Is the right of preemption (shuf'ah) established for a practitioner of religious innovation (ahl al-bid'ah) whose Islam is affirmed?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 1 · Bab 1

Open in Qurani

Primary text

The right of preemption (shuf'ah) is established for the practitioner of religious innovation whose Islam is affirmed because they are a Muslim. This right is established for them just as it is for the one who commits major sins through actions. This is supported by the generality of the evidences which necessitate the establishment of preemption for every partner, thus including them. Imam Ahmad, according to the narration of Harb, was asked about practitioners of innovation and whether they possess preemption, and his response implies affirmation.

Supporting text

Idris reportedly stated that the Rafidah (Shi'a) do not have preemption, but this is interpreted as an intent to exclude them from Islam altogether. This affirmation of preemption is understood to apply to those among the innovators who are not extremists (ghulat).