What is the ruling on building an upper-floor balcony overlooking a public road, extending approximately 80 centimeters beyond the owned property?
Some scholars hold the view that it is permissible to extend a wing (part of a building) or similar structures into the public road if it does not cause harm to passersby or to the interests of Muslims, even without the Imam's permission.
However, the Hanbalis believe that this is not permissible except with the permission of the Imam or his deputy, even if there is no direct harm. This is because the air is the property of the general public, and the Imam is their representative. Therefore, disposing of it without his permission is considered disposing of someone else's property.
Sheikh Ibn Uthaymin is of the opinion that it is not permissible to extend anything onto the public road beyond one's property, because the air is part of the road and is public property. An exception is made for what is customary and does not harm people, provided it is done with the Imam's permission.
Sheikh Hamad Al-Hamad believes that the view held by the Hanbalis is more evident, and that this air is public property belonging to Muslims, and the ruler is their representative. Building without permission is an act of disposing of someone else's property and may lead to detrimental consequences.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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