of Sawad (Iraq)?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The preemption right is not recognized in the Sawad lands. This is because the Sawad lands were established as an endowment (Waqf) by 'Umar ibn al-Khattab, may Allah be pleased with him, for the Muslims. Since the sale of these lands is invalid, the preemption right, which is contingent upon a sale, cannot apply. This ruling extends to all lands conquered by force ('anwah) during his time that were not divided among the spoilsmen, such as the lands of Sham (Syria) and Misr (Egypt).
Supporting text
If a judge rules for the sale of these endowed lands, or if the Imam or his deputy carries out such a sale, the preemption right becomes established because the matter then enters the realm of legal contestation, and the ruling of the judge in a contested matter is binding and executed.