a non-Muslim’s building rising above a Muslim’s, which is not permissible. If the two partners raise the building, it must be demolished. A Muslim may not use a Muslim’s standing as a means of elevating a non-Muslim above a Muslim. Whoever enters into partnership with a non-Muslim or employs him, seeking to use the standing of Islam to elevate him above Muslims, has dishonoured Islam and deserves to be humiliated in accordance with Islam. Allah knows best.
He was asked:
A jointly owned orchard has been divided, and one of the two partners wishes to build a wall between his property and his partner’s. The other refuses either to let him build or to join him in the construction.
He answered:
He must be compelled to do so. The land needed for the wall is to be taken from each partner’s plot in proportion to his share.