Is it permissible, in Sharia, to prevent a neighbor from converting his house into commercial shops?
This issue falls under matters of dispute and disagreement, and the conclusive decision rests with the judge. It pertains to the neighbor's right to prevent harm from their neighbor. The following has been stated regarding it:
In "Tabsira al-Hukkam": There is disagreement regarding preventing the construction of a building that blocks light, sun, and wind. It is mentioned in "Al-Mutaytiah" that it is not to be prevented unless it overshadows [the neighbor]. In "Kashshaf al-Qina'": A neighbor has no right to prevent their neighbor from raising their house, even if it leads to blocking the open space for them. Ahmad argued with the "There should be no harm nor reciprocating harm" to justify preventing it. In "Hashiyat al-Dusuqi": The well-known opinion is that a ruling is not issued to prevent a building that blocks light, sun, and wind from a neighbor, while the opposing view is prevention.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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