The right of preemption entitles one of two co-owners to claim a share in property jointly owned under certain conditions, such as an undivided asset. The application of preemption rights for neighbors varies among the schools of Islamic jurisprudence:

1. Hanafi School: Universally accepts the neighbor’s right of preemption.

2. Imami and Hanbali Schools: Grant this right if neighbors share access to paths or water sources.

3. Maliki and Shafi’i Schools: Typically deny neighbors’ preemption rights, although the Shafi’i school recommends offering the property to the neighbor before selling it publicly.

This study aims to determine whether neighbors are entitled to preemption rights under Islamic jurisprudence and to explore the reasons and practicalities of such entitlements. Conducted through descriptive and analytical methods, the research reveals that the term “neighbor” encompasses various scenarios within Islamic law, such as in cases of endowments, wills, and rights of preemption. Specifically, “neighbor” pertains strictly to adjacent neighbors within preemption, whereas it includes a broader spectrum in other legal contexts.

Discrepancies in the interpretation of “neighbor” and the validity of related traditions have led to diverse perspectives regarding the preemption rights of neighbors. These differences are underscored by the varied interpretations of terms like “more entitled” and “neighbor.” For example, a consensus exists among Islamic jurisprudence schools that preemption rights apply in a building with only two apartments. However, this consensus does not extend to complexes with more than two apartments, where opinions on the right of preemption diverge.