Journal of Islamic Studies (Sep 2004)
Al-Shafaa (the Multiplicity of Mediation) : Its Forms and Decrees in the Islamic Jurisprudence
Abstract
Shafaa Right is considered as one of the legislative rights that Islam guarantees for the partner if his other partner sold his share of partnership to a foreign person, then Shafaa right has to be paid upon this harrnness of sale by taking back his seller partner's share from the purchaser by paying him the same price paid. These Islamic rights demonstrate how keen Islam is to keep financial relationships between partners away of conflicts which lead to mining the relationship and causing loss to all of them. Islamic scientists agreed that Shafaa right is approaved and considered a right to those known for it in case they are many so each one will claim his share. This search clarified cases might be between the claimers for Shafaa right in case they are many and might be there conflicts: • If claimers of Shafaa right were agreed on reason of Shafaa and possession and the purchaser was not one of those partners so scientists varied in their judgments of how to allocate the claims between them but most scientists judge that their claims will be according to their shares but the minority say that it will be according to their number and therefore to be allocated equally. If claimers are many and were agreed on reason and disagreed on possession reason, Shafaa will be given to all possessors regardless of the reason of their possession, and still there is disagreement between scientists on this case. * If claimers were many and were disagreed on Shafaa reason then Shafaawifl be to the partner in possession rights, then to the close neighbor. * If the purchasor of "Mashfoa" which is to be paid Shafaa for one of the claimers so shafaa is proved and given to all partners if that purchaser has equal shares as for each partner but if he has more so he will claim the Shafaa for himself alone but if he has less so Shafaa will be to the one who has the most shares and will be given Shafaa then, instead of the purchaser.
