تأصيل المسؤولية عن مضار الجوار في الشريعة الإسلامية والقوانين الوضعية

أ. محمد, بعاج; أ. مخلوف, تربح

مجلة الدراسات الإسلامية
Volume 3, Numéro 4, Pages 196-216
2014-09-15

تأصيل المسؤولية عن مضار الجوار في الشريعة الإسلامية والقوانين الوضعية

الكاتب : أ. محمد بعاج . أ. مخلوف تربح .

الملخص

Neighbourhood is an eternal social phenomenon that appeared first at the dawn of history with the very existence of humans on Earth. It represents a spatial or geographical location in which people and their belongings are all gathered. Even tough neighbourhood is a communication sphere where all individuals are constantly in a behavioural contact, the issue of having a man living together with another one or with other groups eternally, day and night, is likely to cause many problems. This might be interpreted by the divergences in mindsets and thoughts. Thus, the theme of neighbourhood has been given great importance due to its remarkable impact on the real daily life of people. The nature of neighbourhood gives rise to several habits that need to be clarified and judged according to Islamic rules and human laws, particularly in case of conflicts and disputes. In such cases, both Islamic science and law should intervene to solve the problems on the basis of convincing evidence that could be later regarded as a reference used to deal with conflicts arising among neighbours, especially in terms of the ever-increasing unusual neighbourhood inconveniences resulting in a real social and legal problem that should be explored with the utmost care.These newly appeared unusual practices require a strict use of the legal system in order to tackle this thorny problem threatening seriously the existence of neighbourhood relationships. Experts in law have always agreed unanimously on the necessity of recognizing the responsibility of neighbours vis-à-vis unusual inconveniences of neighbourhood, though they have completely disagreed over the identification of the premises on which this responsibility is built. In fact, knowing the appropriate legal foundation makes us prove the existence or non-existence of this responsibility and enables us to assess the amount of compensation for damage in case of the occurrence of neighbourhood inconveniences.