Is permission from co-owners necessary for utilizing the overhead space of a jointly owned road?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 3 · Bab 1

Open in Qurani

Primary text

The opinion contrary to the prohibition holds that since this constitutes building in a shared right, if some co-owners prohibit it, it is not permissible without their authorization, similar to extending such a structure over jointly owned space. The right of an individual human being cannot be disposed of by another without their permission, even if the right is merely potential or non-actively asserted, just as it cannot be done if the right holder actively forbids it.