The Restrictive Role of the Şufa Right on Property Rights: The Case of Konya

Abstract

This study aims to analyze the restrictive effects of the pre-emption right on private property through the examination of şufa documents recorded in the Konya Şer’iye Sicilleri during the Ottoman period. Although the concept of şufa has been frequently discussed in the theoretical literature, its practical applications—particularly in provincial towns—have not been adequately addressed using concrete historical sources. In this context, the research seeks to fill this gap and contribute a historical perspective to ongoing debates on the limitations of property rights. The study is based on the qualitative analysis of 57 shuf‘a records dated between 1563 and 1839, drawn from the Konya Şer’iye Sicilleri. These documents were evaluated through content analysis, revealing both the legal and social dimensions of the implementation of shuf‘a. The findings demonstrate that property was not regarded as an absolute individual right in the Ottoman legal system, but rather as a socially embedded and restrictable entitlement. Pre-emption claims often arose from neighborhood or co-ownership relations, indicating that property was perceived not only as an economic asset but also as a social value. Court decisions confirm that the right of shuf‘a was actively enforced and directly influenced the transfer of property. Moreover, cases of waiver and attempts at fraudulent sales illustrate that this right functioned within a flexible and dynamic legal framework. Ultimately, the study concludes that the pre-emption right served as a functional mechanism in balancing individual ownership rights with social order in the Ottoman legal context.