The Effect of the Air in the House on the Rulings Regarding its Sale in Islamic Jurisprudence 10.35781/1637-000-163-004

Abstract

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This study focuses on the impact of the airspace above a building on the rulings concerning sales: a comparative study, particularly as it relates to the legal maxim: "Airspace follows the building's structure." Therefore, this study will answer questions concerning the meaning of "airspace following the building's structure" through four sections: Section 1: Inclusion of the upper floor in the sale of a building. Section 2: The owner's right to own only the roof.

Section 3: Ownership of apartments within the airspace before the final form and structure of the building are approved.

Section 4: Ownership of the airspace above the building's structure and its separate disposal. This section includes two subsections: Ownership of the airspace and the separate sale of the airspace. The conclusion summarizes the most important findings of the research

1. Islamic legal evidence indicates that the airspace above a place is considered part of it, and that the airspace belongs to the owner of the property.


2. The principle "airspace follows the property" has been expressed by jurists in various ways, including: "The ruling on airspace follows the ruling on buildings," "airspace follows the property," "Whoever owns land owns the airspace above it to the highest possible extent," and "airspace is like a property."


3. The relationship of the principle "airspace follows the property" to Islamic legal objectives and interests lies in its being one aspect of the necessary objectives legislated to meet people's needs, provide them with ease, and alleviate hardship and difficulty.


4. The ruling of what is subordinate follows the ruling of what it is superior to, because what is subordinate to something else in existence follows it in its ruling. It follows from this that whoever owns land owns what is above it and what is below it, because the ruling on what is below it follows the ruling on what is above it.

5- The roof of the house is considered part of it, and therefore has the same legal status as the house. Thus, if someone swears not to enter so-and-so's house and then stands on its roof, he has broken his oath.The upper part of the house is considered part of it and is included in its sale. Therefore, it is permissible to sell the built upper floor or the airspace above it separately, because it is the property of the seller, just like the land, and the airspace above it is considered part of the property.Keywords: airspace, house, sale, upper floor, grounds, building.