2901. It is permissible to walk on roads which are constructed on the houses and properties which belong to people, and have been forcibly destroyed by the government and a road has been constructed in their place. However, it is not permissible to exercise discretion over the interests of the property without the consent of its owner.
2902. Mosques which lie in the path of a road, and become a part of the road, obligatory precaution dictates that the precepts of mosques should be observed with respect to them. However, in the event that it becomes najis, it will not be obligatory to make it §¡hir.
As for the waqf properties which lie in the path of a road, they do not cease to be waqf, and it is not permissible to exercise any discretion with respect to them without the permission of its particular care-taker, or the hakim al-shar’iyy or his deputy.
2903. It is permissible to cross or pass by a land that is given in waqf for the general public, such as mosques which lie in the path of a road. As for properties that are given in waqf for particular individuals, such as properties which have been given in waqf for one's children or for schools, it is problematic to do so.
2904. If the area of a mosque which remains after a road has been constructed over it is large enough to accommodate for prayers and other acts of worship, the precepts of a mosque will be applicable to the remaining area. Any form of usage that conflicts with its being a mosque in the general understanding of observant Muslims is not permissible.
2905. If a graveyard that lies in the path of a road, becomes a part of that road, and its land is the property of a private individual, its precepts are the same as the precepts or private properties, the details of which were elaborated in the first article (in this section). However, if it is a waqf, then its precepts have been elaborated in the second and third article, unless crossing or passing by the land amounts to violating the sanctity and honor of Muslims who have been buried in the graveyard. In this case it will be forbidden to cross that land.
However, if it is not a private property, nor has it been given in waqf, then it is permissible to exercise discretion over it as long as it does not amount to violating the sanctity of the dead.
In the first case, it is not permissible to exercise discretion over the interests of the remaining property without the permission of its owner. In the second case, it requires the permission of the particular care-taker, and in the event that he is not available, it requires the permission of the hakim al-shar‘iyy or his deputy. In the last case, permission is not required for exercising any discretion over it.
