Ruling on Compensations Received for a Street`s Delineation and Acquisition

Answered according to Shafi'i Fiqh by Darul Iftaa Jordan
We own a plot of land in which a public street was delineated back in 1983 and opened in 2015. We claimed a compensation for the trees, but it was turned down and we were told that the trees were planted after the street had been delineated. However, we were givennew trees instead. We were also compensated for the cesspools (or leaching pools). What is the ruling of Sharia on the compensation received for the trees planted after the delineation? In addition, what is the ruling on the compensation against the cesspools, whichwere dug before and after the delineation? Moreover, is it permissible that we use the cesspools that are still functioning, although we have received a compensation for them? Also, what is the ruling on the money received as compensation in case it was proven that it wasn`t a right of ours?

All perfect praise be to Allah, The Lord of the Worlds and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

In light of Islamic Jurisprudence, receiving compensation against damage is lawful, but there is no room, here, for further elaboration. The Glorious Quran contains many an evidence sanctioning the reception of monetary compensation, and Muslim jurists have put this rule into effect. Almighty Allah, said, "and pay compensation to the deceased’s family"{An-Nisa`, 92}. In this verse, Allah, The Exalted, confirms the principle of monetary compensation in case of accidental killing.

As understood from the above question, it seems that the street was delineatedbefore the trees were planted and the cesspools were dug. Accordingly, this outlined area becomes a place for the common good, and so the owner of the land is entitled to a compensation againstthat area, and whatever is built, planted or dug after 1983 represents an act of aggression against public property and no compensation is due as a result. Rather, that owner is accused of aggression and misconduct. In addition, any compensation, which the owner received for the trees planted after 1983 or the cesspools dug after 1983, should be givenback and he should also be held liable for any damage there. However, the compensation received for the trees planted after 1983 as well as the cesspools dug after 1983 is lawful. And Allah knows best.

This answer was collected from the official government Iftaa Department of Jordan.

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