Is it permissible for the residents of a non-thoroughfare alley to accept compensation for permitting construction into the alley's airspace?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 2 · Bab 1

Open in Qurani

Primary text

It is permissible for the residents of the alley to accept a known compensation (awad ma'lum) for allowing construction into the airspace. This is permissible because they grant permission, which is sufficient, just as if no compensation were involved. Furthermore, since the airspace is their property, they have the right to take compensation for it, similar to the ground (qarār) itself.

Supporting text

Al-Qadi and companions of Al-Shafi'i argue that accepting compensation is not permissible because it constitutes selling the airspace separate from the underlying land.