The Buyer's Right to Seek Compensation from the Pre-emptor for the Increase in Property Value in Islamic Financial Jurisprudence and Palestinian Law.
Publication Type
Original research
Authors

The study aimed to investigate the buyer's right to seek compensation from the pre-emptor for any increase in the value of the property resulting from the buyer's actions, such as construction or planting, to prevent potential harm to the involved parties. The study utilized a descriptive, analytical, and comparative methodology, examining opinions from financial and legal perspectives, analyzing and comparing these views to form a scientific stance.

 

The study concluded that the pre-emptor's right to exercise pre-emption at the sale price is valid if the pre-emptor is aware of the sale or is legally notified within 30 days. If unaware and able to prove it, or not legally notified, the right remains for six months from the property registration date, including the property's increased value.

The study recommends mandating the seller or buyer to notify the pre-emptor through legal notice to resolve issues related to proving pre-emption rights and determining the property's increased value.

Journal
Title
مجلة الدراسات الفقهية والقانونية
Publisher
المعهد العالي للقضاء
Publisher Country
Oman
Publication Type
Both (Printed and Online)
Volume
--
Year
2025
Pages
--