Is it permissible to build a mosque exceeding 300 square meters above a warehouse without a permit, and with windows overlooking homes, and is it permissible to file a complaint with the concerned authorities after the refusal to raise the windows?
Scholars differed regarding the ruling on a neighbor opening windows overlooking his neighbor. The Shafi'is held that it is permissible, and the neighbor cannot prevent his neighbor from doing so, because he has the right to demolish the entire wall. According to this view, the affected party must take precautions himself.
Some scholars, however, prohibited it, considering it a harm inflicted upon the neighbor. They cited as evidence that if one's house is higher than his neighbor's, he is obligated to build a screen to prevent overlooking his neighbor. Accordingly, this harm necessitates that the wall be elevated; otherwise, it would not be permissible.
According to the second view, there is no harm in reporting the matter to the authorities to remove the harm.
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- Original fatwa ID
- 118825
- Imported
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