Is the landowner obliged to accept compensation for a building erected without permission?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the landowner offers compensation (value) to the builder, the builder is compelled to accept it, provided that demolishing the structure serves no valid purpose, as demolition would be considered folly. This view is supported by the narration transmitted by Al-Khall, through his chain of narration from Al-Zuhri, from Urwah, from Aisha, who reported that the Messenger of Allah (peace be upon him) said: "Whoever builds on the land of a people with their permission, he is entitled to the value (compensation), and whoever builds without their permission, he is entitled to demolition." This is because the situation involves a mutually agreed-upon exchange, and one cannot be compelled into such an arrangement.
Supporting text
The sounder opinion holds that the builder is not compelled to accept compensation when the construction was done without permission, based on the principle that compensation constitutes a mutual agreement, and no party can be forced into it.