Am I entitled to claim compensation from the municipality and the city governorate for the damage caused to my commercial project due to the continuous municipal excavations, and what type of damage should I claim compensation for?
The reality of the mentioned harm is the absence of profit and the loss of gain, and this is neither the destruction of existing property nor the preclusion of a non-existent thing whose cause of existence has been established. Guarantee [of compensation] is not obligatory merely based on probability; rather, it applies to the destruction of verifiable property or valuable benefit. Sheikh al-Islam Ibn Taymiyyah clarified that destruction is of two types: nullifying an existing thing, and precluding a non-existent thing whose cause of existence has been established. Therefore, Islamic jurisprudence texts have not stipulated compensation for the loss of opportunities, as this is merely a probability, unlike man-made laws which have mandated it.
The questioner can refer the matter to the court to examine the details of his project and the reality of the harm inflicted upon him.
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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