🏛 Ruinous Buildings: Responsibilities and Liabilities in Islamic Jurisprudence
Definition
In Islamic jurisprudence, the term ruinous buildings refers to structures that are in a state of disrepair or decay to the extent that they pose a threat to the safety of those around them. It encompasses any wall or part of a building that is likely to collapse, potentially causing harm.
Etymology
The term “ruinous” derives from the Latin word “ruinosus,” meaning “full of falling down.” In Arabic, this may be referred to as “حائط منهار” (ḥāʾiṭ munhār), directly translating to “collapsed wall.”
Background
The principles governing the responsibilities and liabilities for property maintenance in Islamic law are rooted in ensuring communal safety and welfare. The Hidāyah, a classical manual of Islamic jurisprudence by Burhan al-Din al-Marghinani, outlines these responsibilities comprehensively. Published under Charles Hamilton’s translation and commentated by William Jones and later Grady, the Hidāyah serves as an essential reference for the Hanafi school of thought.
Responsibilities and Liabilities
- Owner’s Responsibility: The owner of a ruinous wall or building is held accountable for any accidents caused by its collapse. This responsibility is legally enforceable upon receiving due warning and a requisition to pull it down.
- Warnings and Requisition: A formal warning must be provided to the owner, giving them the opportunity to rectify the situation. The failure to comply places the onus entirely upon them for any subsequent damages.
- Crooked Wall Liability: Similarly, the construction of a crooked wall that later falls and causes damage holds the builder accountable.
- Exceptions: The owner is not liable for accidents resulting from falling articles unless those items directly belong to them.
Cultural Differences and Similarities
Differences:
- Western Law: In many Western legal systems, building codes and regulations dictate property maintenance. Neglecting these codes can lead to similar liabilities, though the approach and enforcement may differ.
- Ownership Rights: In contrast to Islamic jurisprudence, some Western contexts may have more comprehensive insurance protections.
Similarities:
- Universal Concern: Both Islamic and Western laws emphasize the importance of safety and communal welfare.
- Notifications and Compliance: Both legal systems often require notification before liability is imposed, showing a universal fairness principle.
Synonyms
- Dilapidated Buildings
- Unsafe Structures
- Hazardous Constructions
Antonyms
- Sturdy Buildings
- Safe Constructions
- Well-Maintained Properties
Related Terms
Hidāyah (الهداية)
- Definition: A classical comprehensive text on Islamic jurisprudence.
- Usage: Outlines various aspects of property law and owner responsibilities.
Qur’an (القرآن)
- Definition: The holy book of Islam, which includes various directives on societal responsibilities.
Fiqh (فقه)
- Definition: Islamic jurisprudence, the understanding of Islamic laws derived from the Qur’an and the Sunnah.
Exciting Facts
- Contribution to Modern Law: Principles from texts like the Hidāyah have influenced contemporary laws in various Islamic countries.
- Preventive Measures: Islamic law places significant emphasis on preventive measures, reflecting deep concern for public safety and justice.
- Practical Relevance: Modern cities with historical buildings often reflect similar disputes and maintenance concerns.
Quotations
From the Hidāyah:
“Any person responsible for a destructive wall shall bear the weight of its fall, once warned. From this, liability arises through neglect of communal duty and endangerment of life.”
Notable Scholar:
- Ibn Khaldun: “A man who neglects the upkeep of his property jeopardizes not only his holdings but the safety of his neighbors.”
References and Further Reading
- Al-Marghinani, Burhan al-Din al-‘Ali. Hidāyah.
- Schacht, Joseph. An Introduction to Islamic Law.
- Kamali, Mohammad Hashim. Principles of Islamic Jurisprudence.
- Coulson, Noel James. A History of Islamic Law.
- Bassiouni, M. Cherif. The Islamic Criminal Justice System.
Inspirational Farewell
May your quest for knowledge continuously shed light on the timeless principles that uphold justice and communal safety. Let us take inspiration from these ancient legal tenets to build a future grounded in respect and responsibility.
