
Legislative Rules of Islamic Law which Govern All Procedures and Measures for the Protection and Conservation of the Environment
1.
Protection, conservation and development of the environment and natural resources is a mandatory religious duty to which every Muslim should be committed. This commitment emanates from the individual's responsibility before God to protect himself and his community. It is also a common social duty which rulers, administrative and municipal agencies and organizations undertake in accordance with the responsibilities assigned to them.
2.
Religious awareness and guidance in this field is necessary so that each individual may take part in the protection and development of the environment and natural resources. The aphorism transmitted by tradition says, "All people are God's dependants and He loves most those who are the most useful and beneficial to their dependants"1. God says, "Do no mischief on the earth after it hath been set in order"2 [Quran 7: 56, 85] and "…but God loveth not mischief"3 [Quran 2: 205]. Any deliberate or intentional damage to the natural environment and resources is a kind of mischief or corruption that is forbidden by Islam. It is rather a kind of detestable impudence which every Muslim should shun, and which every ruler or supporter should prohibit, especially if it leads to or results in general damage. The aphorism transmitted by tradition says, "He who does not show concern for the interest and good of all Muslims is not a Muslim"4.
1.Related as a Prophetic tradition but it is a tradition of weak ascription.
4. Related as a Prophetic tradition but with weak ascription.
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3.
Religious awareness and Islamic guidance includes a call to all individuals, at all levels and by all possible means, to commit themselves to Islamic morals and manners in dealing with nature, the environment and the natural resources for their sustainable use and development. The best way to achieve this is by reminding all individuals of their following religious duties:
- No extravagance, excessive use or over-utilization;
- No illegitimate or unlawful attempt to destroying the natural resources;
- No damage, abuse, pollution or distortion of the natural environment in any way;
- Construction and development of the earth, its resources, elements and phenomena through the improvement and betterment of natural resources, the protection and conservation of all existing forms of life, the cultivating of land and the reclamation and cleansing of the soil, air and water.
4.
Ownership of all environmental elements is the common and shared right of all members of the Islamic community. Each is entitled to use and benefit from them without infringement, violation or delay of other members' equal rights. In this respect, needs and wants should be carefully and precisely assessed both qualitatively and quantitatively.
5.
Islamic law stipulates the interference of the ruling authorities for the good and interest of all people and to eliminate common mischief and corruption. This is their original and primary duty. This interference is also determined and limited by the general rules and implications of Islamic law and jurisprudence and by the actual, lawful tasks and responsibilities assigned to them. The juristic rule in this connection is "The leader's actions are determined and dictated by the common good". There is no doubt that a leader's actions may become illegitimate and unlawful if they are based on whim and absolute autocracy with no consideration for people's interests and the common good. The State's legitimate interference is aimed at favouring the actual and essential common interests, and at the protection of those interests against any other conflicting interests.
6.
The interests of the nation and the community should be preferred to the interests of individuals in the case of conflict. Any limited harm or damage to a particular individual could be accepted if it leads to a general avoidance and control of general damage to society and the environment at large. Similarly, overlooking, or even neglecting, private interest for the purpose of achieving and protecting the common interest of the public is the same as opting for the lesser evil and avoiding the greater damage by accepting the lesser. The juristic rule in this respect is "if two evils or mischief conflict, the lesser could be accepted to avoid and prevent the greater".
7.
Interests are to be assessed and classified according to their importance and urgency. There are fundamental interests, needed interests and luxury interests. Preference and priority should be given to fundamental interests if these conflict with needed or luxury interests. In the same way, priority should be given to needed interests if these conflict with luxury interests.
8.
Interests differ in degrees of actuality and urgency. There are actual or urgent interests, and projected or probable interests. It goes without saying that priority should be given to actual or urgent interests in case of conflict with any other projected or probable interests.
9.
Some actions help to achieve some interests, but they may bring about similar, even heavier, damage and mischief. The juristic or doctrinal rule in this connection is "Avoidance of mischief should be given preference and should come before the achievement of interests," because the first step towards the achievement and realization of the common good is to eliminate mischief.
10.
The primary duty of the ruler and his assistants, whether they are administrative, municipal or judicial authorities, is to do their best to realize the interests of individuals for the betterment of life and society as a whole. This also includes protection, conservation and development of the environment and natural resources. This process covers two major phases:
- Prevention of damage;
- Remedy of damage.
11.
The State has the right to take all measures and actions to avoid, prevent or minimize damage before it occurs in application of the following rules: "No damage or retaliation for such damage is allowed" and "annihilating all pretexts leading to mischief".
12.
The State has the right to take all necessary measures and actions associated with the elimination of actual damage, repair of its effects and provision of indemnity for it in application of the rules that "Damage or mischief should be eliminated and removed", "Damage or mischief should not be removed through similar damage or mischief", "Look for and resort to alternatives in case the original becomes impossible" and "obligation or necessity does not annihilate or delay the rights of others".
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