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3.3.6 Right of precedence Asbaqiya حق األسبقية Applying principle of damage led consequently to what can be called ‘right of precedence’. This is where the rights of the pre-existing buildings on a site should prevail over buildings that are built later (Akbar, 1984). This rule were supported and legalized through a fiqh principle that states that older established facts must be taken into account by adjusting to their presence and conditions10 (Hakim, 2001). Relationships between properties were organized through this principle, with respect to the rights of original or earlier usage.
The right of precedence may not result in an organized built environment in the common sense, but it will generate autonomous environment where all decisions were in the hand of the largest size residing party (Akbar, 1984). Each party realized its responsibility and rights in the physical environment. Agreements were the basis of the right of precedence (Akbar, 1984). This right establishes a chronological priority in the environ-
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ment. It makes it obligatory for actors to consider the pre-existing conditions before acting and to come up with innovative solutions to overcome the surrounding constraints. Thus,
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tions (Ben Hamouche, 2009a).
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the building process becomes a chain of specific solutions that exclusively fit their loca-
3.3.7 Servitude Irtifaq حق االرتفاق
Servitude is among two categories of properties discussed by Akbar (1988a): servitude (Irtifaq )االرتفاقand leasing (Intifa’ )االنتفاع. In the context of compact built form with very little public space, the right of servitude was established. Servitude occurs when a property is owned and controlled by one party and used by another (Akbar, 1988a). This is a principle that induces residents to facilitate to each other, by way of charity and benevolence, the mutual use of their properties (Ben Hamouche, 2009a). For example residents may have the right to discharge their rain water through their neighbor’s roof or inhabitants may have access to their property through their neighbor’s house.
(Hakim, 2001) القديم يترك على قِدَمِ ه10