ভূমি ব্যবস্থাপনায় শুফ্‘আ আইনের ভূমিকা: একটি তুলনামূলক বিশ্লেষণ |Role of Shuf’a Law in Land Management : A Comparative Analysis

Abstract

The Shufʻa (preemption) or 'Side-Land Pre-Purchase Right Law' is a land by-law of Islamic Shari'ah law. The role of Shuf’a Law in land management is immense. Because Shufʻa law preserves the rights of all classes of partners and neighbors of the respective land. In the year 622 AD, the first practical application of this law took place in the state of Madinah Munawarah established by the Prophet Muhammad (PBUH). For around 1400 years, this law played an incredibly important role as an acclaimed land law of Muslim empires. Note that the amount of per capita land is gradually decreasing as the current global population increases. In such a situation, the land department along with the land owners are going through a transitional period in the purchase and sale of these poorly fragmented lands. In this situation, the land management law including the land pre-purchase right law need to be made more rich, practical and up-to-date. This article presents an authentic and evidence-based discussion of various aspects of Shufʻa Law. In addition, an attempt has been made to make a comparative analysis between the Shufʻa Law and the existing law of the country. The article has been prepared in a descriptive, analytical and comparative manner. Analyzing the results of Shuf'a law and relevant issues, presented in this article, it can be seen that the elements of this law can play an important role in the land management including the upgradation of Shufʻa Law.