Is it permissible to construct a projecting balcony (rowshan) that extends into a public thoroughfare?
General Chapter
Al-Mughni
Book of Settlement
Primary text
It is impermissible to construct a projecting balcony (rowshan), which is a structure with beams protruding over the edges of the road, into an open thoroughfare, irrespective of whether it causes customary harm to passersby or not. By extension, constructing a covered passage (sabat) over the entire width of the road between two walls is also impermissible, even if the walls are one's property, or if the Imam grants permission.
Supporting text
Ibn Aqil permits it if there is no harm, provided the Imam grants permission, as the Imam acts as the deputy for the co-owners of the passage, making his permission equivalent to the permission of all co-owners in a non-cul-de-sac road. Abu Hanifa permits what causes no harm; however, if a Muslim objector raises an issue, it must be removed. Malik, Shafi'i, Awza'i, Ishaq, Abu Yusuf, and Muhammad permit it if it does not harm passersby, and no one has the right to prevent it, arguing that it is an utilization of space where no individual ownership is designated, without causing harm, similar to walking or sitting in the road.