Situation and basics of evaluation of environment and necessity of confrontation to the pollutants in Islamic Jurisprudence

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Abstract

Environment, in juristic analysis, is among the values that their protection, in the frame of religious purposes, is necessary and confrontation with any threats against them is obligatory. The preparation and continuation of public interests which are purpose of divine law, classify into three levels of Necessities, Needs and Improvements, so that each one is somehow correlated with protecting environment. Maslahat (Public interest) is believed to be the protection of religious purposes and sadde zarieh (Prohibition of evasive legal device) is thought to be the prohibition of detrimental behaviors to legal public interests. Accordingly, Maslahat and sadde zarieh are considered as two theoretical basis of environment evaluation and repulsion of corruptions and harms from the environment. These theories that evidently relate to the rules such as “no loss” can be, on the whole, legal basis for providing the comprehensive and stable national system concerning environment, and Islamic support for active participation in regional and international programs about environment.

Keywords

Journal of Studies in Islamic Law & Jurisprudence
Volume 6, Issue 10
July 2014
Pages 7-30

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