Question
I am a resident in an area where a well-known Muslim family has begun construction of a business. The property is planned to be a 2-storey fish and chips takeaway and manufacturing facility (for manufacturing processed meats). The property in question is currently zoned only for residential use. I am a direct neighbour of this property, and therefore I would like to ascertain whether this construction will infringe upon my Islamic rights as a neighbour. The following facts are pertinent: 1. Three out of four immediate neighbours have objected, in written application, to the construction of this facility. 2. A borehole has already been drilled on the property, without consent from local government. Due to our area having high levels of dolomite, it is illegal to drill a borehole for water extraction as it can cause sink holes to the affected property and surrounding neighbours (Communication - AmandaM_COJ Geo Science). On the basis of the above facts, please provide an Islamic ruling. Also take into consideration following concerns: The neighbours have objected as the construction of this facility will have negative effects on their health and immediate environment such as the smell from the extractors and garbage, rodents, noise levels and parking on neighbours' properties. Please advise if there are any Islamic principles that govern or protect the rights of neighbours under these sort of circumstance Is the drilling of the borehole allowed (taking into account that it is illegal and could cause harm to the immediate neighbours and their property? Will it be permissible for myself and the neighbours to report the owners to the relevant authorities?
Answer
The moral principle of Islam:
Rasulullah (Sallallahu alayhi wasallam) said: "A true Muslim is one from whose tongue and hands Muslims are safe."
2) The legal principle of Islam:
In terms of the Shariah, the principle is that "Harm of the individual shall be tolerated to ward off harm from the community."
Based on both the moral and legal principles of Islam, the neighbours have every Islamic right to object to the proposed 2-storey fish, chip and m e a t p r o c e s s i n g / manufacturing enterprise which is being constructed in their midst in a residential area.
Among the numerous examples for the operation of these principles, the Fuqaha mention that constructing a restaurant or a bakery and similar such businesses in the midst of shops dealing only in fabric (cloth), shall be prevented. The Shariah does not permit inconveniencing (causing takleef) to others. This prohibition has greater emphasis if an individual for his own monetary benefit causes takleef to neighbours or to the community around him.
The proposed business will most certainly bring about the negative effects mentioned by you in your item No.1. In addition to these negative, harmful and inconveniencing factors, are the congregation of unsavoury elements who usually frequent such haunts.
Another negative and impermissible factor is the two-storey building itself if the houses of the neighbours are one-storey buildings. Even if the building has to be only a two-storey residential house, then too it will not be permissible. It is not permissible to construct a double storey building adjacent to a onestorey house because the occupants on the upper floor will be able to see into the premises, yard, etc. of the neighbours thereby violating their privacy and the purdah of the females. Thus, permission for the double storey will not be granted in terms of the Shariah.
Furthermore, an additional negative factor emphasising the prohibition will be the impediment to sunlight caused by the double storey which looms above the smaller house at its foot.
A restaurant of the kind envisaged by the Muslim family, as well as other kinds of business, e.g. blacksmith, sp ra y-p a i n t i n g, s t e e l - manufacturing, etc., etc. are not permitted within an exclusive residential area.
Due to the danger of the ground sinking and causing damage and danger, it is not permissible to construct the borehole in the dolomite area.
All the neighbours should vigorously oppose the proposed business which will also deal in haraam meat and haraam processed foods. It is permissible to object. The family who ignores the concerns of the neighbours is acting most contumaciously and un-Islamically, and is in violation of the Shariah. You may report the culprits to the appropriate authorities.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 25 No 08
- PDF page
- 10
Appears under THE RIGHTS OF NEIGHBOURS (approximate).