Can an individual claim private ownership over public thoroughfares, streets, squares, or open spaces between settlements?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
No individual may revive or claim ownership over public streets, roads, squares, or open spaces located between settlements, regardless of whether the area is wide or narrow, or whether the occupation restricts the public use or not. This prohibition is due to the fact that these spaces are shared by all Muslims and their welfare depends upon them, making them analogous to the mosques. However, permission is granted to utilize the wider spaces for buying and selling while seated, provided this does not impede anyone or harm passersby. This practice is accepted by the people of cities across all eras without objection. Furthermore, it is permissible utilization that causes no harm, and thus should not be prohibited, similar to the right of passage. Ahmad stated that whoever is the first to arrive at the market stalls in the morning has the right to that spot until the evening, which was the practice in the market of Medina previously. The Prophet, peace be upon him, stated: "Al-Muna (camping/resting place) is for the one who gets there first."
Supporting text
A person may shade themselves with items that cause no harm, such as a mat, chest, or cloth, due to necessity when there is no detriment. Building any structure, even a low bench, is prohibited because it restricts the public and causes those passing by, especially the blind, to stumble, and because its permanence might lead to a claim of ownership.