Shariah and Bulit Environment
Mohd Dani Muhamad
Jumlah muka surat: 171
In the old Islamic urban setting muftis and qadis played an important role in settling any crisis concerning the built elements in their community. There were no specific written guidelines to help each individual in fabricating their built environment, it was up to each individual to build his dream house any way he likes.
However, individuals realized that they did not have absolute rights to do as the pleased. Rather their rights were restricted in order not to conflict with the rights of others or of society. Once an immediate neighbour or neighbours protested, they brought their case to the mufti or qadi to settle it once and for all.
The authority, with the consideration of the public interest (maslahah), would give a judgement in favour of what was in the best interests of the people and society of that time and place. Hence the importance of the axiom "La darar wa la darar" that is applicable regardless of time and place.
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