Must a newly constructed building by a dhimmi be shorter than adjacent Muslim buildings?
General Chapter
Al-Mughni
Book of Jizya
Primary text
A dhimmi who constructs a new building is prohibited from making it taller than the adjacent buildings of the Muslims. This ruling is based on the tradition that Islam prevails and is not prevailed over (Islam ya'lu wa la yu'la). Furthermore, elevating the structure constitutes a form of superiority over Muslims, which is forbidden for dhimmis, similar to their prohibition from taking the head seats in gatherings and being restricted to narrower paths.
Supporting text
There are two views regarding whether a dhimmi's construction is permitted to be equal in height to that of Muslims. One view permits equality because it does not constitute an elevation over the Muslims. The second view prohibits equality, citing the tradition that Islam prevails and is not prevailed over, and drawing an analogy to the prohibition against dhimmis matching Muslims in clothing, hairstyle, and riding mounts.