Habib I. I. Legal regulation of neighbor’s rights: A comparative study between Islamic jurisprudence and civil law

Abstract

              A neighbor is defined as any person who lives near you, and the legally recognized extent of neighborhood is determined by customary practice. Neighbors are classified into three categories: the first has three rights—the Muslim neighbor who is also a relative, and thus entitled to the rights of neighborhood, Islam, and kinship; the second has two rights—the Muslim neighbor who is not a relative, and thus entitled to the rights of neighborhood and Islam; the third has only one right—the right of neighborhood, which includes non-Muslims who are not relatives. Every Muslim is required to respect their neighbor and treat them well in financial dealings, avoiding any harm. Moreover, they should be patient with any harm caused by the neighbor. Failing to do so may require compensation for any material or moral harm caused. This is based on the principle of kindness to neighbors, which is emphasized in both religious law and civil law. In other words, it stems from the principle of acting in good faith in rights and obligations, as this contributes to reform and happiness in both this life and the hereafter.