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1 The Environment, Climate Change and its Challenges: Examining the Sharia Perspectives and Islamic State Practices Javaid Rehman, Professor of Law, Brunel.

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Presentation on theme: "1 The Environment, Climate Change and its Challenges: Examining the Sharia Perspectives and Islamic State Practices Javaid Rehman, Professor of Law, Brunel."— Presentation transcript:

1 1 The Environment, Climate Change and its Challenges: Examining the Sharia Perspectives and Islamic State Practices Javaid Rehman, Professor of Law, Brunel University, London

2 2 Introduction Amidst substantial jurisprudence on IEL, Islamic perspectives appear overlooked Amidst substantial jurisprudence on IEL, Islamic perspectives appear overlooked Presentation – focuses on Islamic Law and examines Sharia’s regulations on protection/development of Environment and climate change. Presentation – focuses on Islamic Law and examines Sharia’s regulations on protection/development of Environment and climate change.

3 3 Key Objectives (1) Articulate Sharia’s principles on Environmental Law (2) Highlight relationship & contributions of Sharia towards IEL (3) Examples from Islamic State practices (OIC members) regards environment & Climate change (4) Conclusions – notwithstanding inconsistencies – considerable flexibility

4 4 Sharia’s principles on Environmental Law Sharia – also known as Islamic law derives from: Sharia – also known as Islamic law derives from: Primary sources – Quran & Sunna (Prophet’s tradition & practices) Primary sources – Quran & Sunna (Prophet’s tradition & practices) Secondary sources - Qiyas (application by analogy or deduction); Ijma (consensus) and Ijthihad (independent legal reasoning). Secondary sources - Qiyas (application by analogy or deduction); Ijma (consensus) and Ijthihad (independent legal reasoning).

5 5 Sharia’s principles on Environmental Law Sharia not simply representing religious laws, but covers wide range of secular laws and ordinances Sharia not simply representing religious laws, but covers wide range of secular laws and ordinances articulated principles–regulating environment (principles & policies & ordinances e.g. preservation of water & air resources, sustainable development of land and soil, protection of plants & marine environment). articulated principles–regulating environment (principles & policies & ordinances e.g. preservation of water & air resources, sustainable development of land and soil, protection of plants & marine environment).

6 6 Sharia’s principles on Environmental Law Sharia & environment relationship: Sharia & environment relationship: Sharia literal meaning “the road to the watering place”; “the righteous path to follow to reach the goal set by the Quran”, Sharia literal meaning “the road to the watering place”; “the righteous path to follow to reach the goal set by the Quran”, analogy being that as water is essential to human existence, so is the righteous path as ordained by God Almighty. analogy being that as water is essential to human existence, so is the righteous path as ordained by God Almighty. Sharia’s principles to be visualised in context of 7 th Century Arabia – with scarcity of resources. Sharia’s principles to be visualised in context of 7 th Century Arabia – with scarcity of resources.

7 7 Sharia’s contribution to Environment Highlights value of resources e.g. ‘water’, ‘fresh air’, vegetation, ‘fruits’, ‘trees’ and ‘Animals’. Highlights value of resources e.g. ‘water’, ‘fresh air’, vegetation, ‘fruits’, ‘trees’ and ‘Animals’. Various references: e.g. Quran Various references: e.g. Quran “Then let man consider his nourishment: that We pour down the rain in showers, and We split the earth in fragments, and therein make the grain to grow, and vines and herbs, and olives and palms, and gardens of dense foliage, and fruits and fodder–provision for you and your cattle”. “Then let man consider his nourishment: that We pour down the rain in showers, and We split the earth in fragments, and therein make the grain to grow, and vines and herbs, and olives and palms, and gardens of dense foliage, and fruits and fodder–provision for you and your cattle”.

8 8 Sharia’s contribution to Environment “There is not an animal on the earth, nor any being that wings its flight, but is a people like unto you”. The Quran S 6: 38. “There is not an animal on the earth, nor any being that wings its flight, but is a people like unto you”. The Quran S 6: 38. Considerable tradition of Prophet in protection of environment, plants, animals: Considerable tradition of Prophet in protection of environment, plants, animals: - declared: territory around Makah & Medina inviolable sanctuaries (can’t cut trees, animals protected from any harm) - declared: territory around Makah & Medina inviolable sanctuaries (can’t cut trees, animals protected from any harm)

9 9 Sharia’s contribution to Environment - Concept of Trust and Inter-Generational Duties - Concept of Trust and Inter-Generational Duties Human beings guardians, responsibility to look after planet - Inter-Generational Responsibilities Grant of Trust till eternity, therefore, environmental protection obligation on all States

10 10 Sharia’s contribution to Environment - Sustainable Development - Sustainable Development Within Sharia ‘integration of the development and conservation of natural resources is clear in the idea of bringing life to the land and causing it to flourish through agriculture, cultivation and construction’. Bagader et al (1994). Within Sharia ‘integration of the development and conservation of natural resources is clear in the idea of bringing life to the land and causing it to flourish through agriculture, cultivation and construction’. Bagader et al (1994).

11 11 Modern Islamic State Practices Considerable Environmental Challenges - Considerable Environmental Challenges - OIC members eg Bangladesh, Pakistan, Somalia, Sudan etc face: OIC members eg Bangladesh, Pakistan, Somalia, Sudan etc face: Poverty; overpopulation; economic underdevelopment; armed conflicts; imbalanced political structures Poverty; overpopulation; economic underdevelopment; armed conflicts; imbalanced political structures Examples of damage to environment eg Examples of damage to environment eg Bangladeshi civil war (1970); Bangladeshi civil war (1970); Iran-Iraq war ( ); Iraq’s invasion of Kuwait ( ); Iraq invasion ( ) Iran-Iraq war ( ); Iraq’s invasion of Kuwait ( ); Iraq invasion ( )

12 12 Modern Islamic State Practices Contributions eg Contributions eg Regional Organisation for the Protection of Marine Environment (ROPME) established & operational since 1979 Regional Organisation for the Protection of Marine Environment (ROPME) established & operational since 1979 Members: Bahrain, Saudi Arabia, Iran, Iraq, Kuwait, Oman, Qatar and the United Arab Emirates Members: Bahrain, Saudi Arabia, Iran, Iraq, Kuwait, Oman, Qatar and the United Arab Emirates new ethos protecting marine environment, generated new standards (protocols - hazardous waste, marine emergencies & sea-based pollution) new ethos protecting marine environment, generated new standards (protocols - hazardous waste, marine emergencies & sea-based pollution)

13 13 Modern Islamic State Practices Protocol concerning Regional Co-operation in Combating Pollution by Oil & Other Harmful Substances in Cases of Emergency (1978) Protocol concerning Regional Co-operation in Combating Pollution by Oil & Other Harmful Substances in Cases of Emergency (1978) Protocol–Marine Pollution resulting from Exploration and Exploitation of the Continental Shelf (1989) Protocol–Marine Pollution resulting from Exploration and Exploitation of the Continental Shelf (1989) Protocol for–Protection of the Marine Environment against Pollution from Land-Based Sources (1990) Protocol for–Protection of the Marine Environment against Pollution from Land-Based Sources (1990) Protocol on Control of Marine Transboundary Movements & Disposal of Hazardous Wastes (1998) Protocol on Control of Marine Transboundary Movements & Disposal of Hazardous Wastes (1998) Protocol concerning the conservation of biological diversity & establishment of protected areas. Protocol concerning the conservation of biological diversity & establishment of protected areas.

14 14 Modern Islamic State Practices Domestic Level – imaginative Legal mechanisms for protecting environment Domestic Level – imaginative Legal mechanisms for protecting environment ‘Public Interest Litigation’ - flexible rules in ‘Public Interest Litigation’ - flexible rules in :initiating proceeding (eg letter to court); locus standi; inquisitorial (rather than adversarial) proceedings & innovative remedies :initiating proceeding (eg letter to court); locus standi; inquisitorial (rather than adversarial) proceedings & innovative remedies Shehla Zia v. WAPDA PLD 1994 SC 693 (Article 9 constitutional right to life, right to unpolluted environment) Shehla Zia v. WAPDA PLD 1994 SC 693 (Article 9 constitutional right to life, right to unpolluted environment)


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