Right to Environment in the Islamic sources

Document Type: apj

Author

Department of Humanities and Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran

10.22034/ap.2019.578586.1027

Abstract

Environmental issue is one of the most important issues in the world as well as in the country. Observing the principles of environmental ethics and its ability for being amenable by people’s religious sensitivity can help protect the environment and control it. The present study is an analytical-descriptive based investigation in which by reviewing and scrutinizing the available resource in Imamie’s jurisprudence, Environmental law has been extracted and inferred. The purpose of this research is the Imamie jurisprudence''s viewpoint to identify the right to the environment and the effect of religious sensitivity on environmental ethics. The necessary knowledge of it is the basis of many rulings and fatwa and the rules inferred from the reasons. This is a nudist talk that hasn’t been seriously discussed in Imamieh jurisprudence so far. What is being looked at here, is a new step towards placing the environment in the form of the right of third-generation rights which is a public benefit and right. To prove this right, the sources and purposes of this right in the Imamie’s jurisprudence should be studied. This is a legal right and not a moral one. Findings of the research is: The teachings of Imamie’s jurisprudence are capable of considering the environment as a right; it is the realization of a collective and legal responsibility and not moral one. For the purpose of maintaining this collective benefit for all generations, the talk is about lawfulness, unlawfulness, and punishment of environmental perpetrators.

Keywords