The rulings of demolition and invalidation in Islamic jurisprudence

Khaled Al Said Rules of demolition and annulment in Islamic jurisprudence by Khaled bin Abdullah Al Said Recently published book "Rules of Demolition and Annulment in Islamic Jurisprudence: A Comparative Jurisprudential Study," authored by: Dr. Khaled bin Abdullah bin Abdulrahman Al Said, Introduction: Dr. Hisham Qureisa, Published by: Dar Ibn Al-Jawzi for Publishing and Distribution. And the origin of this book is a scientific thesis submitted by the researcher to obtain a doctorate from Al-Zaytouna University in Tunisia, It discusses matters related to rulings concerning acts, deeds, and contracts that are carried out contrary to Sharia, Their ruling is nullification, and nullification is either demolition or annulment, And annulment is itself a form of demolition, but it is a legal demolition, Because false acts, contracts, and transactions cannot continue and must be demolished, Since their establishment was not based on religious or lawful permission. The importance of this thesis appears in its connection to the affairs of Muslims in worship and transactions, Especially as it relates to rulings concerning acts outside the scope of Sharia, which necessitate their nullification, What is physical in nature is demolished, such as building without a license in areas requiring licensing, Or building on public property for private purposes, Or building in dangerous places like riverbeds, Or building an extension to a house that causes narrowing of the road, Or a leaning wall that may pose a danger to passersby, Or building on usurped land, All of these are subject to demolition. As for what is intangible, such as invalid contracts, obligations, and unlawful acts outside the scope of Sharia, Their ruling is annulment, meaning: canceling these contracts and dissolving their connections, Among these contracts are those concluded by the Islamic state with other countries in international relations, such as peace, truce, and trade agreements, If the situation with these countries leads to great corruption or the expectation of it with a high probability, Muslims have the right to abandon and annul these contracts. This also includes compensation contracts, such as sales, If the subject of the contract — whether price or commodity — is impure, unknown, non-beneficial, impossible to deliver, or if one of the contracting parties lacks the capacity to contract due to a defect such as insanity, madness, minor age, foolishness, bankruptcy, drunkenness, or terminal illness, then this contract is invalid, and its legal effects do not apply, It can also be annulled by mutual consent between the parties, called (Iqala) or (mutual annulment), which involves returning each party’s consideration to its owner, the price to the buyer, and the commodity to the seller, Most often used before the delivery of the item. Similarly, contracts of leasing, marriage, charity, and donations, All these contracts can be annulled for justified reasons clarified by jurisprudence. Regarding the annulment of rights, Some rights, such as (the right of pre-emption), (guarantee), (inheritance), and (divorce), are subject to causes that necessitate their nullification and annulment, With differences among schools in their rulings, And jurisprudence books have detailed and explained these causes, The researcher pointed to them and examined their causes and consequences. The researcher concluded his thesis with a chapter titled: (Annulment of rulings in Islamic policy), Intending to include annulment of judicial and fiscal rulings, This is of great importance, As most issues in this chapter relate to bringing about benefit and preventing harm, And matters related to establishing Hudood and Ta’zeer punishments, As well as ensuring justice for the oppressed against oppressors, Especially if the oppressor is from the authorities, And matters related to the relationship between the Islamic state and other states during peace and war, And also includes commercial relations and others. The study was introduced with a preamble, an introduction, two main sections, under which several chapters and discussions, and a conclusion. Here is their outline: Preliminary section: Introduction: First discussion: The reality of demolition: First requirement: Definition of demolition. Second requirement: Related terms. Second discussion: Legitimacy of demolition and its wisdom: First requirement: Legitimacy of demolition. Second requirement: Wisdom behind the legitimacy of demolition. Third requirement: The state undertakes to demolish what is legally deserving of demolition when there is fear of greater corruption. Third discussion: Types of demolition and annulment: First requirement: Actual demolition. Second requirement: Conceptual (estimative) demolition. First main section: Rulings of demolition in Islamic law (actual demolition). First chapter: Demolition of places of worship and related effects. Introduction: First discussion: Demolition of churches and ancient temples. First requirement: Definition of ancient temples. Second requirement: Rulings on churches and ancient temples regarding demolition or not. Third requirement: The ruling on renewing what has been destroyed from churches and ancient temples. Second discussion: Demolition of mosques: First requirement: Demolition of the Mosque of the Malicious and boastful. Second requirement: Demolition of a mosque if its benefits are suspended. Third requirement: Collapse of the mosque. Third discussion: Collapse of the Kaaba: First requirement: Demolition of the Kaaba and rebuilding it on the foundations of Ibrahim (peace be upon him). Second requirement: How to perform Tawaf around the Kaaba if it collapses. Third requirement: Demolition of structures built on the sacred land. Fourth discussion: Effects of demolishing places of worship: First effect: Effects of demolishing mosques and their suspension. Second effect: Effect of the collapse of the Kaaba. Third effect: Suspension of the designated direction (Qibla). Fourth effect: Effects of demolishing churches. Second chapter: Demolition of means of shirk (polytheism) and glorification and related effects. First discussion: Demolition of idols, statues, and images: First requirement: Definition of idols, statues, and images, and the difference between them. Second requirement: Demolition of idols and statues. Third requirement: Demolition of images and pictures. Fourth requirement: Possession and use of images. Second discussion: Demolition of structures built over graves: First requirement: Demolition of what has risen above the grave. Second requirement: Demolition of structures on graves. Third requirement: Demolition of domes built over graves. Fourth requirement: Demolition of mosques built over graves. Third discussion: Effects of demolishing manifestations of shirk and glorification: First requirement: Protecting monotheism. Second requirement: Endowment for building a mosque on a grave. Third requirement: Nador (vow) to build on graves. Fourth requirement: Prayer in mosques built over graves. Fifth requirement: Exhumation of the grave if built inside the mosque. Sixth requirement: Demolition of the mosque if built over a grave. Seventh requirement: No compensation for demolishing a prominent grave. Eighth requirement: Compensation for destroying images and cameras. Ninth requirement: Ruling on compensation for destroying idols and similar objects. Tenth requirement: Ruling on dealing with the ruins of endowments. Fourth chapter: Demolition of what causes harm and related effects: Introduction: First discussion: Definition of harm, and the Islamic Sharia rules concerning it: First requirement: Definition of harm. Second requirement: Islamic Sharia rules regarding harm. Second discussion: Harming-related demolition issues: First requirement: Demolition of places of sin and places of evil. Second requirement: Demolition of parts cut off from the Muslim road. Third requirement: Demolition of abandoned old buildings. Fourth requirement: Demolition of graves built on endowment land. Fifth requirement: Demolition of structures built on usurped land. Sixth requirement: Demolition of baths to avoid facing the Qibla. Seventh requirement: Demolition of structures built on the banks of a river. Eighth requirement: Demolition of leaning walls. Ninth requirement: Demolition of the porch or canopy in the accessible road. Tenth requirement: Demolition of what harms public interests. Eleventh requirement: Demolition of a house built on a mosque wall. Third discussion: Effects of demolishing harmful structures: Introduction: First requirement: Harm resulting from demolishing usurped property and its rent. Second requirement: Returning the item or its value in case of usurpation and its guarantee. Third requirement: Falling of walls or canopies and similar structures into the path of Muslims. Fourth chapter: Demolition of shared benefits. Introduction: First discussion: The meaning of shared benefits: First requirement: The linguistic meaning. Second requirement: The technical (jurisprudential) meaning. Second discussion: Demolition of shared benefits: First requirement: Collapse of upper and lower parts. Second requirement: Collapse of the shared wall. Third requirement: Collapse of the wall embedded with the neighbor’s timber. Third discussion: Effects of demolishing shared benefits: First requirement: The effect of collapse of the upper part without the lower if they are shared. Second requirement: One partner demanding the other to build a shared wall after its collapse. Third requirement: The effect of one partner demolishing the shared wall without the other’s permission. Main section two: Rulings of annulment in Islamic law (legal or conceptual demolition). Introduction: Sharia objectives of annulment. First chapter: Annulment of contracts First discussion: Annulment of security contracts: First requirement: Annulment of truce contract. Second requirement: Annulment of the covenant contract. Second discussion: Annulment of exchange contracts: First requirement: Annulment of sale contract. Second requirement: Annulment of lease contract. Third discussion: Annulment of charity and donation contracts: First requirement: Annulment of marriage contract. Second requirement: Annulment of endowment (waqf). Third requirement: Annulment of will contract. Second chapter: Annulment of rights: Introduction: First discussion: Definition of rights: First requirement: Definition of right. Second requirement: Types of rights. Second discussion: Annulment of pre-emption right and its forms: First requirement: Definition of pre-emption. Second requirement: Annulment of pre-emption right. Third requirement: The impact of annulment on pre-emption right. Third discussion: Annulment of inheritance right: First requirement: Definition of inheritance. Second requirement: Collective death nullifies inheritance. Third requirement: Lian (mutual cursing) nullifies inheritance. Fourth requirement: The impact of annulment on inheritance right. Fourth discussion: Annulment of divorce right: First requirement: Definition of divorce. Second requirement: The intended meaning of the term "demolition" in divorce according to jurists. Third requirement: Demolition of irrevocable divorce by three (talaq) when the woman marries another and consummates the marriage. Fourth requirement: Demolition of divorce by the husband for less than three (talaq) when she marries another and consummates the marriage. Fifth requirement: Annulment of divorce due to Zihar (pre-Islamic form of divorce). Sixth requirement: The impact of annulment on the right of divorce. Main section three: Annulment of rulings in Islamic policy. Introduction: First discussion: The concept of Islamic policy: First requirement: Definition of Islamic policy. Second requirement: Scope of Islamic policy. Second discussion: Annulment of judicial rulings: First requirement: Cases where rulings are annulled. Second requirement: Cases where rulings are not annulled. Third discussion: Annulment of rulings based on ijtihad (juristic reasoning) and fatwa: First requirement: Definition of fatwa and ijtihad. Second requirement: Annulment of ijtihad or fatwa. Third requirement: Ijtihad or fatwa is not annulled by another ijtihad. Conclusion. The author is Dr. Khaled bin Abdullah bin Abdulrahman Al Said, a judge at the Court of Appeal in the Eastern Province of the Kingdom of Saudi Arabia.