نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Environmental protection, based on the principles and rules of Islamic jurisprudence, possesses a dual nature encompassing both individual and governmental obligations. Given the unprecedented expansion of environmental issues in the contemporary era and the limited discussion of such matters at the time Islamic rulings were originally legislated, a fundamental question arises as to the extent to which jurisprudential principles—particularly the rules of no harm (lā ḍarar) and destruction (itlāf)—are capable of explaining liability arising from environmental degradation and its legal enforcement mechanisms.
The present study aims to address this question and to clarify the jurisprudential status of environmental protection through a descriptive-analytical method. In this regard, the jurisprudential nature of environmental resources and the possibility of classifying them within the domain of anfāl are examined. Furthermore, different forms of environmental damage are analyzed, and subsequently, relying on the aforementioned jurisprudential principles, the foundations of the liability of the damaging party and the relevant enforcement mechanisms are investigated.
The findings of the study demonstrate that these jurisprudential rules possess considerable capacity to provide a jurisprudential justification for civil liability arising from environmental destruction and may serve as an effective foundation within contemporary legal systems.
کلیدواژهها English
