Syuf'ah in Islamic Laws and its Significance Under the Land Law of Malaysia

Mohd Marbawi Taha*, Mohd Badrol Awang, Jasni Sulong, Zulaipa Ruzulan, Asjad Mohamed, Mohd Kamal Azman Jusoh and Mohd Nasir Ayub
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Mohd Marbawi Taha*: Academy of Contemporary Islamic Studies, Universiti Teknologi MARA, Cawangan Pulau Pinang, 31500 Pulau Pinang, Malaysia
Mohd Badrol Awang: Faculty of Law & International Relations, Universiti Sultan Zainal Abidin, Gong Badak, 21300 Terengganu, Malaysia
Jasni Sulong: School of Humanities, Universiti Sains Malaysia, 11800 Pulau Pinang, Malaysia
Zulaipa Ruzulan: Academy of Contemporary Islamic Studies, Universiti Teknologi MARA, Shah Alam, 40450 Selangor, Malaysia
Asjad Mohamed: Academy of Contemporary Islamic Studies, Universiti Teknologi MARA, Shah Alam, 40450 Selangor, Malaysia
Mohd Kamal Azman Jusoh: Academy of Contemporary Islamic Studies, Universiti Teknologi MARA, Shah Alam, 40450 Selangor, Malaysia
Mohd Nasir Ayub: Academy of Contemporary Islamic Studies, Universiti Teknologi MARA, Cawangan Kedah, 08400 Kedah, Malaysia

The Journal of Social Sciences Research, 2019, vol. 5, issue 3, 603-607

Abstract: In Islamic law, al-syuf’ah affords the co-proprietors of undivided shares in a property the preferential right to purchase the shares of other co- proprietors before the shares can be offered to outsiders. In the context of Malaysian land law, the study on al-syuf’ah has its own significance as it is closely related to the concept of co-proprietorship of land (CPL) under the National Land Code, 1965 (NLC). It is well known that many issues are confronting the CPL. Most of the problems accrue from unhealthy relationships among the owners which then develop into developmental and economical aspects of the land. On the above facts, this study examines the potential of al-syuf’ah in addressing these problems as well as the possibility of employing the rules of al-syuf’ah alongside the country’s land law. To undertake the research, the data is collected from the library-based literature which then analysed using inductive, deductive as well as comparative methods. The study finds that there are leeways that allow for the implementation of the rules of al-syuf’ah alongside the existing land law. The rules of al-syuf’ah if implemented would be able to solve some of the existing problems and to prevent the problems from recurring in the future.

Keywords: Al-syuf’ah; Co-proprietorship; National land code; Land law. (search for similar items in EconPapers)
Date: 2019
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