1 the environment, climate change and its challenges: examining the sharia perspectives and islamic...

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The Environment, Climate The Environment, Climate Change and its Change and its

Challenges: Examining Challenges: Examining the the ShariaSharia Perspectives Perspectives

and Islamic State and Islamic State PracticesPracticesJavaid Rehman, Professor of Law, Javaid Rehman, Professor of Law,

Brunel University, LondonBrunel University, London

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IntroductionIntroduction

Amidst substantial jurisprudence on Amidst substantial jurisprudence on IEL, Islamic perspectives appear IEL, Islamic perspectives appear overlookedoverlooked

Presentation – focuses on Islamic Presentation – focuses on Islamic Law and examines Law and examines Sharia’sSharia’s regulations on regulations on protection/development of protection/development of Environment and climate change.Environment and climate change.

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Key Objectives Key Objectives

(1)(1) Articulate Articulate Sharia’sSharia’s principles on principles on Environmental LawEnvironmental Law

(2)(2) Highlight relationship & Highlight relationship & contributions of contributions of ShariaSharia towards IEL towards IEL

(3)(3) Examples from Islamic State Examples from Islamic State practices (OIC members) regards practices (OIC members) regards environment & Climate changeenvironment & Climate change

(4)(4) Conclusions – notwithstanding Conclusions – notwithstanding inconsistencies – considerable inconsistencies – considerable flexibilityflexibility

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Sharia’sSharia’s principles on principles on Environmental LawEnvironmental Law

Sharia Sharia – also known as Islamic law – also known as Islamic law derives from:derives from:

Primary sources – Primary sources – QuranQuran & & SunnaSunna (Prophet’s tradition & practices)(Prophet’s tradition & practices)

Secondary sources - Secondary sources - QiyasQiyas (application by analogy or (application by analogy or deduction); deduction); IjmaIjma (consensus) and (consensus) and IjthihadIjthihad (independent legal (independent legal reasoning). reasoning).

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ShariaSharia not simply representing not simply representing religious laws, but covers wide range religious laws, but covers wide range of secular laws and ordinances of secular laws and ordinances

articulated principles–regulating articulated principles–regulating environment (principles & policies & environment (principles & policies & ordinances e.g. preservation of water ordinances e.g. preservation of water & air resources, sustainable & air resources, sustainable development of land and soil, development of land and soil, protection of plants & marine protection of plants & marine environment). environment).

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ShariaSharia & environment relationship: & environment relationship: Sharia Sharia literal meaning “the road to the literal meaning “the road to the

watering place”; “the righteous path to watering place”; “the righteous path to follow to reach the goal set by the follow to reach the goal set by the Quran”,Quran”,

analogy being that as water is essential analogy being that as water is essential to human existence, so is the righteous to human existence, so is the righteous path as ordained by God Almighty. path as ordained by God Almighty.

ShariaSharia’s principles to be visualised in ’s principles to be visualised in context of 7context of 7thth Century Arabia – with Century Arabia – with scarcity of resources.scarcity of resources.

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ShariaSharia’s contribution to ’s contribution to EnvironmentEnvironment

Highlights value of resources e.g. Highlights value of resources e.g. ‘water’, ‘fresh air’, vegetation, ‘fruits’, ‘water’, ‘fresh air’, vegetation, ‘fruits’, ‘trees’ and ‘Animals’.‘trees’ and ‘Animals’.

Various references: e.g. Various references: e.g. QuranQuran ““Then let man consider his nourishment: Then let man consider his nourishment:

that We pour down the rain in showers, and that We pour down the rain in showers, and We split the earth in fragments, and We split the earth in fragments, and therein make the grain to grow, and vines therein make the grain to grow, and vines and herbs, and olives and palms, and and herbs, and olives and palms, and gardens of dense foliage, and fruits and gardens of dense foliage, and fruits and fodder–provision for you and your cattle”.fodder–provision for you and your cattle”.

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““There is not an animal on the earth, nor There is not an animal on the earth, nor any being that wings its flight, but is a any being that wings its flight, but is a people like unto you”. The Quran S 6: 38.people like unto you”. The Quran S 6: 38.

Considerable tradition of Prophet in Considerable tradition of Prophet in protection of environment, plants, protection of environment, plants, animals:animals:

- declared: territory around Makah & - declared: territory around Makah & Medina inviolable sanctuaries (can’t cut Medina inviolable sanctuaries (can’t cut trees, animals protected from any harm)trees, animals protected from any harm)

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- Concept of Trust and Inter-- Concept of Trust and Inter-Generational DutiesGenerational DutiesHuman beings guardians, responsibility to look Human beings guardians, responsibility to look after planetafter planet

- Inter-Generational Responsibilities- Inter-Generational Responsibilities

Grant of Trust till eternity, therefore, Grant of Trust till eternity, therefore, environmental protection obligation on all Statesenvironmental protection obligation on all States

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- Sustainable Development- Sustainable Development Within Within ShariaSharia ‘integration of the ‘integration of the

development and conservation of development and conservation of natural resources is clear in the idea natural resources is clear in the idea of bringing life to the land and of bringing life to the land and causing it to flourish through causing it to flourish through agriculture, cultivation and agriculture, cultivation and construction’. Bagader construction’. Bagader et alet al (1994). (1994).

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Modern Islamic State Modern Islamic State PracticesPractices

Considerable Environmental Considerable Environmental Challenges - Challenges -

OIC members eg Bangladesh, Pakistan, Somalia, Sudan OIC members eg Bangladesh, Pakistan, Somalia, Sudan etc face:etc face:

Poverty; overpopulation; economic Poverty; overpopulation; economic underdevelopment; armed conflicts; underdevelopment; armed conflicts; imbalanced political structuresimbalanced political structures

Examples of damage to environment egExamples of damage to environment eg Bangladeshi civil war (1970); Bangladeshi civil war (1970); Iran-Iraq war (1980-88); Iraq’s invasion of Iran-Iraq war (1980-88); Iraq’s invasion of

Kuwait (1990-91); Iraq invasion (2003 - )Kuwait (1990-91); Iraq invasion (2003 - )

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Contributions egContributions eg Regional Organisation for the Regional Organisation for the

Protection of Marine Environment Protection of Marine Environment (ROPME) established & operational (ROPME) established & operational since 1979 since 1979

Members: Bahrain, Saudi Arabia, Iran, Iraq, Kuwait, Members: Bahrain, Saudi Arabia, Iran, Iraq, Kuwait, Oman, Qatar and the United Arab Emirates Oman, Qatar and the United Arab Emirates

new ethos protecting marine new ethos protecting marine environment, generated new standards environment, generated new standards (protocols - hazardous waste, marine (protocols - hazardous waste, marine emergencies & sea-based pollution)emergencies & sea-based pollution)

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Protocol concerning Regional Co-operation in Protocol concerning Regional Co-operation in Combating Pollution by Oil & Other Harmful Combating Pollution by Oil & Other Harmful Substances in Cases of Emergency (1978) Substances in Cases of Emergency (1978)

Protocol–Marine Pollution resulting from Protocol–Marine Pollution resulting from Exploration and Exploitation of the Continental Exploration and Exploitation of the Continental Shelf (1989) Shelf (1989)

Protocol for–Protection of the Marine Protocol for–Protection of the Marine Environment against Pollution from Land-Based Environment against Pollution from Land-Based Sources (1990) Sources (1990)

Protocol on Control of Marine Transboundary Protocol on Control of Marine Transboundary Movements & Disposal of Hazardous Wastes Movements & Disposal of Hazardous Wastes (1998) (1998)

Protocol concerning the conservation of biological Protocol concerning the conservation of biological diversity & establishment of protected areas. diversity & establishment of protected areas.

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Domestic Level – imaginative Legal Domestic Level – imaginative Legal mechanisms for protecting environmentmechanisms for protecting environment

‘‘Public Interest Litigation’ - flexible rules Public Interest Litigation’ - flexible rules in in

:initiating proceeding (eg letter to court); :initiating proceeding (eg letter to court); locus standilocus standi; inquisitorial (rather than ; inquisitorial (rather than adversarial) proceedings & innovative adversarial) proceedings & innovative remediesremedies

Shehla Zia v. WAPDAShehla Zia v. WAPDA PLD 1994 SC 693 PLD 1994 SC 693 (Article 9 constitutional right to life, right (Article 9 constitutional right to life, right to unpolluted environment)to unpolluted environment)

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