The right of servitude in Islamic law

Sulaiman Wail Khareef Al-Tuwaijri Conclusion and the most important research results and recommendations. As for the research results, they are: (1) Servitudes rights: everything that is established for a party on others from beneficial matters that the company accepts in it. (2) The common terminology among legal experts using the expression of rights granted to one property over another as "servitudes rights" is a recent term aimed at addressing a number of rights that are agreed upon as established for one property over another. (3) Jurists usually use "drinking" to include watering the land and crops, not just drinking for humans and their animals, which they call "shafa." (4) Benefiting from public waters that are not owned is permissible for everyone without discrimination, because water is originally permissible and unowned, but it may be owned through seizure and possession, which is called ... (permissibility), and purifying public waters is among the property. (5) Private river waters, such as a river running through a person's property, do not grant the public any rights except for drinking for themselves and their animals, which is the "shafa" right, and the costs of cleanliness fall on their owners. (6) The right of intervention is a fixed right for one property over another that authorizes its owner to direct its water to the other. (7) The right of conveyance is the right to drain excess water from the high land to the benefited land or through it to a public drain. (8) The right of passage is what is established for a land to have the right to pass to another adjacent land, and the right of passage may be established on a shared property that is not owned, as in the case of passing on public streets and roads that are not owned. (9) The right of neighborhood is a fixed right for one land over an adjacent land, which results in restricting each owner in their actions and dealings in their property, preventing any action that harms the neighbor, and thus it is a passive right in most cases. (10) The right of elevation or superiority: is the right of the upper part of a building, which consists of two or more consecutive structures above each other, to rise and settle on the lower building, which is owned by others. (11) The causes of servitudes rights in Islamic jurisprudence are general partnership, monetary compensation and stipulating the right of servitude in a compensation contract, donating the right of servitude, establishing the right of servitude due to necessity, reviving the dead land, neighborhood, and purchasing elevation.