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Preservation of the environment in the light of Jurisprudential rules

Document Type : Original Article

Authors

1 PhD student in Fiqh and Fundamentals of Islamic Law, Damghan Branch, Islamic Azad University, Damghan, Iran

2 Associate Professorof of Islamic Law and Jurisprudence, University of Semnan, Semnan, Iran

3 Assistant professor, law department, damghan branch, Azad university

Abstract

The environment is a gift from God and has very positive effects on human life; the concern for environmental protection has led to the formulation of a legal system called "Environmental Law", which itself proves the necessity of research on this vital issue. It does not have the cultural and ideological perceptions of human societies, but simply and clearly, the rules and foundations, elements, and goals of such a system can be found in religions, beliefs, and divine and human cultures, especially the comprehensive and universal religion of Islam. From all the verses, hadith, rules, and foundations of Islamic jurisprudence, it is possible to propose the presumption that in this divine religion, the environment is considered one of the values that can be protected, and any action against the environment is limited unless it considered as a nessasery action. This research, which has been done based on descriptive-analytical methods and based on library sources, led to the conclusion that from the point of view of Islamic jurisprudence, to prove the necessity of preserving the environment, in addition to numerous verses and narrations regarding the preservation of some environmental components such as Water, soil, air, animals and plants and the wisdom can be referred to several jurisprudential rules such as the Lazarar, Ehteram, Etlaf, Edalat, and the Zemaneyad. This research is trying to investigate the main issue based on these rules.

Keywords

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Journal of Studies in Islamic Law & Jurisprudence
Volume 15, Issue 30
June 2023
Pages 289-320
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