SOCIAL JUSTICE, EQUALITY, HUMAN RIGHTS AND FREEDOM (I)

_{People who have observed Islamic laws admire Islam, seeing the great importance it lays upon social justice, equality, human rights and freedom. To show how meticulous Islam is concerning human rights and freedom, we deem it appropriate to extract a few chapters from the book Majalla and write them below:}

_{1192— Everybody uses his property as he wishes. But if another’s right is involved, this usage of his will be limited. For example, in Islam there is the right to own a floor (of an apartment building). But, as the owner of the upper floor has a right upon the foundation of the building, so the owner of the lower floor has a right upon the roof. None of them can demolish his own floor without the other’s permission.}

_{1194— He who owns a plot of land is also in possession of the space above it and of the earth below it. He can build a house as high as he wishes or dig a deep well.}

_{1196— If the branches of the trees in a garden go as far as the neighboring house or garden, then the neighbor has the right to ask them to be pulled back or cut off. But, he cannot ask them to be cut off on the ground that their shadow is stunting the vegetables that he is growing in his yard. Âtıf Bey, in his explanation of this clause, in 1330 [1912 A.C] said: “The neighbor, by either addressing the neighbor or applying to the court of law can have them pulled back or cut off. Without making such an application, he can himself cut them off as well. If he causes}

_{damage to the parts not crossing the border, then he indemnifies; he pays. If he cuts off branches which can be pulled back, he indemnifies in this case also. After he addresses the owner of the trees, if the owner does not pull them away, then he has the right to cut them off as well as the right to ask the tree owner to pay for the expense gone to during the cutting.”}