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 harmness of sale by taking back his seller partner’s share from the purchaser by paying his the same price paid.

These Islamic rights demonstrate how keen Islam is to keep financial relationships between partners away of conflicts which leads to ruin the relationship and cause loss to all of them.

Islamic scientists agreed that Alshafaa right is approaved and considered a right to those known for it in case they are many so each one will claim his share of.

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 them those partners so scientists varieted 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 to be allocated equally therefore.

- If claimers are many and were agreed on reason and disagreed on possession reason so shafaa will be given to all possessors regardless the reason of their possession, and still there’s disagreement between scientists on this case.

- If claimers were many and were disagreed on shafaa reason then Shafaa will be to the partner in possession rights then to the close neighbor.

- If the purchasor of “Mashfoa” which to be paid shafaa for was one of 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 him self alone but if he has less so Shafaa will be to the one who has the most shares and will be given Shafaa then in stead of the purchasor.