Haqq al-irtifaq

Definition of "Haqq al-irtifaq"

Lit: The right of utilization or easement. Tech: The right to derive benefits gratis from the immoveable property of someone else. The right has been recognized by the shari‘ah in the spirit of generosity that members of a community should display toward each other. Following are important classes of this haqq: (i) The right to obtain drinking water for self and animals from the canal privately owned by someone else, known as haqq al-shurb. (ii) The right to fetch canal water from across the land owned by someone else, known as haqq al majra. (iii) The right to drain out waste water over the property of someone else, known as haqq al-masil. (iv) The right of access to one’s own property across the property of someone else, known as haqq al-murur. (v) The right of stopping the neighbour from carrying out such modifications in his property that may cause harm to oneself, known as haqq al-jiwar.