مضار الجوار في البنيان و تطبيقاته في الفقه الإسلامي

Abstract EN

This paper talks about the harm's rulings that results from the proximity of residents in homes and other facilities, and how "Sharia" and Islamic jurisprudence look at this issue, and how the judiciary resolves disputes between people related to it.

It's divided in two sections: the first is the harm of the neighbor related to harming the neighbor as a person, and what harms his walls.

The first of them talks about harming the neighbor with smoke and fire, like 'Threshing places' (place used to separating out grain by the feet of people) in front of the houses, and unpleasant smells that harm and disturb the neighbors, such as 'stables'(building in which livestock, especially horses(, and tannery to tan leather and others, and the altar for slaughtering and skinning animals, and what follows from the smell and dirt that repels the inhabitants, and also talks about what harms the walls and weakens them by digging a well and taking a toilet near the neighbor's wall, and planting trees whose branches and branches exceed the neighbor's property.

The second topic: It talks about the harm of the neighbor related to the building, such as the damage inside the neighbor as a result of the height of his neighbor's building, which prevents him from sunlight and air, and opening windows and balconies overlooking the neighbors that reveal the nakedness of the houses, and also shops that harm the inhabitants.