JĀYGĀH MUḤĪṬ ZĪST AZ MANẒAR ISLĀM WA ḤUQŪQ IRĀN [THE POSITION OF THE ENVIRONMENT FROM THE PERSPECTIVE OF ISLAM AND IRANIAN LAW]. By Behzad Ghazavi Khorasgani. Tehran, Iran: Nashr Qānūn Yār. 2023. Pp. 90. Paper. 1,400,000 IRR.
The environment and related issues pose serious threats to today’s world, making public participation by individuals and governments essential for mitigating the damage and detrimental environmental impacts that inherently affect humanity. Since its inception, Islam has demonstrated a commitment to environmental conservation and has provided various solutions in this regard.
Numerous works addressing this topic have been published; however, this particular piece focuses on the Islamic perspective regarding environmental issues and the relationship between Islamic texts and the environment.
This work is structured into three chapters. The first chapter discusses generalities and relevant concepts. The author defines the environment linguistically as everything surrounding us, categorizing it into two types: natural and human-made environments. In a more technical sense, the environment refers to the context that encompasses and interacts with the processes of life. The author argues that the environment is a significant topic that should be investigated within the framework of Islamic jurisprudence. Subsequently, the definition of environmental law is presented, which encompasses the rules governing the relationships between humans and environmental factors, as well as regulating these relationships.
The second chapter addresses the connection between the Quran and the environment. The Quranic exhortations regarding environmental protection encompass various points pertaining to nature, such as the cultivation of nature as mentioned in the Quran (11:61); the subjugation of nature for humanity as stated in Q (14:32); and the preservation of nature in Q (11:57). Among the verses that can be cited to prohibit the pollution of the environmental air are verses 56 of chapter 7 and 195 of chapter 2, as polluting the Earth exemplifies corruption. Furthermore, pollution of the Earth, including toxic and nuclear waste and other pollutants, could lead to the demise and extinction of humanity and other living beings. Islam discusses all aspects and relationships encompassing the Islamic framework, providing regulations for each, including the relationship between humans and the environment. In a narration from “Biḥar al-Anwār,” the Prophet Muhammad (pbuh) states, “Protect the Earth, for indeed it is your mother.” Islam emphasizes the preservation of essential elements in the environment to such an extent that some of the names of Quranic chapters are derived from natural elements, such as Surah Ra’d (Thunder), Surah Shams (Sun), Surah Najm (Star), Surah Ḥadid (Iron), Surah Layl (Night), Surah Qamar (Moon), Surah Tīn (Fig), and Surah Nās (Mankind), among others. In the Quran (5:86), environmental degradation is referred to as transgression (I‘tida’), indicating that those who behave improperly towards the environment will be deprived of God’s mercy and love. In another part of this chapter, the author addresses the relationship between jurisprudence and the environment, noting that there has been less discussion among Islamic jurists on this issue, despite the existence of rules such as the principle of “lā ḍarar” (no harm) in jurisprudence, which underscores the prohibition of environmental destruction. The following section outlines the responsibilities of the Islamic government concerning the environment, including: establishing environmental laws based on divine principles and regulations, enforcing laws against environmental abusers and those who corrupt nature in the interest of public welfare, adopting modern environmental practices compatible with the Islamic system, addressing environmental issues and promoting environmental ethics, as well as fostering a culture of environmental awareness, and so on.
The final chapter of this work discusses the status of the environment within Iranian law and regulations. The first environmental protection regulations were formulated and approved around the early 50s in the Iranian calendar, coinciding with the Stockholm Conference. Article 50 of the Constitution of the Islamic Republic of Iran is dedicated to environmental protection. In the Islamic Republic, the protection of the environment, in which today’s generation and future generations are to live a socially thriving life, is considered a public duty. Thus, any economic or other activities that lead to environmental pollution or irreparable destruction are prohibited. The Environmental Protection and Improvement Act was initially passed in 1974 (1353 in the Iranian calendar) and was amended in 1992 (1371 in the Iranian calendar). Under this law, valuable areas and sensitive, vulnerable ecosystems are designated as national natural monuments or protected areas, managed under the supervision of the High Council for Environmental Protection. Moreover, the waste management law was enacted in 2004 (1383 in the Iranian calendar), along with laws aimed at preventing water and air pollution, which were legislated in 1994 and 1995 (1373 and 1374 in the Iranian calendar). The author further outlines the various guarantees for environmental protection: civil liabilities and criminal liabilities, which play a significant role in reducing harm and destruction to the environment. In conclusion, the author emphasizes the important role that scholars and specialists play in shaping public opinion about nature, which in turn prompts legislatures to create laws aimed at preventing environmental damage.
The author refers to the role of jurisprudence in environmental matters, noting that there has been less discussion on this topic. However, upon examining specialized jurisprudential institutions, it is evident that some academic organizations affiliated with religious scholars have actively engaged in this discourse in a targeted and specialized manner, and this development has been well received by scholars and jurists. Consequently, this issue and the dialogue surrounding environmental concerns have experienced significant growth within religious institutions.
Hossein Baqeri
Tolou International Institute, Qom, Iran
