Ownership dispute over the roof (ceiling/floor separating the units)
General Chapter
Al-Mughni
Book of Settlement
Primary text
When the owner of the upper unit and the owner of the lower unit dispute ownership of the roof structure separating their properties, both parties must engage in mutual oaths (tahalaf). Consequently, the roof becomes jointly owned between them. This is the position of Imam Al-Shafi'i. The reasoning is that the roof acts as a barrier between their two properties, and both benefit from it. It is not intrinsically connected to the construction of one over the other in the manner of the building structure itself; thus, it is treated like a wall separating two properties, where both have a claim.
Supporting text
Abu Hanifa holds that the roof belongs to the owner of the lower unit because the roof rests upon his property, making his claim stronger, similar to the ruling regarding a saddle on one's animal. A view attributed to Malik also supports the roof belonging to the owner of the lower unit. Another reported view from Malik suggests the roof belongs to the owner of the upper unit because he sits upon it, utilizes it, and cannot reside in his unit without it.