A Comparative Study On Pre-Emption Between Muslim Law And Statutory Laws: A Legal Analysis
- IJLLR Journal
- May 15
- 1 min read
Md. Tarikul Islam, Lecturer, Department of Law, North Western University, Khulna, Bangladesh
ABSTRACT
The right of pre-emption is an important right in the field of law relating to property recognized by both Muslim personal law and statutory laws of Bangladesh. Pre-emption protects the right of a person who is entitled to purchase the immovable property that has been sold to another person according to the provisions of the Muslim personal law and statutory laws. This right of pre-emption can be claimed both under Muslim personal law and statutory laws of Bangladesh. But there are some basic differences between Muslim personal law and statutory laws regarding pre-emption. This study aims to make the basic distinctions and find out the major conflicts between Muslim personal law and statutory laws regarding pre- emption. The applicant or pre-emptor faces various problems because of the several provisions on pre-emption. As a result, it causes confusion and difficulties for the pre-emptor or applicant, and the applicant or pre-emptor is somehow unable to establish his right of pre-emption. This article also aims at harmonizing the differences, confusions, and difficulties between the Muslim personal law and statutory laws regarding pre-emption and giving some suggestions to cope with these differences, confusions, and difficulties.
Keywords: pre-emption, Muslim personal law, statutory laws, immovable property, conflicts
