What is the ruling of Islamic law on adding an area of 3.5 square meters of unowned open land to a private house to straighten the facade, after obtaining the neighbors' permission and confirming that it will not harm the street?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
No one is permitted to construct a private building on public roads and streets shared by people, whether it narrows the path for them or not. This is because Muslims share in these spaces, and their interests are tied to them. This is the well-known position in the Maliki . Therefore, no one has the right to take any part of the road, be it small or large, even if the road is wide. Regarding the permissibility of a builder constructing a private building that causes no harm, with the Imam's permission, there are two views.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/121484
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- Ftawy
- Original fatwa ID
- 121484
- Added here
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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