The Impact of Neighboring Act to Restrict theOwnersgip in Islamic Jurisprudence

Abstract All thanks are due to Allah and prayers and peace are upon the Prophet Mohammad and his companions. This study falls into four chapters. Chapter one, of six sections, dwelt on meaning and importance of neighborliness and Islam’s interest in neighbor and its encouragement to be friendly with him/her. The Prophetic teachings abound with references to the importance of treating him/her friendly and politely. It’s said that a true believer (male/female) does not achieve perfect faith unless he/she treats him/her neighbor well and refrains from causing him/her any harm/injustice. Then the chapter moved to identify what is meant by a neighbor whom Islam has urged to be friendly and nice with, in accordance with Allah’s saying: “Worship Allah.... and to parents do good, and to relatives, orphans, the needy, the near neighbor and the farther neighbor away”. Chapter one focused on the best neighbors in the eyes of Allah. This best neighbor is one who does not harm his/her neighbor. The chapter, furthermore, looked at the limit of good neighborliness and its size. In this context, the researcher sought to find out whether the neighbor is one who lives very close to you or the neighbor includes others and is a wider circle. This definition of who a neighbor is is important because there are fiqh provisions, in this limit, which restrict a person’s behavior with his/her neighbor. The last section dealt with the rights of the neighbor, the foundations and general rules governing dealing with neighbors and the rights of neighbor in the prophetic teachings. Chapter two examined the concept of harm pretinent to the real estate rights between neighbors. Divided into five sections, this chapter provided a definition of harm in language and usage, and it also fielded some evidence, from the Holy Qur’an, the Prophet teachings consensus and common sense, that prohibit causing any harm to a neighbor. It also examined the effect of neighborliness on restriction of excercising the right of ownership in Islamic fiqh. It also explained acts of harm caused to neighbor types of harm and the consequences of neighbor’s exercise of his/her neighbor’s property in a way that harms him/her. The chaper ended with a look at the consequences resulting from the neighbor’s use of his/ her neighbor’s property. Chapter three dwelt on the neighbor’s making use of his/her neighbor’s property in terms of placing wood on the neighbor’s wall and compromising on benefiting from his/her property. One such compromise is allowing the branches of a neighbor’s trees to extend to neighbor’s wall. There are other examples of compromises between neighbors. The researcher examined the flow of water in a neighbor’s land and then surveyed the opinions of the four schools of Islamic fiqh (law) and their evidence for every opinion. The chapter also dealt with the rules and provisions of the up and the down and making use of them. In this context, the researcher detailed the difference in ownership of some facilities between the owner of the ups and the owner of the downs. This was given in the form of ordered questions coupled with fiqh scholars’ argument and their evidence. One such dispute btween owner of the up and owner of the down is over ownership of the roof. Another dispute is over ownership of the stairs or the ladder shared by both of them. The chapter ended with a look at the rules governing the up and down when it comes to construction and demolition. Chapter four investigated the provisions governing the joint wall between the neighbors. The researcher first explained the rule governing the building of a joint wall. This includes opening windows and holes in the joint wall. The researcher also elaborated on making use of joint wall by the partners, on rights to have shared road (private and public). In this context the researcher explained the rights of each to use that road and the others’ rights to use it. This chapter concluded with a discussion of the rights of benefiting from things by neighbors. These rights include drinking rigths, water flow right and river bed right.