Syuf'ah in Islamic laws and its significance under the land law of Malaysia

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 significan...

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Published in:Journal of Social Sciences Research
Main Author: Taha M.M.; Awang M.B.; Sulong J.; Ruzulan Z.; Mohamed A.; Jusoh M.K.A.; Ayub M.N.
Format: Article
Language:English
Published: Academic Research Publishing Group 2019
Online Access:https://www.scopus.com/inward/record.uri?eid=2-s2.0-85068100787&doi=10.32861%2fjssr.53.603.607&partnerID=40&md5=eec8b4f893ef2f993e77db5981ac095c
id 2-s2.0-85068100787
spelling 2-s2.0-85068100787
Taha M.M.; Awang M.B.; Sulong J.; Ruzulan Z.; Mohamed A.; Jusoh M.K.A.; Ayub M.N.
Syuf'ah in Islamic laws and its significance under the land law of Malaysia
2019
Journal of Social Sciences Research
5
3
10.32861/jssr.53.603.607
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85068100787&doi=10.32861%2fjssr.53.603.607&partnerID=40&md5=eec8b4f893ef2f993e77db5981ac095c
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. © 2015-2017 Academic Research Publishing Group.
Academic Research Publishing Group
24136670
English
Article
All Open Access; Gold Open Access
author Taha M.M.; Awang M.B.; Sulong J.; Ruzulan Z.; Mohamed A.; Jusoh M.K.A.; Ayub M.N.
spellingShingle Taha M.M.; Awang M.B.; Sulong J.; Ruzulan Z.; Mohamed A.; Jusoh M.K.A.; Ayub M.N.
Syuf'ah in Islamic laws and its significance under the land law of Malaysia
author_facet Taha M.M.; Awang M.B.; Sulong J.; Ruzulan Z.; Mohamed A.; Jusoh M.K.A.; Ayub M.N.
author_sort Taha M.M.; Awang M.B.; Sulong J.; Ruzulan Z.; Mohamed A.; Jusoh M.K.A.; Ayub M.N.
title Syuf'ah in Islamic laws and its significance under the land law of Malaysia
title_short Syuf'ah in Islamic laws and its significance under the land law of Malaysia
title_full Syuf'ah in Islamic laws and its significance under the land law of Malaysia
title_fullStr Syuf'ah in Islamic laws and its significance under the land law of Malaysia
title_full_unstemmed Syuf'ah in Islamic laws and its significance under the land law of Malaysia
title_sort Syuf'ah in Islamic laws and its significance under the land law of Malaysia
publishDate 2019
container_title Journal of Social Sciences Research
container_volume 5
container_issue 3
doi_str_mv 10.32861/jssr.53.603.607
url https://www.scopus.com/inward/record.uri?eid=2-s2.0-85068100787&doi=10.32861%2fjssr.53.603.607&partnerID=40&md5=eec8b4f893ef2f993e77db5981ac095c
description 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. © 2015-2017 Academic Research Publishing Group.
publisher Academic Research Publishing Group
issn 24136670
language English
format Article
accesstype All Open Access; Gold Open Access
record_format scopus
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