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[Roads that pass through demarcated plots before their revival]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 21653
Number of views: 1
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[Roads that pass through demarcated plots before their revival]
Fatwa number: 21653
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Question

Question: A frequently recurring incident is that people in these lands have hastened to revive tracts of land and to sell and buy them, and there are roads that pass through these demarcated plots which people habitually use to go to markets and to villages, etc. What is required concerning these roads?

Answer

Answer: Rights may concur in a single place. The right of pasture may belong to the people of one village, the right of water to the people of another village, and the right of passage and thoroughfare to people other than those mentioned. If those (holders of one right) wish to revive land, sell it, build on it, or demarcate it, that must be done in a manner that does not harm the people holding the other rights, because of what the Prophet (May Allah bless Him and His Family and grant them peace) stated in the well-known ḥadīth: “No harm and no reciprocating harm.” … ḥadīth.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2

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