Is it permissible to construct a shop (dukkān) in a public thoroughfare?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is impermissible to construct a shop in a public thoroughfare, without any known dispute regarding this ruling. This prohibition applies whether the road is wide or narrow, and whether the ruler (Imam) has given permission or not. The basis for this prohibition is that it constitutes construction upon the property of others without their consent, and it causes harm and constriction to passersby, potentially leading to tripping and falling, similar to a narrow road.