The ruling on preemption when the option belongs exclusively to the buyer during the option period.

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the option belongs only to the buyer, ownership has already transferred to him, and no other party has a claim over it. Since the preempter is entitled to exercise preemption after the sale becomes binding and ownership settles, it is deemed more appropriate that he is entitled to do so even before it becomes binding. The general assumption is that the option's existence does not prevent the exercise of preemption, similar to cases where a defect is discovered.

Supporting text

If the option belongs to the buyer, it is argued that preemption should be established immediately because the transfer of ownership has occurred, and the preempter has a stronger right over the item than the buyer, whose right is conditional upon the non-exercise of the option.