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

_{One of them cannot build a room here without the other’s permission. If ten rooms of a house belong to someone and one room belongs to someone else, the roof or the garden is shared on a fifty-fifty basis.” It is written in the same book: “Each of the two floors of a building has a different owner. If the lower floor collapses, its owner cannot be forced to repair it. The owner of the upper floor can repair the lower floor if he wants to. The owner of the lower floor will not be allowed to enter his house unless the other, if he has repaired it with the court’s decision, is paid his expense, or, if he has repaired it by himself, he is paid the value of the built floor. The owner of the upper floor can build another floor on his floor provided it will not harm the lower floor.}

_{In its discourse on the disasters incurred by the hand, the book entitled al-Hadîqa writes: “To take another’s property without his permission or by force is called ghasb (extortion). As it is harâm to practise ghasb, so is it to use property extorted. Also, it is harâm to take and use another’s property without his permission even if the property has not been defected or damaged and returned. It is not permissible to use property or money which has been lent to one as a vedî’a or which another person has extorted, in trade or elsewhere, and to make a profit from it. What he earns from it becomes harâm. He will have to give it as alms to the poor. It is harâm to take and hide someone’s property or money even if it is done as a joke, for the owner will be sorry if it is done. It is harâm to torture someone.” In Fatâwâ-i Fawziyya, it is said that, if a father, without necessity, takes and uses the money belonging to his small children for himself, the children may ask him to indemnify it when they grow up. If the father is in need, then using the money becomes jâ’iz (permissible).}