What is the ruling regarding the assignment (*iqta'*) of public spaces like marketplace seats, wide roads, and mosque courtyards?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
The assignment of public spaces (*iqta' irfaq*), such as marketplace seats and mosque courtyards, is permissible for the Imam to grant to those who occupy them first. This is based on the Imam's discretionary judgment (*ijtihad*), as long as their seating does not obstruct passersby. The recipient of this assignment does not gain full ownership; rather, they gain a right to use the space preferentially over others, similar to someone who claimed the space first without official assignment. However, this preferential right differs from the right gained by mere precedence: if the assignee removes their belongings, their right does not extinguish, unlike the one who claimed by precedence, whose right is lost upon removal of their belongings. The ruling regarding shading oneself with non-building materials and prohibiting construction remains the same as for the one who claimed by precedence.