Is the right of preemption (Shuf'ah) established for a Muslim partner against a non-Muslim (Dhimmi) co-owner?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 3 · Bab 1

Open in Qurani

Primary text

The right of preemption is established for a Muslim partner against a non-Muslim (Dhimmi). This is affirmed based on the comprehensive nature of the evidences that mandate preemption. Since preemption is established between two Muslims, where the sanctity and protection of the Muslim's right are highly regarded, it is certainly more appropriate and necessary for it to be established against a Dhimmi, given their lesser standing.