Neighboring rights: an analytical and comparative study of window openings from the perspectives of Afghan Civil Code and Hanafi Jurisprudence (Fiqh)

Fazli, Fazal Hadi and Maidin, Ainul Jaria and Omoola, Sodiq (2025) Neighboring rights: an analytical and comparative study of window openings from the perspectives of Afghan Civil Code and Hanafi Jurisprudence (Fiqh). Al-hikmah: International Journal of Islamic Studies and Human Sciences, 8 (1). pp. 15-39. E-ISSN 2637-0581

PDF - Published Version Restricted to Registered users only Download (5MB) | Request a copy

Abstract

This research analytically and comparatively discusses the principles of window openings in residential buildings from the perspectives of Afghan Civil code and Hanafi jurisprudence (Fiqh). Every Muslim is obligated to respect the rights of their neighbors and ensure that the window openings does not lead to intrusions into their neighbors’ private lives. The Afghan Civil Code and Hanafi jurisprudence have specific regulations that require maintaining a minimum distance between windows and neighboring properties. The aim of this research is to clarify the principles of the Afghan Civil Code, Hanafi jurisprudence, and ethics concerning the protection of neighbors' rights and privacy, as well as to strengthen social order and prevent the potential harm and disputes. The significance of this research lies in presenting a balanced perspective between modern and traditional values in Afghan society, emphasizing that in window openings all Islamic, legal, and ethical principles and boundaries should be considered in the context of window placement. This research employs a doctrinal method along with descriptive, critical, and analytical approaches. It utilizes primary sources such as the Holy Quran, hadith, Afghan Civil Code, and other relevant national laws. Additionally, secondary sources including legal dictionaries, legal and jurisprudential books, articles, and relevant websites, have been thoroughly considered. All pertinent sources have been critically analyzed. This research provides specific guidelines regarding the principles of window openings and outlines how these can align with statutory and jurisprudential standards. Through its findings, the study aims to foster great respect for neighbors’ privacy and propose appropriate solutions for resolving legal disputes.

Item Type:	Article (Abstract)
Additional Information:	1875/119993
Uncontrolled Keywords:	Neighboring rights, window opening, Privacy, Civil Code, Hanafi Jurisprudence
Subjects:	BPK Islamic law. Shari'ah. Fiqh K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP1468 Social laws and legislation
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr Ainul Jaria Bt Maidin
Date Deposited:	03 Mar 2025 12:09
Last Modified:	03 Mar 2025 12:09
URI:	http://irep.iium.edu.my/id/eprint/119993

Actions (login required)

View Item