Islam and Human Rights — Page 107
Article 12 107 to be constructed thereafter which would interfere seriously with that enjoyment. Certain climatic and cultural considerations come into play in connection with this easement. But even in temperate regions, under the pressure of growing urban com munities, privacy in western countries also is beginning to be unduly interfered with, and some relief may have to be sought by making due allowance for that very legitimate need in building and housing regulations. Another doctrine of Muslim jurisprudence tends in the same direction, that is to say towards stressing and safe guarding some of the values set out in this article. Sales of urban residential property are, under Islamic law, subject to the right of pre-emption. Briefly, this may be explained as the right of an owner of contiguous property, or of property enjoying an easement against or being subject to an easement in favour of property which is proposed to be sold, to purchase it, if he so wishes, in preference to another not possessing an equal or superior right of pur chase. If a sale takes place in contravention of this right, the right may be enforced through judicial process. The purchaser then has to give way to the pre-emptor, who is entitled to be substituted in place of the purchaser on pay ment to him of the price