Fiqhe Moqaran

Fiqhe Moqaran

A Jurisprudential and Legal Re-examination of the Principles of Urgency or Non-Urgency of Taking the Right of Pre-emption with an Emphasis on Judicial Procedure

Articles in Press

Document Type : Research Paper

Authors
Mohammad rasoul Ahangaran 1
mahdi miri 2
ahmad saberi majd 3
1 Prophsore of University of Tehran
2 .
3 Ph.D. in Jurisprudence and Fundamentals of Islamic Law, Farabi College, University of Tehran
10.22034/fm.2025.466453.2118
Abstract
There is a difference of opinion among scholars regarding the urgency or non-urgency of taking the right of pre-emption. The majority of Imamiyyah jurists believe in the urgency of taking the right of pre-emption. Some have chosen the permissibility of delay in taking the right of pre-emption as one of the effects of the right of pre-emption. Others have not expressed an opinion on this issue. Article 821 of the Civil Code has followed the famous view. Sunni jurists have also offered various views on this issue. In this research, different viewpoints were evaluated with a descriptive-analytical method in comparative jurisprudence and substantive law, and it was concluded that the urgency viewpoint has more efficiency; of course, the urgency that is based on the custom of the place of residence of the pre-emptor. Choosing urgency with the mentioned criterion, in addition to being compatible with the economic situation of today's societies and market fluctuations, plays a significant role in the prosperity of transactions and their stability and reducing differences and the entry of judicial cases into the courts. Having a valid excuse from the pre-emptor causes the non-immediate exercise of his right not to cause the fall of the right of pre-emption.
Keywords
Urgency of pre-emption
permissibility of delay
taking the right of pre-emption
pre-emptor
judicial procedure
Fiqhe Moqaran

Articles in Press, Accepted Manuscript
Available Online from 19 July 2025