Saturday, July 29, 2006

Environmental Protection in Islam

http://www.islamset.com/env/contenv.html

Environmental Protection in Islam


IUCN-The World Conservation Union

Founded in 1948, IUCN -The World Conservation Union -is a membership organisation comprising governments, non-governmental organisations (NGOs), research
institutions, and conservation agencies in more than 100 countries. The Union's objective is to promote and encourage the protection and sustainable util
isation of living resources.

Several thousand scientists and experts from all continents form part of a network it supporting the work of its six Commissions: threatened species, protected
areas, ecology, environmental strategy and planning, environmental law , and environmental education and communication. Its thematic programmes include
forest conservation, , wetlands, marine ecosystems, plants, as well as population and natural resources. These activities enable IUCN and its members to
develop sound policies and programmes for the conservation of biological diversity and sustainable use of natural resources.

MEPA -The Meteorology and Environmental
Protection Administration
 
Founded in 1981, MEPA -The Meteorology and Environmental Protection Admini- stration -was created as the central organisation for all environmental protection
and management activities in Saudi Arabia in addition to its role as the National Meteorological Agency. Its responsibilities are to create and carry out
programmes to conserve, improve, and protect natural resources and the environment, as well as to control air , water, and land pollution.

These protection activities are to be directed at enhancing "the health, safety and welfare of the people and to promote their overall economic and social
well-being". MEPA's functions are to conduct environmental surveys, recommend regulations and other measures, assess levels of environmental pollution,
stay abreast of regional and international developments in
environmental protection, and establish standards and specifications.

Environmental Protection in Islam

Second Revised Edition
Dr. Abubakr Ahmed Bagader
Dr. Abdullatif Tawfik EI-Chirazi El-Sabbagh
Dr. Mohamad As-Sayyid AI-Glayand
Dr. Mawil Yousuf Izzi-Deen Samarrai
in collaboration with
Othman Abd-ar-Rahman Llewellyn

IUCN Commission on Environmental Law
Meteorology and Environmental Protection Administration (MEPA)
of the Kingdom of Saudi Arabia
IUCN Environmental Policy and Law Paper No.20 Rev.
IUCN- The World Conservation Union UICN- Union mondiale pour la nature 1994 

--------------------------------------------------------------------------------

Table of Contents

 
Preface & Acknowledgements to First Edition


 
Preface & Acknowledgements to Second Edition


 
Section One:
  A General Introduction to Islam's Attitude Toward the Universe, Natural Resources, and the Relation Between Man and Nature

  Section Two: Protection and Conservation of the Basic Natural Resources

1.
Water

2.
Air

3.
The Land and Soil

4.
Plants and Animals

  Section Three:  Protection of Man and the Environment from the Harmful Impacts  of Products and Processes Generated by Man.

1
. Wastes, Exhausts, Cleansing Materials and Other Toxic and Harmful Substances

2.
Pesticides

3.
Radioactive Substances

4.
Noise

5.
Intoxicants and Other Drugs

6.
Natural Catastrophes

  Section Four: Legislative Principles, Policies, and Institutions of Islamic Law which Govern the Procedures and Measures for the Protection and Conservation
of the Environment

1.
The Mandate of the Individual                                    

2.
Principles Governing Public Policy and Legislation in Islam

3.
The Mandate of the Governing Authorities

4.
Islamic Institutions for the Conservation and Sustainable Development
of Natural Resources

 
Section Five:
Conclusions

 
Notes


Environmental Health - An Islamic Perspective - by Dr. M.H. Khayat


United Nations Environement Programme


Danger in the Air
- Press Release WHO/56, 14 September 2000.


Air Pollution
- Fact Sheet NO. 187, Revised September 2000


Preface to the First Edition>

Environmental Protection in Islam

In the Name ofGod, Most Gracious, Most Merciful

Preface to the First Edition

Praise be to God, Creator of all; The Cherisher and Sustainer of the Worlds. BIessings I and Peace be upon Muhammad, God's Prophet and Apostle.
    The preparation of this paper was first mooted during the process ofestablishing a central administration for the protection of the environment in
the Kingdom of Saudi Arabia, the responsibilities of which included the development and submission of recommendations to the Government of the Kingdom
of Saudi Arabia pertaining to laws and regulations for the protection of the environment.
In this context, several colleagues were consulted amongst whom was Dr. Wolfgang Burhenne, Chairman of the IUCN Commission on Environmental Policy, Law
and Administration, who was enthusiastic for the paper and persevered at all times to its completion.
    In view of Saudi Arabia's position as the cradle of Islam, it was natural that the subject of this paper took on international dimensions. The preparation
of the paper was first discussed at international level during the adhoc meeting of senior government official experts in environmental law , held in Montevideo
(Uruguay) in 1981, where the ; proposal was very well received. "
    One of the most important reasons motivating the preparation of this paper  was based on the belief of both my colleagues and in the importance of
the concept of environmental management in the process of conservation of nature and sustainable development.

 
 The implementation of environmental management depends on the existence of appropriate legislation, and legislation becomes more effective and usellll
when it emanates from a nation's creed and when it represents its cultural and intellectual heritage. This strong relationship between the effectiveness
of legislation and the strength of its cultural roots appears to me to be all the more necessary when dealing with environmental issues, especially in
Islamic societies. For Islam prespresents a way of life that encompasses an overall view of the universe, life, man and the inter-relationships existing
between them and also combines conviction, belief, legislation and enforement of this legislation.
     It is also appropriate to refer to the existence of other reasons for the preparation of this paper.
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    1. The ever-increasing need to devise and formulate legislation for the protection of the environment, especially in view of the rapidly increasing
technological and industrial progress in all fields and aspects of development.
    2. The insufficiency of the present legislation now applied in contemporary societies and its inadequacy to achieve the required protection of the
natural environment.
    3. The urgent need, particularly in Islamic countries, to formulate a clear method and plan that would help all responsible authorities and individuals
alike in these countries to define, determine and lay down the necessary procedures and measures for the conservation and protection of the environment
as well as for putting these procedures into effect.
    The present work aims at presenting a preliminary paper in this field and it is hoped that this will motivate more comprehensive and specialized research
in the future. It objectively defines the Islamic concept of the environment, the relationship ofman with the environment, and the interaction ofboth with
regard to man's sustainable utilization and development of natural resources.
    Many colleagues have participated in both enhancing and achieving this work. Previously, I have mentioned Dr. Wolfgang Burhenne and I now mention Dr:.
Hamad AI Erainan, Dean of the Faculty of Arts and Humanities, King Abdulaziz University, Jeddah, for his kind support; also I would mention Mr. Omar Bakhashab
who prepared a preliminary report on the subject in 1981; Dr. Abdul Elah Banaja, Dean of the Faculty of Science, King Abdulaziz University, Jeddah; Dr.
Mustafa A. AI Deghaither, Director General of Environmental Protection Division (MEPA); Dr. Nizar Ibrahim Tawfiq, the Director General of the National
Meteorological and Environmental Protection Centre (MEPA); and Dr. Zaki Mustafa, Secretary General of the Saudi-Sudanese Commission for the Development
of the Red Sea Resources.
    In regard to the Authors, it is my belief that in achieving this work they have placed a basic milestone on the path of connecting Islam with one of
the most complicated and useful branches of the applied sciences.
    May Allah guide us to the right aim.
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Abdulbar AI-Gain
Vice-President of IUCN
1983 AD / 1403 H
Jeddah, Saudi Arabia.
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Acknowledgements to the First Edition



    We should like to extend our thanks and appreciation to His Excellency Dr. Hamad AI Erainan, Dean of the Faculty of Arts and Humanities, King Abdulaziz
University, Jeddah, for taking the initiative in proposing to the Meteorology and Environmental Protection Administration (MEPA) that the Department of
Islamic Studies at King Abdulaziz University would undertake the present study.
    We should also like to thank all who contributed to this work and shared in discussing it, especially Dr. Abdulbar al-Gain, Vice-President of the Meteorology
and Environmental Protection Administration and Vice President of the International Union for Conservation of Nature and Natural Resources; Dr. Abdul Elah
Banaja, Dean of the Faculty of Science, King Abdulaziz University; Dr. Mustafa A. AI Deghaither, Director General of Environmental Protection Division
(MEPA); Dr. Nizar Ibrahim Tawfiq, the Director General of the National Meteorological and Environmental Protection Centre (MEPA); and Dr. Zaki Mustafa,
Secretary General of the Saudi- Sudanese Commission for the Development of the Red Sea Resources.
    Also, we should like to refer to the specialized expertise of Dr. Wolfgang Burhenne, Chairman, IUCN Commission on Environmental Policy, Law and Administration,
which helped us carry out our task and achieve our purpose.
    Finally, we should also refer to the great benefit and help we received from the preliminary work carried out by Mr. Omar Bakhashab and other researchers
in this field.
Allah is our ultimate satisfaction.
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 The Authors
1983 AD / 1403 H


Preface to the Second Edition>

Environmental Protection in Islam

 
In the Name ofGod, Most Gracious, Most Merciful

Preface to the Second Edition
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• Praise be to God; Creator ofall, The Cherisher and Sustainer of the World, Prayer and Peace upon Muhammad, God's Prophet and Apostle.
    Today, Mankind finds himselfat a point in history that is pivotal in terms of the very nature ofhis relationship to the natural world. His footprint
is to be found everywhere throughout the Planet, in the air, in the deep seas, the forests and the polarice.
    Human activities over the last century have so affected natural processes that the very atmosphere upon which life depends has been altered. These
impacts are of such a magnitude that Nature itself, as an independent self regulating force has been compromised and will require human intervention; intervention
which itself could further alter natural processes.
    Thus, in embarking upon such an unprecedented intervention in natural processes, it becomes increasingly important to carefully examine the basis of
the relationship between our species and the natural world. It is particularly important to examine alternatives to the philosophic regime which has shepherded
human society into the present state, and to seek an environmental sustainability in that relationship which can continue in perpetuity.
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• As Muslims, constituting 20% of the World's population, we must examine these issues carefully because future events in Islamic nations have the potential
to create an environmental impact of major magnitude. Most Islamic nations are developing and must expand economically in order to meet basic needs. Should
this expansion pass through the same evolutionary cycle as prior industrial development, the environmental impacts cou Id be d isastrous. Consequently,
Islam ic nations must seek modal ities which will enable them to "leapfrog" ahead to environmentally less damaging forms of economic expansion.
• The Islamic World's phenomenal economic expansion has created a need for increasingly sophisticated environmental pol icy as development continually poses
new questions for exam ination. Islam offers great advantage for environmental conservation, protection and sustainable development in that it is a source
for law that is consistent with cultural values of Islamic Society and can be imported with ease into environmental policy that is both effective and implementable.
    In seeking culturally appropriate modalities, the principles of Islam are providing gu idance for environmental managers; since Islam represents more
than a belief system, it is a way oflife and a well defined set ofvalues providing specific guidance for virtually every aspect of life. Islam offers a
font of inspiration which can be translated into policies for development, for regulation and law, for influencing public attitudes, and for achieving
a sustainable relationship between mankind and the natural world provided by his Creator.
•  As the agency with responsibility for environmental management in Saudi Arabia, MEPA is involved in the establishment of national environmental policy.
Since the agency operates within the cradle of Islam, it is imperative that such policy reflects the values and tenents of our beliefs. It was with this
intention that we first began, in association with the International Union for the Conservation of Nature, the original research that led to the first
edition of Islamic Principles For Conservation of the Natural Environment.
    The first edition was extremely successful in addressing this need. Over 85,000 copies were distributed, reaching and "influencing" people throughout
the world. It has continually served as important source material for connecting Islam with environmental conservation at educational and practicing levels.

•  Thus, in the second edition of Islamic Principles For Conservation of the Natural Environment research was expanded in order to address situations which
were not present before. It is presented here in the hopes that it may offer further guidance and inspiration to both Muslims and non-Muslims alike as
they seek solutions to the challenges of environmental conservation.
    As with the prior edition, many individuals have contributed to this effort in offering suggestion, inspiration and guidance. In addition to the excellent
theological research of the authors, Othman Llewellyn provided major contributions in terms ofboth content and editorial care. Wolfgang Burhenne, Legal
Advisor of IUCN, as with the first edition, has been constant in his support and encouragement. A number of additional contributions are mentioned in the
acknowledgements section that follows.
    It is my belief that the authors of this edition have provided a valuable framework, connecting Islam with that most complex of sciences and providing
environmental managers with an important context for reflecting upon the complexity of their obligation and meeting their responsibilities to future generations.
May Allah guide us to the right aim.
                                                    Abdulbar AI-Gain
                                                    President, MEP A
                                                    Saudi Arabia
                                                    1993 AD / 1413 H
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Acknowledgements to the Second Edition
We wish to extend our deepest appreciattion and thanks to all of our colleagues who took part in the production of theis expanded edition of our Basic
Paper on Islamic Priniciples for the Conservation of the Natural Environment.  In particular, we should like to mention Dr. Abdulbar Al-Gain, President
of MEPA, Mr. Abdul Wahab M. Dakkak, Director General of Natural Resources, MEPA, Dr. Ali M. Dakkak, King Abdulaziz University, and Dr. Wolfgang Burhenne,
who once again has contributed his well-known specialized expertise.
    We thank Mr. Othman Llewellyn for his care in expanding and revising this edition, and expressour appreciation of the kindness of the Kingdom of Saudi
Arabia's National Commission for Wildlife Conservation and Development and its Secretary General, Dr. Abdulaziz H. Abuzinada in authorizing Mr. Llewellyn
to collaborate on this work.
We wish to also express our gratitude to those who contributed to the improvement of this publication in particular Dr. Anas M. Al Zarqa (King Abudlaziz
University, Jeddah), Mr. Ali Al Sammany (National Commission for Wildlife Conservation and Development), Mr. Abdullah Ba-Dhorise and Mr. Naif Shalhoub
(MEPA).
Finally, we thank Dr. Mawil Izzi-Deen Samarrai for undertaking on our behalf the task of reviewing and supervising all the changes and additions that were
made.
May God grant all of us success in our striving toward the truth -- it is for Him that we make our endeavour.

The Author
1993 AD/ 1413 H
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In the Name of God, Most Gracious, Most Merciful

Environmental Protection in Islam
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An Islamic study prepared by:
     Dr. Bagader, Abubakr Ahmed, born in Makkah, Saudi Arabia (Professor of sociology, Faculty of Arts and Humanities, King AbdulazizUniversity, Jeddah).



     Dr. EI-Sabbagh, Abdullatif Tawfik EI-Chirazi, born in Hamah, Syria (Associate Professor, Department of Islamic Studies, Faculty of Arts and
     Humanities, King Abdulaziz University, Jeddah).
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    Dr. AI-Glayand, Mohamad As-Sayyid, born in Manshiyyat al-Umara', Egypt Professor ofIslamics, Dar AI-Uluum, University ofCairo, Egypt).



     Dr. Samarrai, Mawil YousufIzzi-Deen, born in Ba'qubah, Iraq (Professor of Islamics, Cardiff, U.K.).

• The original Arabic version was translated into English by:
• Abdul Rahman, Karam Mohsen (Senior Language Instructor, Department ofMass Communication, Faculty of Arts, KIng Abdulazlz University, Jeddah).
• Second Edition prepared by the original authors in collaboration with:
Othman Abd-ar-Rahman Llewellyn, born in Colorado Springs, USA (Envlronmental Planner, National Commission for Wildlife Conservation and Development,
Kingdom of Saudi Arabia).



A General Introduction>

Environmental Protection in Islam

SECTION ONE

A General Introduction to Islam's Attitude Toward the Universe, Natural Resources, and the Relation Between Man and Nature

1. All things that God has created in this universe are created in due proportion and measure both quantitatively and qualitatively. God has declared in
the Qur'an, "Verily, all things have We created by measure"1 and "Everything to Him is measured."2 And He says, " And We have produced therein everything
in balance."3 In the universe there is enormous diversity and variety of form and function. In it and its various elements there is fulfilment ofman's
welfare and evidence of the Creator's greatness; He it is Who determines and ordains all things, and there is not a thing He has created but celebrates
and declares His praise. "Have you not seen that God is glorified by all in the heavens and on the earth - such as the birds with wings outspread? Each
knows its worship and glorification, and God is aware of what they do."4 Each thing that God has created is a wondrous sign, full ofmeaning; pointing beyond
itself to the glory and greatness of its Creator, His wisdom and His purposes for it. "He Who has spread out the earth for you and threaded roads for you
therein and has sent down water from the sky: With it have We brought forth diverse kinds of vegetation. Eat and pasture your cattle; verily, in this are
signs for men endued with understanding."5

 
2. God has not created anything in this universe in vain, without wisdom, value and purpose. God says, "We have not created the heavens and the earth and
all that is between them carelessly. We have not created them but for truth."6 The vision of a universe imbued with value is thus revealed to us in the
Glorious Qur'an. All things in the universe are created to serve the One Lord Who sustains them all by means ofone another, and Who controls the miraculous
cycles of life and death: "God it is that splits the seed and the date stone, brings the living from the dead and the dead from the living: That is your
God -how are you turned away?"7

Life and death are created by God so that He might be served by means of good works. "Blessed is He in Whose Hand is dominion, and He has power over every
thing: He Who has created death and life to try you, which of you work the most good."8 The Prophet Muhammad, upon him be blessings and peace, is reported
to have declared, "Created beings are the dependents ofGod, and the creature dearest unto God is he who does most good to God's dependents."9 Thus all
created beings are created to serve the Lord of all beings by performing their ordained roles so as to best benefit each other. This leads to a cosmic
symbiosis (takaful). The universal common good is a principle that pervades the universe, and an important implication of God's unity, for one can serve
the Lord ofall beings only by working for the common good of all.

3. Man is part of this universe, the elements of which are complementary to one another in an integrated whole indeed, man is a distinct. part of the universe
and i : I!' has a special position among its other parts. The relatIon between man and the universe, as defined and clarified in the Glorious Qur'an and
the Prophetic eachings, is as follows:



A relationship of meditation on, and consideration and contemplation of, the universe and what it contains.



A relationship of sustainable utilization, development and employment for man's benefit and for the fulfilment ofhis interests.



A relationship of care and nurture, for man's good works are not limited to the benefit of the human species, but rather extend to the benefit of all created
beings; and "there is a reward in doing good to every living thing."


4. God's wisdom has ordained to grant human beings stewardship (khilafah) on the earth. Therefore, in addition to being part of the earth and part of the
universe, man is also the executor ofGod's injunctions and commands. And as such he is only a manager of the earth and not a proprietor; a beneficiary
and not a disposer or ordainer. Heaven and earth and all that they contain belong to God alone. Man has been granted stewardship to manage the earth in
accordance with the purposes intended by its Creator; to utilize it for his own benefit and the benefit of other created beings, and for the fulfilment
of his interests and of theirs. He is thus en- trusted with its maintenance and care, and must use it as a trustee, within the limits dictated by his trust.
For the Prophet, upon him be blessings and peace, declared, "The world is beautiful and verdant, and verily God, be He exalted, has made you His stewards
in it, and He sees how you acquit yourselves."'10

5. All of the resources upon which life depends have been created by God as a trust in our hands. He has ordained sustenance for all people and for all
living beings.
" And He has set within it mountains standing firm, and blessed it, and ordained in it its diverse sustenance in four days, alike for all that seek."'1
Thus, the
utilization of these resources is, in Islam, the right and privilege ofall people and all species. Hence, man should take every precaution to ensure the
interests and rights of all others since they are equal partners on earth. Similarly, he should not regard such as restricted to one generation above all
other generations. It is rather a joint usufruct in which each generation uses and makes the best use of nature, according to its need, without disrupting
or adversely affecting the interests of  future generations. Therefore, man should not abuse, misuse, or distort the natural resources as each generation
is entitled to benefit from them but is not entitled to "own" them in an absolute sense.

6. The right to utilize and harness natural resources, which God has granted man, necessarily involves an obligation on man's part to conserve them both
quantita- tively and qualitatively. God has created all the sources of life for man and all resources of nature that he requires, so that he may realize
objectives such as con- templation and worship, inhabitation and construction, sustainable utilization, and enjoyment and appreciation of beauty.  It follows
that man has no right to cause the degradation of the environment and distort its intrinsic suitability for human life and settlement. Nor has he the right
to exploit or use natural resources unwisely in such a way as to spoil the food bases and other sources of subsistence for living beings, or expose them
to destruction and defilement.
7. While the attitude of Islam to the environment, the sources of life, and the resour- ces of nature is based in part on prohibition of abuse, it is also
based on construction and sustainable development. This integration of the development and conserva- tion of natural resources is clear in the idea of
bringing life to the land and causing it to flourish through agriculture, cultivation, and construction. God says, "It is He Who has produced you from
the earth and settled you therein."'2 The Prophet, upon him be blessings and peace, declared, "If any Muslim plants a tree or sows a field, and a human,
bird or animal eats from it, it shall be reckoned as charity from him."'   "If anyone plants a tree, no human being nor any ofGod's creatures will eat
from it without its being reckoned as charity from him."'4 "If the day of resurrection comes upon anyone of you while he has a seedling in hand, let him
plant it."'

The approach of Islam toward the use and development of the earth's resources was put thus by' Ali ibn Abi-Talib, the fourth Caliph, to a man who had developed
and reclaimed abandoned land: "Partake of it gladly, so long as you are a be- nefactor, not a despoiler; a cultivator, not a destroyer."16

This positive attitude involves taking measures to improve all aspects of life: health, nutrition, and the psychological and spiritual dimensions, for man's
benefit and the maintenance ofhis welfare, as well as for the betterment of life for all future generations.

And as is shown in the Prophetic declarations above, the aim of both the conservation and development of the environment in Islam is the universal good
of all created beings.



SECTION TWO

Protection and Conservation of the
Basic Natural Resources

Throughout the universe, the divine care for all things and all-pervading wisdom in the elements of creation may be perceived, attesting to the All-Wise
Maker. The Glorious Qur'an has made it clear that each thing and every creature in the universe, whether known to man or not, performs two major functions:
a religious function in so far as it evidences the Maker's presence and infinite wisdom, power, and grace; and a social function in the service of man
and other created beings.

God's wisdom has ordained that His creatures shall be of service to one another. The divinely appointed measurement and distribution of all elements and
creatures, each performing its ordained role and all of them valuable, makes up the dynamic balance by which the creation is maintained. Overexploitation,
abuse, misuse, destruction, and pollution of natural resources are all transgressions against the divine scheme. Because narrow-sighted self-interest is
always likely to tempt men to disrupt the dynamic ; equilibrium set by God, the protection ofall natural resources from abuse is a mandatory duty.

In the divine scheme by which all creatures are made to be of service to one another, God's wisdom has made all things of service to mankind. But nowhere
has God indicated that they are created only to serve human beings. On the contrary, Muslim legal scholars have maintained that the service ofman is not
the only purpose for which they have been created: "With regard to God's saying, , And He has made the ships to be of service unto you, that they may sail
the sea by His command, and the rivers He has made of service unto you.

 
And He has made the sun and the moon, constant in their courses, to be of service unto you, and He has made of service unto you the night and day. And He
gives you all you seek ofHim: If you would count the bounty of God, you could never reckon it.1 - and similar verses in which God declares that He created
His creations for the children of Adam -it is well known that God in His great wisdom has exalted purposes in them other than the service ofman, and greater
than the service of man. However, He makes clear to the children of Adam what benefits there are in these creatures and what bounty He has bestowed upon
mankind."2

Vitally important, as the social functions of all things are, the primary function of all created beings as signs of their Creator constitutes the most
sound legal basis for conservation of the environment. It is not possible to base the protection of our environment on our need for its services alone
since these services are but a supporting value and reason.3   Because we cannot be aware of all the beneficial functions of all things, to base our efforts
at conservation solely on the environmental benefits to man would lead inevitably to distortion of the dynamic equilibrium set by God and misuse of His
creation, thereby impairing these same environmental benefits. However, when we base the conservation and protection of the environment on its value as
the signs of its Creator, we cannot omit any thing, for every element and species has its individual and unique role to play in glorifying God, and in
bringing man to know and understand his Creator by showing him God's infinite power, wisdom, and mercy. It is impossible to countenance the willful ruin
and loss of any of the basic elements and species of the creation, or to think that the continued existence of the remainder is sufficient to lead us to
contemplate the glory, wisdom, and might of God in all the aspects that are intended, because species differ in their special qualities, and each evidences
God's glory in ways unique to it alone.

Furthermore, all human beings, and indeed livestock and wildlife as well, enjoy the right to share in the resources of the earth. Man's abuse of any resource
is forbidden, and the best use of all resources, both living and lifeless, is prescribed.

The following is a discussion of the basic natural elements:

1. Water

God has made water the basis and origin oflife. God says, "We made from water every living thing."4    Plants, animals, and man all depend on water for
their existence and for the continuation of their lives. God has said, "Verily...in the rain that God sends down ! from heaven, thereby giving life to
the earth after its death..."5 and He has said, "It is j He Who sends down water from the sky; and thereby We have brought forth the plants I of every
kind."6    " And you see the earth barren and lifeless, but when We pour down rain upon it, it stirs and swells, and puts forth growth of every resplendent
kind."7  and He has also said, " And We send down pure water from the sky, thereby to bring to life a dead land and slake the thirst ofthatwhich We have
created-cattle and men in multitudes."8  "God has called on man to appreciate the value of this so essential source of life: "Have you seen the water which
you drink? Was it you who sent it down from the raincloud , or did We send it? Were it Our will, We could have made it bitter; why then do you not give
thanks?"9   And He has reminded us, "Say: Have you considered, ifyourwaterwere one morning to have seeped away, who then could bring you clear-flowing
water?"10

In addition to this vital function, water has another socio-religious function to perform which is purification of the body and clothing from all dirt,
impurities and defilement so that man may encounter God clean and pure. God has said in the G lorious Qur'an, " And He caused rain to descend on you from
heaven to cleanse you therewith"' God has also shown us other functions oflake, sea, and ocean water. He has made it the habitat of many created beings
which play vital roles in the perpetuation oflife and the development of this world. God has said, "It is He Who has made the sea ofservice, that you may
eat thereof flesh that is fresh and tender, and that you may bring forth from it ornaments to wear, and you see the ships therein that plough the waves,
that you may seek of His bounty ,"12 He also says, "Lawful to you is the pursuit of water-game and its use for food a provision for you, and for those
who travel."13

There is no doubt that conservation of this vital element is fundamental to the preservation and continuation of life in its various forms, plant, animal,
and human. It is therefore obligatory , for in Islamic law, whatever is indispensable to fulfil the imperative obligation of preserving life is itself
obligatory .Any action that obstructs or impairs the biological and social functions of this element, whether by destroying it or by polluting it with
any substance that would make it an unsuitable environment for living things or otherwise impair its function as the basis of life; any such action necessarily
leads to the impairment or ruin of life itself, And the juristic principle is,
"What leads to theprohibited is itself prohibited."

Owing to the importance of water as the basis of life, God has made its use the common right of all living beings and all human beings. All are entitled
to use it without monopoly, usurpation, despoilment, wastage, or abuse. God commanded with regard to the people of Thamud and their camel, " And tell them
that the water shall be shared between them,"14 and the Prophet, upon him be blessings and peace, said, "Muslims are to share in these three things: water,
pasture, and fire,"15  Extravagance in using water is forbidden; this applies to private use as well as public, and whether the water is scarce or abundant.
It is related that the Prophet, upon him be blessings and peace, passed by his companion Sa'd, who was washing for prayer, and said, "What is this wastage,
O Sa' d?" "Is there wastage even in washing for prayer?" asked Sa' d; and he said, "Yes, even if you are by a flowing river!"16

The long experience ofMuslimjurists in the allocation ofwater rights in arid lands has given rise to an outstanding example of the sustainable use of a
scarce resource; an example which is of increasing relevance in a world where resources which were once abundant are becoming progressively more scarce.


2. Air

This element is no less important than water for the perpetuation and preservation oflife, Nearly all terrestrial creatures are utterly dependent on the
air they breathe, The air also has other functions which may be less apparent to man but which God has created for definite purposes, as we have been made
aware of by the Glorious Qur'an -such as the vitally important role of the winds in pollination. God has said, " And we send the fertilizing winds. "17 
The winds are also clear evidence of God' s omnipotence and grace, and the perfection of design in His creation. He has also said, "Verily in the creation
of the heavens and the earth; in the alternation of night and day in the change of the winds, and the clouds compelled between heaven and earth surely
there are signs for a people who have sense."18

"And He it is Who sends the winds as tidings heralding His grace: until when they have raised a heavy-laden cloud, We drive it to a dead land and cause
the rain to descend upon it, and thereby bring forth fruits of every kind."19

Since the atmosphere performs all these biological and social functions, its conser- vation, pure and unpolluted, is an essential aspect of the conservation
oflife itself which is one of the fundamental objectives of Islamic law. Again, whatever is indispensable to fulfil this imperative obligation is itself
obligatory .Therefore any activity which pollutes it and ruins or impairs its function is an attempt to thwart and obstruct God's ii wisdom towardHis creation.
This must likewise be considered an obstruction of some aspects of the human role in the development of this world.

 
3. The Land and Soil

Like air and water, the land and soil are essential for the perpetuation of our lives and the lives of other creatures. God has declared in the Qur'an,
" And the earth He has established for living creatures."20 From the minerals of the earth are made the solid constituents of our bodies, as well as those
ofall the living animals and plants. God has said in the Qur'an, " And among His signs is that He has created you from dust; then behold, you are humans
scattered widely."21  He has also made the land our home and in the home of all terrestrial beings. " And God has made you grow, as a plant from the earth;
then to it He returns you, and He will bring you forth a new..."22 And as our home, the   land has value as open space: "...and God has made the earth
a wide expanse, that you may traverse its open ways."23

God has made the land a source of sustenance and livelihood for us and other living creatures: He has made the soil fertile to grow the vegetation upon
which we and all animal life depend. He has made the mountains to catch and store the rain and to perform a role in stabilizing the crust of the earth,
as He has shown us in the Glorious Qur'an: "Have We not made the earth a vessel to hold the living and the dead? And We have made in it lofty mountains
and provided you sweet water to drink."24 " And the earth, after that He has spread it out; from it He has brought forth its waters and its pastures, and
He has made fast the mountains, a provision for you and for your cattle."25   " And the earth, We have spread it out, and made in it mountains standing
firm, and grown in it every thing in balance.  And We have provided in it sustenance for you, and for those whom you do not support."26  "And a sign for
them is the lifeless earth: We bring it to life and bring forth from it grain of which they eat. And we have made therein gardens of palms and vines.

 

If we would truly give thanks to the Creator, we are required to maintain the productivity of the soil, and not expose it to erosion by wind and flood;
in building, farming, grazing, forestry, and mining, we are required to follow practices which do not bring about its degradation but preserve and enhance
its fertility. For to cause the degradation of this gift of God, upon which so many forms oflife depend, is to deny His tremendous favors. And because
any act that leads to its destruction or degradation leads necessarily to the destruction and degradation of life on earth, such acts are categorically
forbidden.

Finally, the Prophet Muhammad, God's blessing and peace be upon him, declared that "The whole earth has been c!eated as a place of worship for me, pure
and clean."28 Accordingly, we are charged with treating it with the respect due to a place ofworship, and with keeping it pure and undefiled.


4. Plants and Animals

There is no denying the importance of plants and animals as living resources of enormous benefit, without which neither man nor other species could survive.
God - be He exalted -has not made any ofHis creatures worthless: every single form oflife is the product of a special and intricate development by God,
and warrants special respect. As a 1iving genetic resource, each species and variety is un ique and irreplaceab le. Once lost, it is lost forever .

By virtue of their unique function of producing food from the energy of the sun, plants constitute the basic source of sustenance foranimal and human life
on earth. God has said, "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."29

In addition to their importance as nourishment, plants enrich the soil and protect it from erosion by wind and water. They conserve the water by detaining
its runoff; they moderate the climate and produce the oxygen which we breathe. They are also of immense value as medicines, oils, perfumes, waxes, fibers,
timber, and fuel. God has said in the Glorious Qur'an, "Have you seen the fire you kindle? Was it you who grew its timber or did We grow it? We have made
it a reminder, and a comfort for the desert- dwellers."30

 
Animals in turn provide sustenance for plants, for one another, and for man. Their dung and their bodies enrich the soil and the seas. They contribute to
the atmosphere by respiration, and by their movements and migrations contribute to the distribution of plants. They provide food for one another and provide
mankind with leather, hair and wool, medicines and perfumes, and means of conveyance, as well as meat, milk, and honey. And for their highly developed
senses and perceptions and their social interre- lationships, animals are accorded special regard in Islam. For God considers them living societies exactly
like mankind. God has declared in the Glorious Qur'an, "There is not an animal on the earth, norany beingthatwings its flight, but is a people like unto
you."31

The Glorious Qur'an mentions the aesthetic functions of these creatures as objects of beauty in addition to their other functions. Since peace of mind is
a religious requirement which needs to be fully satisfied, those things which cause it should be amply provided and conserved. God has made in plants and
animals that which excites wonderandjoy in man's soul so asto satisfy his peaceofmind, afactorwhich is essential for man's proper functioning and full
performance.

The Glorious Qur'an also mentions other functions which these creatures perform and which man may not perceive, namely the functions ofworshipping God,
declaring if His praise and bowing down to Him as they are compelled by their very nature to do.   God has said, "Do you not see that to God bow down in
worship all things that are in ,Ii!: the heavens and on the earth -the sun, the moon, the stars, the mountains, the trees, the animals..."32 and God says,
"The seven heavens and the earth and all the beings therein proclaim His glory: There is not a thing but celebrates His praise, but you understand not
how they declare His glory."33 and He says, "To God bow all beings in the heavens and the earth -with good will or in spite of themselves."34

Islam emphasizes all measures for the survival and perpetuation of these creatures so that they can fully perform the functions assigned to them.  The absolute
destruction of any species of animals or plant by man can in no way be justified; nor should any be harvested at a rate in excess of its natural regeneration. 
This applies to hunting and fishing, forestry and wood-cutting for timber and fuel, grazing, and all other utilization of lfiving resources.  It is imperative
that the genetic diversity of living beings be preserved--both for their own sake and for the good of mankind and all other creatures.

The Prophet Muhammad, upon him be blessings and peace, was sent by God as "a mercy to all beings."35   He has shown us through his commandments and teachings,
how to tend and care for these creatures.  He said, "The merciful are shown mercy by the All-Merciful.   Show mercy to those on earth, and He Who is in
heaven will show mercy unto you." 36  He commanded mankind to provide for the needs of any animals under their care, and he warned that a person who causes
an animal to die of starvation or thirst is punished by God in the fire of hell. 37 Furthermore, he directed human beings to provide for needy animals
in general, telling of a person whose sins God pardoned for the act of giving water to a dog in desperate thirst.  Then when the people asked, O Messenger
of God, is there a reward in doing good to these animals?  He said, "There is a reward in doing good to every living thing." 38.

Hunting and fishing for food is permitted in Islam; however, the Prophet, upon him be blessings and peace, cursed anyone who uses a living creature as a
target, taking a life for mere sport. 39   Likewise he forbade that one prolong an animal's slaughter.40  He declared, "God has prescribed the doing of
good toward every thing: so when you kill, kill with goodness, and when you slaughter, slaughter with goodness.  Let each one of yu sharpen his blade and
let him give ease to the animal he is slaughtering."41.

The Prophet Muhammad, upon him be blessings and peace, forbade that a fire be lit upon an anthill, and related that an ant once stung one of the prophets,
who then ordered that the whole colony of ants be burned. God revealed to him in rebuke, "Because an ant stung you, you have destroyed a whole nation that
celebrates God's glory .""42 He once ordered a man who had taken the nestlings of a bird from their nest to return them whence he got them, to their mother
which was trying to protect them."43 He forbade that one needlessly and wrongfully cut down any tree which provides valuable shelter to humans or animals
in the desert,"" and the aim of this prohibition may be understood as prevention of the destruction of valuable habitat for God' s creatures.

On the basis of the Prophetic commands and prohibitions, Muslim legal scholars : rhave ruled that God's creatures possess inviolability (hurmah) which pertains
even in : war: The Prophet, upon him be peace and the blessing ofGod, forbade the killing of bees and any captured livestock, forkillingthem is a form
ofcorruption included in what God has prohibited in His saying, " And when he turns away, he hastens through the land  to cause corruption therein and
to destroy the crops and cattle: And God loves not corruption." 45 For they are animals with the spirit oflife, so it is not lawful to kill them in order
to gall the enemy idolators...And they are animals possessing inviolability just as do women and children."46

It is a distinctive characteristic of Islamic law that all anim.als have certain legal  rights, enforceable by the courts and by the office of the hlsbah.
The following of the Prophetic traditions:
, "The rights of livestock and animals with regard to their treatment by man: These t are that he spend on them the provision that their kinds require,
even if they have   aged or sickened such that no benefit comes from them; that he not burden them   beyond what they can bear; that he not put them together
with anything by which they would be injured, whether of their own kind or other species, and whether by breaking their bones or butting or wounding; that
he slaughter them with kindness
i ifhe slaughters them, and neither flay their skins nor break their bones until their f bodies have become cold and their lives have passed away; that
he not slaughter   their young within their sight; that he set them apart individually; that he make comfortable their resting places and watering places;
that he put their males and females together during their mating seasons; that he not discard those which he takes in hunting; and neither shoot them with
anything that breaks their bones nor bring about their destruction by any means that renders their meat unlawful to eat."47

Islam looks upon these created beings, both animals and plants, in two ways:
As living beings in their own right, glorifying God and attesting to His power and wisdom;
As creatures subjected in the service ofman and other created beings, fulfiling vital roles in the development of this world.

Hence the binding obligation to conserve and develop them both for their own sake and for their value as unique and irreplaceable living resources for the
benefit of one another and of mankind.


SECTION THREE

Protection of Man and the Environment
from the Harmful Impacts of Products and
Processes Generated by Man

If Islam is thus vigorous in its protection of the basic elements of the environment for the benefit ofpresent and future generations, it is equally earnest
in the protection of man and the environment from the harmful impacts of external tactors such as chemical products and wastes. Damage ofall forms and
kinds is forbidden in Islam. One of the fundamental principles of Islamic law is the Prophetic declaration, "There shall be no damage and no infliction
of damage."1 ' Prevention of damage and corruption before it occurs is better than treatment after it occurs. Another of the most important juristic rules
is, "The averting ofharm takes precedence overthe acquisition ofbenefits." Accordingly, all activities which aim at achieving good and securing benefits
by way of satisfying human needs, providing services and developing agriculture, industry, and means of communication, should be carried out without causing
significant damage, injury, or , corruption. It is therefore imperative that precautions be taken in the processes of envisaging, planning and implementing
such activities so that, as far as possible, they may not be accompanied by or result in any form of damage or corruption.

1. Wastes, Exhausts, Cleansing Materials, and Other Toxic and Harmful Substances

Wastes and exhausts, resulting from man's daily and ordinary activities or from industrial activities and uses ofmodem and advanced technology, should be
carefully:

 
disposed of or eliminated, in order to protect the environment against corruption and distortion and to protect man from the effects of these harmful impacts
on the environment, its beauty and vitality, and to ensure the protection of other environmental parameters. The accumulation ofwaste is largely a result
of our wastefulness; whereas Islam's prohibition of wastefulness requires the reuse of goods and recycling of materials and waste products in so far as
is possible, instead of their disposal as trash.

The Prophet, upon him be blessings and peace, forbade that a person relieve himself In a water source or on a path, or in a place of shade, or in the burrow
of a living creature.2 The values underlying these prohibitions should be understood as applicable to the pollution of critical resources and habitats
in general. Wastes, exhausts, and similar pollutants should be treated at their sources, with the best feasible means of treatment, taking care in their
disposal to avoid adverse side effects that lead to similar or greater damage or injury. The juristic principle in this connection is "Damage shall not
be eliminated by means ofsimilar or greater damage."

This is also true of the harmful effects of cleansing and other toxic or harmful materials used in homes, factories, farms, and other public or private
premises. It is absolutely necessary to take all possible measures to avoid and prevent their harmful effects before they occur, and to eliminate or remove
such effects if they do occur in order to protect man and his natural and social environment. Indeed, if the damage resulting from these materials proves
greater than their benefits, they should be prohibited. In this case, we should look for effective and harmless or less harmful alternatives.


2. Pesticides

These same principles apply equally to all pesticides including insecticides and  herbicides. The use of such materials should not lead to any harm or damage
to man or the environment in the present or the future. Consequently, control and prohibition of whatever leads to harm or damage to people or to ecosystems
is required, even though this control or prohibition may affect the interests of some individuals, in accordance with the principle that " A private injury
is accepted to avert a general injury to the  public." All legitimate and lawful means should be used to avoid and prevent damage or harm, provided that
such means do not lead to or cause similar or greater damage. The juristic rule in this connection is "The lesser of two evils shall be chosen." If the
use of such pesticides is unavoidable, then "Dire necessity renders prohibited things permissible." However, "Every necessity shall be assessed according
to its value," and "That which is permitted on account ofan excuse ceases to be permissible with the cessation t of that excuse."
     The most selective and least destructive means of pest control are required by these values and principles of Islam. Preventive measures, biological
controls, non-poisonous repellents, biodegradeable substances, and narrow-spectrum pesticides should be favored whenever possible overtheir more destructive
alternatives, and their application, should be carefully calculated to protect man, his crops, and Iivestock with utmost efficiency and effectiveness,
and with minimum overall injury to God's creation.


3.  Radioactive Substances

    The principles mentioned above apply as well to radioactive substances which not only are extremely toxic, but also remain so over extremely long periods
of time.  We should prevent and aoid the harmful effects of their use on people and ecosystems.  It is also imperative that we satisfactorily dispose of
all radioactive wastes.  Special precautions arerequired to prevent the discharge of such wastes from nuclear facilities, whether due to carelessness or
malfunction, and to avoid all harmful effects from the testing of nuclear explosives.

 
4. Noise

Since industries, mass communication, and transport tend to be accompanied by and associated with noise, it is necessary to look forall possible ways and
means ofavoiding and minimizing this noise. Noise has a harmful impact on man and the living elements of the environment -hence the necessity of reducing
and preventing this harm as far as possible and by every means, according to the rules and injunctions of Islamic law.



5. Intoxicants and Other Drugs

It is clear that intoxicants and narcotics have a harmful effect on man's physical and mental health and, as a consequence, on his life and his reason,
offspring, work, properties, honor, and righteousness. It has been proven without doubt that intoxicants and other drugs cause considerable physical, social,
and psychological disorders.   Therefore, all kinds of intoxicants and mind-affecting drugs have been prohibited in Islam. Their production and marketing
is forbidden as is that of anything that is associated with them or assists in their production. This shows the concern of Islamic legislation over fourteen
centuries for the protection ofman and the conservation ofhis social and physical environment against all forms and kinds of corruption, harm, damage and
pollution.

 
6. Natural Catastrophes

All necessary precautions should be taken to minimize the effects of catastrophes which befall man and the environment, such as floods, earthquakes, volcanic
eruptions, storms, natural conflagrations, desertification, infestations, and epidemics. It must be recognized that natural disasters are often caused
in part by acts ofman, and that their, consequences by way of loss of life and property are in many cases aggravated by inappropriate settlement, building,
and land use practices. Accordingly, their impacts can be largely mitigated by planning with foresight, based on understanding of natural processes. Unsuitable
land use practices and activities should not be permitted in areas inherently or potentially hazardous to human life and health or areas vulnerable to
disruption of natural processes.

Protection of man and man's properties and interests is essential and necessary and "Whatever is indispensable to fulfill an imperative obligation is itself
obligatory."

Islamic law maintains that "Damage shall be eliminated," and "Damage shall be Ii removed to the extent that is possible." H.owever, the protective measures
that are taken  should not lead to other adverse impacts in accordance with the principle that "Damage shall not be eliminated by means of similar damage."


3. The Mandate of the Governing Authorities

The primary duty of the ruler and his assistants, whether they are administrative, municipal, or judicial authorities, is to secure the common welfare and
to avert and eliminate injuries to the society as a whole. This includes protection and conservation of the environment and natural resources.

Historically, many of the responsibilities of environmental protection and conservation have come under the jurisdiction of the office of the hisbah, a
governmental agency which was charged specifically with the establishment of good and eradication of evils. The muhtasib, who headed this office, was required
to be a jurist thoroughly familiar with the rulings of Islamic law which pertained to his position. He was responsible for the inspection of markets, roads,
buildings, watercourses, reserves (hima) and so forth. Among his duties were supervision and enforcement of regulations and standards pertaining to safety,
hygiene, and cleanliness; the removal and disposal of wastes and pollutants; the prevention and elimination of hazards and nuisances; the protection of
reserves (hima) from violation and trespass; and the prevention. of abse and treatment of animals. He was responsible for assessing damages and imposing
fines and other penalties. In addition, he had wide discretion-ary authority to take necessary measures to ensure the public welfare.

The protection and conservation of the environment and natural resources involves two major aspects:

 
Remedy of damage; and Prevention of damage.

(a) The governing authorities have the obligation to take all necessary measures and actions associated with the elimination of existing damage, repair
of its effects, and provision of indemnity for it in application of the relevant principles of Islamic law, including "Damage shall be eliminated," "Damage
shall not be eliminated by means of similar damage," "If the original fails, its equivalent shall be resorted to," and "Exigency does not cancel the rights
of others."

The governing authorities have, for instance, the right to hold individuals, or- ganizations, establishments, and companies responsible for the elimination
and repair of damage resulting from their activities, enterprises, and projects which, although needed for the welfare of the whole community, may result
in damage to the environment and the natural resources. The legal rules in this regard are, "Damage shall be eliminated," and "Damage shall be removed
to the extent that is possible."

The governing authorities have the right and obligation to impose moratoria on various activities, projects, or enterprises if they realize that such activities,projects,
or enterprises will result in real damage to the environment that is in excess of or equivalent to the benefits thereof, because "The averting of harm
takes precedence over the acquisition of benefits." If, however, the community is in urgent need of some action that may result in certain damage, the
need may be considered as a necessity in implementing the principle that "'Dire necessity renders prohibited things permissible." In this case, "Damage
shall be removed to the extent that is possible," and "Every necessity shall be assessed according to its value." If, the need for such harmful actions
vanishes, the authorities should stop them, for "That which is permitted on account of an excuse ceases to be permissible with the cessation of that excuse."

The governing authorities have the right to hold individuals, organizations, establishments, and companies responsible for the cost of eliminating the damage
resulting from their activities, or of rehabilitating areas degraded by them. The juristic rule is "The author of an act is held responsible, even ifhis
act is not intentional." However, individuals, organizations, establishments, and companies should not be held liable for damage that may result from exercising
their lawful and legitimate rights in compliance with the terms of their licenses, charters, permits or contracts, and in accordance with correct and recognized
practices. For "Legal pemission cancels liability," according to the juristic rule.

The governing authorities have the right to claim damages or idemnity from in- dividuals, organizations, establishments, and companies for irreversible
damage to the natural environment resulting from their activities.

The governing authorities have the right to censure or punish individuals, or the owners of organizations and establishments or their designees, should
they infringe or violate the terms of licenses, charters, permits, or contracts deliberately or through evident negligence or violation of the general
policies and instructions set forth by the government for the conservation of the natural environment, its elements, and its resources.

The governing authorities have the right and obligation to intervene for the protection of animals whenever they are abused; to prohibit their killing by
illicit methods or for illicit purposes, and to prohibit undue injury to them. This applies equally to domestic animals and wild animals in captivity ,
whether in private ownership or in public institutions such as zoos, research institutes, etc. If an animal's owner mistreats it, or fails to provide it
adequate maintenance by way of food, water, shelter, and the like, the governing authorities are to compel him to provide for its needs; and if he refuses
or is unable to provide and care for it properly, the authorities must compel him to sell it; or he may slaughter it for food if it is of a kind that is
lawful to eat.

(b) The governing authorities have the obligation to take all necessary measures and actions to avoid, prevent, or minimize damage before it occurs in application
of the principle "There shall be no damage and no infliction of damage," and the juristic method of obstructing outwardly legitimate means which may serve
as pretexts for illegitimate ends.

The governing authorities have, for instance, the right and obligation to forbid any activity, whether temporary or permanent, that may lead to or result
in dam- age or mischief. No one is entitled to obstruct the community's sustainable use of any of the basic elements or resources of the environment. This
applies to air pollution by smoke and harmful fumes from factories, cars, and the like, and to the impairment of water resources through the ruin ofpublic
wells, and the depletion of aquifers or their pollution by means of toxic substances that render them unfit for use. It also applies to overhunting, overgrazing,
and destruction of valuable habitats and biotopes, deforestation, and any degradation of the natural resources through their misuse or overexploitation.

The governing authorities have the right to limit the scope of action, its place, time, kind, and quality so as to prevent, avoid, control, minimize, or
limit dam- age or restrict it to a certain place or time.

The governing authorities have the right and obligation to impose specific measures or technical standards and to require particular methods or techniques
to prevent the occurence of damage, or minimize it, or restrict it to the least and narrowest scope possible and with the least possible impact. Experts
and specialists in all relevant fields are to be entrusted with determining the appropriate criteria.

The governing authorities have the right and obligation to take all measures necessary for the preservation of rare and endangered species of animals and
plants and the habitats or biotopes needed for the survival of viable populations; and to impose sanctions against individuals, establishments, and companies
that violate such measures.

The governing authorities have the obligation to provide guidance and infonnation about all matters upon which the public welfare depends -including the
correct and sustainable use of the earth's resources and to provide encouragements and incentives for beneficial practices.

The governmental authorities have the right, and in this age of increased human impact, the obligation to take a guiding role in planning the development
of the land and sea and the utilization of their natural resources to secure the wel- fare of created beings and avert injury to them. Such planning should
include the preservation of areas ofspecial ecological importance and distinction, as well as the adaptation of development in ecologically sensitive areas
to accord with the particular natural constraints, capacities, and characteristics of each area. This requires that all development projects and activities
be assessed with regard to their potential benefits and detriments or impacts, both immediate and long-tenn, prior to their approval. It also requires
that if approved, such projects be designed and implemented in such a manner as to minimize hannful impacts and ensure the preservation of ecosystems for
the benefit of present and future generations. Such development planning should be accomplished within the framework of the policies and legislative principles
discussed above, and the Islamic institutions for conservation and sustainable development as described below.


4.  Islamic Institutions for the Conservation and Sustainable Development of Natural Resources:

Among the prerequsites for effective conservation of the natural environment are appropriate institutional arrangments by which society m,ay allocate the
usufruct of natural resources, by which the users may be made responsible for their proper maintenance, and through which models, encouragements, and in
incentives are established for their beneficial use and enhancement.

(a)  Land reclamation or revival (ihya'al-mawat)
   Normally, in Islamic law, any person who brings life to unowned land by undertaking its cultivation or reclamation or otherwise putting it to beneficial
use acquires it as his private property. Only those actions which bring new life to the land confer ownership; mere exploitation does not constitute revival.
Ihya' gives people a powerful incentive to invest in the sustainable use of the land to provide for their welfare and the welfare of their families and
descendents. However, lands in which development would be injurious to the general welfare are not acquired through ihya'. The governing authorities have
the right and obligation to prevent the development of vacant land wherever such development would result in environmental damage, abrogate previous- ly
established rights, or remove an indispensable resource from public access. This includes all lands which are set aside as reserves (hima) for the general
good, inviolable zones (harim) protecting water resources and other uti.lities, communal pasture lands and woodlands pertaining to villages, and lands
containing resources which are indispensable to the welfare of the community.

 
The governing authorities have the right to make grants (iqta') of unowned land for purposes of reclamation such as agriculture, horticulture, building,
and other kinds ofdevelopment, so as to channel such developments to suit- able locations and away from unsuitable locations. Land grants may also serve
as means of compensation to people whose lands are appropriated for a public good, or in whose lands development is restricted in the public interest.
Land grants are subject to the principles that govern ihya': They may not contain resources upon which the public welfare depends. A grant does not in
itself confer ownership; only that land which the recipient actually revives becomes his property. Whatever land the recipient fails to develop within
a reasonable time returns to its previous unowned state, so that others may benefit from it.
    The governing authorities have the right to institute the lease (ijarah) of state- owned lands or to grant their usufruct (iqta' manfa'at al-ard or
iqta' al- istighlal) for the purpose of reclamation, and to specify the kinds of impro- vements to be undertaken or the crops to be grown, and the management
practices and techniques of fanning, building, and so forth, to be employed. Long-tenn leases and grants of usufruct give the recipients an incentive to
in- vest in the sustainable use of the land while making them directly accountable to the authorities which maintain control and supervision over its utilization.
Lease and grant of usufruct are well suited for environmentally vulnerable lands which require special management practices.

(b) Reserves (al-hima)
    The governing authorities have the right and obligation to establish reserves (hima) for purposes pertaining to the public good, such as the conservation
and management of rangelands, forests and woodlands, watersheds, and wildlife. While the Prophet, upon him be blessings and peace, abolished private reserves
for the exclusive use of powerful individuals, he established public reserves in the way of God for the common good, as did the Rightly Guided Caliphs
after him. The governing authorities should establish such reserves in the most strategic and suitable locations for range enhancement and management,
wildlife protection and propagation, woodland preservation and afforestation, and watershed conservation and improvement. Within such reserves development,
woodcutting, grazing, and hunting may be prohibited or restricted in accordance with the special purposes of each reserve.

(c) The two inviolable sanctuaries (al-haramaan)
    Islamic law defines each of these places as an inviolable sanctuary (haram) within which the injury of wild animals and plants is forbidden.
    The sacred territory surrounding Makkah is a sanctuary for human beings, wildlife, and native vegetation. The Prophet Muhammad, upon him be blessings
and peace, declared on the day that Makkah submitted to Islam, "It is sacred by virtue of the sanctity conferred on it by God until the day of resurrection.
Its thorn trees shall not be cut down, and its game shall not be disturbed, and the objects lost within it shall be picked up only by one who will announce
them, and its fresh herbage shall not becut." 'Abbas suggested, "O Messenger of God -except for al-adhkhir (Cymbopogon schoenanthus, sweet rush or lemon
grass), for it is used by their artisans and in their homes." So the Messenger ofGod, upon him be blessings and peace, said "Except foral-adhkhir."12 Strict
avoidance of injury to native vegetation and wildlife is possible only through minimization of negative impacts on their environment. All planning, design,
and construction within the sacred precincts of Makkah should therefore be carried out with extraordinary sensitivity and care.
    The Prophet Muhammad, upon him be blessings and peace, established a similar sanctuary between the mountains and lava flows surrounding al- Madinah,
saying, "Verily Abraham declared Makkah a sanctuary and I declare al Madinah, that which lies between its two lava flows, a sanctuary; its trees shall
not be cut and its game shall not be hunted."IJ His companion Abu-Hurayrah stated, "Were I to find gazelles in the land between its two lava flows, I would
not disturb them; and he (the Prophet) also made the environs of al-Ma-dinah for twelve miles a reserve (hima)."14

(d) Inviolable zones (al-harim).
    Islamic law designates various inviolable zones within which developments are prohibited or restricted to prevent the impairment of utilities and natural
resources.

    In Islamic law, every town and village should be surrounded by an inviolable zone within which the right to acquire vacant land through its development
is restricted. These municipal common lands are to be managed by the people of the settlement to provide for their needs such as forage and firewood and
the like, and to facilitate their use and development of it in the manner most con- ducive to their long-term welfare.
    According to Islamic law, sources of water such as seas and lakes, rivers, springs, wells, watercourses, and utilities such as roads and squares should
have inviolable zones resembling easements to prevent their impairment, to facilitate their use and maintenance, and to preclude nuisances and hazards.
The governing authorities have the right and obligation to prevent the violation of these zones.

(e) Charitable endowments (waqf)
    Islam encourages individual Muslims to participate in the conservation and wise development of the environment through various gifts, bequests, and
loans. The most important institution oflslamic law in this regard is the charitable endowment (waqf), which constitutes the major avenue for private contribution
to the public good. It is related that when the Caliph 'Umar ibn al-Khattab acquired land in Khaybar, he came to consult the Prophet, upon him be blessings
and peace, and said, "0 Messenger ofGod, I have acquired land in Khaybar; never have I received property dearer to me than this; so what do you command
me to do with it?" And the Prophet, upon him be blessings and peace, replied, "If you wish you may make it an endowment and give its produce as charity."
His son, Ibn 'Umar, remarked that "Umar gave it in charity, declaring that it must not be sold or gifted or inherited, and that its yield would be devoted
to the poor, to kinsfolk, to the freeing of slaves, for the cause ofGod, for travellers, and for guests." 15
    The waqf may take the form of a land trust dedicated in perpetuity to charitable purposes such as agricultural and range research, wildlife propagation
and habitat development, a village woodlot, or a public cistern, well, or garden; or it may take the form of a fund or endowment for the financing of such
projects. The governing authorities may set provisions and standards for such waqf lands and funds, and for the qualifications of their managers, so that
the benevolent objectives of such projects may be effectively fulfiled.


2. Principles Governing Public Policy and Legislation in Islam

(a) In Islamic law, God alone is the real owner of the earth and all that it contains. "People do not in fact own things, for the only real owner of things
is their Creator,  be He glorified and exalted. Indeed, people do not own anything but their usufruct ill in the manner permitted by the revealed Law."
6  All properties and resources are held in trust by human beings, to be used only in accordance with their divinely ordained purposes. Therefore, while
the right to hold private property is rigorously safeguarded in Islamic law, there are important restrictions on its use.

(b) Accordingly, principles prohibiting the abuse of rights have been derived from the Prophetic declaration, "There shall be no damage and no infliction
of damage." A right shall be exercised only for the achievement of the ends for which that right it was created, and a person invalidates his right, if
by exercising it he intends to  cause damage to another; or if its exercise does not result in any benefit to him but results in damage, even unintentional,
to another; or if in spite of bringing benefit to him, its exercise results in excessive damage to another, or in general damage to the community.

(c) The right to benefit from the essential environmental elements and resources, such as water, rangeland, fire and other sources of energy, forests, fish
and wildlife, arable soil, air, and sunlight, is, in Islam, a right held in common by all members of society.

 
Such benefits may be direct, by way of harvesting or extracting the resource, or they may be indirect, by way of access to its products. Each individual
is entitled to benefit from a common resource to the extent of his need, so long as he does not violate, infringe, or delay the equal rights of other members.
I.n return for profiting from the resource, he is obliged to maintain its original value; If he causes its destruction, impairment, or degradation, he
is held liable to the extent of repairing the damage, because he has violated the rights of every member of society.

(d) To the extent that a common resource is not sufficiently abundant for everyone to use it freely without impinging on others' rights, the direct rights
of usufruct are allocated according to considerations which include the following:
     i) The degree ofneed; needs are to be distinguished from wants and precisely assessed both quantitatively and qualitatively;
     ii) The impact on the resource.
     iii) Investment in the resource by way of work and capital; and
     iv) Priority of claim in time on the use of the resource.

Finally, rights of usufruct are linked to accountability for the proper use and maintenance or conservation of the resource.

This accords with the fundamental legal principle established by the Prophet Mu- hammad, upon him be blessings and peace, "The benefit of a thing is in
return for the liability attaching to it,"7  and its converse, "Liability for a thing is an obligation accompanying the benefit thereof."

(e) Islamic law stipulates the interference of the ruling authorities to secure the common welfare and to eliminate injuries to society. This is their original
and primary duty. The limits of such interference are defined in Islamic public policy by the ultimate purposes oflslamic legislation as well as by the
actual, lawful tasks and responsibilities assigned to them. The basic juristic rule in this connection is "The management of subjects' affairs by the ruler
shall be according to their welfare." There is no doubt that a leader's actions become illegitimate and unlawful if they are based on whim or autocracy
with no consideration for the common good. The legitimate interference of the governing authorities is aimed at favoring the actual and essential common
interests, and at the protection of those interests within the framework of balancing conflicting interests.

(f) In Islam all acts are evaluated in terms of their consequences as social goods and benefits (masalih) and social detriments and evils (mafasid). Muslim
planners,
designers, and administrators must always aim at the universal common good of all created beings. This means that they must strive to harmonize and fulfil
all
interests. However, when it is impossible to satisfy all immediate interests, the universal common good requires evaluation and prioritization by weighing
the welfare of the greatest number, the importance and urgency of the various interests involved, the certaintyor probabilityof benefit or injury, and
the ability of those
affected to secure their interests without assistance.

The basic principle has been articulated thus:

"What is requried is to safequared all benefits and bring them to perfection, and to eliminate all detriments and minimize them.  And if they prove irreconcilable,
it is to safeguard the greater good by the exclusion of the lesser, and to remove the greater harm by acceptance of the lesser.  This is the mandate of
the Law." 8

The interests of the Islamic nation and the society as a whole take priority over the intersts of individuals and various groups when they cannot be reconciled.  
Among the Juristic principles of Islamic law are: "Priority is given to preserving the universal interest over particular interests," and "The general
welfare takes priority over individual welfare." From this basis is derived the principle that : "A private injury is accepted to avert a general injury
to the public." Similarly, sacrificing private interest for the purpose of achieving and protecting the common interest of the public is related to the
juristic principles that "The lesser of two evils shall be chosen," "Severe damage shall be removed by means of , lighter damage," and "If one of two opposing
detriments is unavoidable, thevmore injurious is averted by the commission of the less injurious."

Social goods or interests are to be assessed according to their importance and urgency. There are necessities (daruriyat) which are absolutely indispensable
to preserve religion, life, posterity, reason, and property; then needs (hajiyat) which if unfulfiled will lead to real hardship and distress; and finally
supplementary benefits (tahsiniyat) which involve the refinement and perfection of ethics and the enhancement of life. Preference and priority are given
to fundamental necessities if these conflict with less acute needs or supplementary benefits. In the same way, preference and priority are given to the
lesser needs if these conflict with supplementary benefits.

Interests differ in degree of actuality and certainty. There are actual or definitely known interests, and projected or probable interests. Priority is
to be given
to actual or known interests in case of conflict with projected or probable  interests ofsimilar importance.
                                                                                      
Consideration is to be given to the abilities ofvarious groups to secure their welfare without the government's intervention. The governing authorities
are obliged to protect and care for the disadvantaged and less influential groups in accordance with the juristic principles that "The averting of harm
from the poor takes priority over the averting of harm from the wealthy, " and "The welfare of the poor takes priority over the welfare of the wealthy."9

Some actions may help to achieve certain interests, but unavoidably bring about damage and destruction of similar or even greater magnitude. The juristic
principle in this connection is, "The averting of harm takes precedence over the acquisition of benefits," for indeed the first step towards the achievement
and realization of the common good is to eliminate damage and destruction.


SECTION FOUR

 Legislative Principles, Policies, and Institutions of slamic Law which Govern the Procedures and Measures for the Protection and Conservation of the Environment

The ultimate objective of Islamic law is the universal common good of all created beings, encompassing both our immediate welfare in the present and our
ultimate welfare in the hereafter. This objective of the universal common good is a distinctive characteristic of Islamic law. It means that no species
or generation may be excluded from consideration in the course ofplanning and administration, but that each individual Muslim as well as the Muslim community
must honestly strive toward the welfare of the whole.

1. The Mandate of the Individual

The ultimate responsibility for right action lies with the individual who will be judged on the Day of Judgement for what he did with his life, regardless
ofwhat the governing authorities with their various administrative and municipal agencies and courts of law required of him. Therefore the protection,
conservation, and development of the environment and natural resources is a mandatory religious duty to which every Muslim should be committed. This commitment
emanates from the individual's responsibility before God to protect himself and his community.

 
Religious awareness and guidance in this field is necessary so that each individual may take part in the protection and development of the environment and
natural resources. Much environmental degradation is due to people's ignorance ofwhat their Creator requires of them. People should be made to realize
that the conservation of the environment is a religious duty demanded by God. God has said, "Do good, even as God has done you good, and do not pursue
corruption in the earth. Verily God does not love corrupters."1 "Eat and drink, but waste not by excess; Verily He loves not the excessive."2 " And do
not follow the bidding of the excessive, who cause corruption in the earth and do not work good."3 " And do not cause corruption in the earth, when it
has been set in order."4 Any deliberate damage to the natural environment and resources is a kind of corruption which is forbidden by Islam. It is indeed
a kind of despicable foolishness which every Muslim should shun, and which every ruler and every individual should prohibit, especially if it leads to
or results in general damage. God has said, "Let there be of you a nation that calls to the good, that establishes right and eradicates wrong. Such are
they who shall prosper."5

Religious awareness and Islamic guidance should employ all possible means at all  levels to call all individuals to commit themselves to Islamic ethics,
morals, and manners in dealing with nature, the environment, and the natural resources for their sustainable u.se and development. All individuals should
be reminded of the following religious obligations:

No wastage or over-consumption o natura resources;
No unlawful obstruction or destruction of any component of the natural resources;
No damage, abuse, befoulment or distortion of the natural environment in any way;
Sustainable development of the earth, its resources, elements, and phenomena through the enhancement of natural resources,. the protection and conservation
of them and of all existing forms of life, bringing new life to the land through its reclamation, and the rehabilitation and purification of the soil,
air, and water.


SECTION FIVE

Conclusions

The conservation of the natural environment is an imperative commanded by God, the Lord and Sustainer of all beings. It is a matter of utmost importance
to man, who is its subject, its end, and its means. For protection of the natural environment from abuse by man leads to the welfare of man himself together
with the welfare of all other beings created by God. The need to protect the natural environment with all its biological components from the harmful activities
ofman has existed as long as history has been recorded. However, the problem has been magnified enormously within this century , as man's capacity to affect
it has expanded with tremendous speed, while with respect to his responsibility of stewardship on earth, he remains unjust and foolish.

Now, more than ever before, we witness in the accelerating degradation of our environment God's warning, "Corruption has appeared in the land and sea for
that which the hands ofmen have earned, that He may make them taste some part of what f they have wrought, in order that they may return."1 Should we fail
to return to the t responsible and sustainable use of the earth, we may expect the fate of others who caused corruption in the earth: God has declared,
"How many a population have We destroyed that was wanton with its means oflivelihood! There are their dwelling-places, undwelt in after them, all except
for a few; and We are the Inheritors."2 "How many were the gardens and springs that they left behind, the fields and noble sites, and the pleasant things
in which they took delight!  So it was -and We made it an inheritance for other folk. Not heaven nor earth did weep for them, nor were they reprieved."3


 
The remedy lies in the direction and guidance of man and society , their values, laws, institutions, and actions. Short-sighted materialism with its focus
on narrow short-term interests is at the root of our affliction. For technological progress should never be achieved at the expense of man's health, happiness,
or livelihood. Similarly, we should never sacrifice the coming generations to achieve any material or economic benefit with uncertain consequences, for
the sake of the contemporary generation's gain. Likewise, we should never extirpate any species ofGod's creatures from the face of the earth or wreck irreparable
damage to the life-sustaining ecosystems of the planet.

The all-inclusive approach of Islam to man, without any discrimination based on time, age, place, or race; and Islam's all-inclusive approach to the universe,
regarding the welfare of the whole without excluding from consideration any of its parts, is the essence of the ecological consciousness that is so sorely
needed for our deliverence. Indeed the fundamental criterion forall development and conservation of the environment in Islam is to best serve the Creator
by realizing the greatest good to His creatures.

It is a distinctive characteristic oflslamic law that it aims explicity at the universal common good of all created beings. This reflects a conviction that
the best interests of all species, generations, peoples, regions, and individuals are ultimately in harmony and not in conflict, in the scheme of God,
The Almighty, All Knowing.

Accordingly, Islam promotes emphatically all measures that lead to the realization :iI of the common good and make it a tangible reality .In this light,
it is imperative that the :[I following principles be taken into consideration.

1. The conservation of the natural environment is a moral and ethical imperative.

Environmental problems cannot be solved through knowledge and technology alone. Enlightened self-interest does not motivate people to do more than is convenient
and profitable for themselves. Only moral conviction and ethical consciousness -- on both individual and social levels -- can motivate people to forego
some of the short-range profits of this life, and to make personal sacrifices for the common good. It is only when our ethical horizons extend to embrace
not only mankind but all generations and all created beings, that we can perform the noble role of stewardship on earth for which God created us.

2. Ethical teachings should be backed with legislation and effective enforcement of injunctions and prohibitions. While some people respond to their nobler
ethical instincts, others fail to rise above their most petty and selfish desires. Appeals to conscience without positive inducement and enforcement put
those who respond with self-restraint at a disadvantage with respect to those who exceed the bounds of fairness and infringe the rights of others as they
please. Moreover, people know their own needs and interests and their associates' needs and interests far better than they can know the competing needs
and interests of other peoples and social groups; thus even their moral impulses can work against the common good. The force of law and political authority
are therefore indispensable to bring about
justice and.equity in the allocation. and distribution of natural resources and in implemening the measures required for the protection and conservation
of the earth and what it contains.

3. Through the institutional arrangements of society , conservation should be integrated with ecologically sustainable development. Conservation divorced
from sustainable development is neither socially acceptable nor economically viable. People's rights to harvest and extract the natural resources on which
society depends should be allocated according to the effort they invest in the beneficial use and conservation of these resources, and linked to accountability
for the way they use these common assets of society .The right to use a resource sustainably for profit provides an incentive to reinvest in its conservation
and enhancement.  Similarly, the economic benefits of the conservation of a resource should return to those people who have bourne the cost of its conservation.


4. Scientific and technical knowledge of the natural environment and the means of its conservation should continually be improved and developed through
ongoing scientific research and monitoring. Accurate information is indispensable to make enlightened decisions for the conservation of the natural environment,
to avoid acts that lead to its degradation, and to rectify damage that already has occurred. Such information should be disseminated as widely as possible
and incorporated into extension services and basic education in the schools and universities so as to enable the public to participate fully in the conservation
of the environment.

5. The development of the earth, in order to be ecologically sustainable, should be planned and carried out in accordance with the natural constraints,
ecological values and sensitivities, and inherent suitabilities of its various localities. Planning for development should in every case include analysis
of environmental impacts, and be designed to minimize damage to the natural environment and depletion of natural resources. Due consideration ofall aspects
of the environment, including science, health, and natural beauty, should be emphasized throughout every development project.

6. Developmental actions and projects undertaken in one country should not lead to any kind of damage, harm, or degradation in the natural environment of
another country .Private or local progress should not be achieved through the injury of others, or by any means that leads to their injury .

7. The natural environment and natural resources should not be subjected to any irreparable damage for the purpose ofmilitary or hostile actions.

In view of the aforementioned, the teachings of Islam promote all endeavors, whether local, regional, or international in scope, and call for the joining
of concerted efforts in all fields to conserve, protect, and rehabilitate our natural environment. The challenge that faces us is unprecedented in its
magnitude, and to meet it requires an enormous mobilization of resources, sound strategies, and resolute action, so that we may, God willing, maintain
and perpetuate a good and prosperous life for the present and future generations of mankind and all created beings.

And our final word is, Praise be to God, the Lord and Sustainer of all being.


Notes

SECTION ONE
1. Qur'an: Surat al-Qamar (54), ayah 49.
2. Qur'an: Surat ar-Ra'd (13), ayah 8.
3. Qur'an: Surat al-Hijr (15), ayah 19.
4. Qur'an: Surat an-Nur (24), ayah 41.
5. Qur'an: Surat Ta Ha (20), ayahs 53-54.
6. Qur'an: Surat ad-Oukhan (44), ayahs 38-39.
7. Qur'an: Surat al-An'am (6), ayah 95.
8. Qur' an: Surat AI-Mulk ( 67), ayahs 1-2.
9. Hadith related by al-Bayhaqi in Shu 'ab al-Iman, and by al-Khatib at-Tabrizi in Mishkat al-Masabih on the authority of Anas and 'Abd-Allah ibn Mas'ud,
with a transmission ofweak authority.
10. Hadith of sound authority, related by Muslim on the authority of Abu  Sa'id al-Khudri.
11. Qur' an: Surat Fussilat (41 ) ayah 10.
12. Qur'an: Surat Hud (II), ayah 61.
13. Hadith of sound authority, related by al-Bukhari and Muslim on the authority of Anas.
14. Hadith related by the Imam Ahmad in the Musnad, and by at- Tabarani in al-Mu'jam al-Kabir, on the authority of Abu ad-Oarda', with a reliable chain
of transmission.
15. Hadith of sound authority, related on the authority of Anas ibn Malik by the Imam Ahmad in the Musnad, and by al-Bukhari in al-Adab al-Mufrad, and
by Abu-Oawud at-Tayalisi in his Musnad.
16. Athar related by Yahya ibn Adam al-Qurashi in Kitab al-Kharaj, on the authority of  Sa'id ad-Oabbi.

 
SECTION TWO
l. Qur'an : Surat Ibrahim (14), ayahs 32-34.
2. Taqi ad-Oin Ahmad ibn Taymiyah, in Majmu ' al-Fatawa.
3. According to Islamic jurisprudence, a valid analogical ruling must  nonnally be based on a definable objective cause ('illah; in this case  the fact
that every created being is a sign of its Creator), rather than being based directly on an underlying  value and reason (hikmah; in this case the beneficial
functions of every created being). This is because the hikmah is harder to define and specify .
4. Qur'an: Surat al-Anbiya' (21), ayah 30.
5. Qur'an: Surat al-Baqarah (2), ayah 164.
6. Qur'an: Surat al-An:.am (6), ayah 99.
7. Qur'an: Surat al-Hajj (22), ayah 5.
8. Qur'an: Surat al-Furqan (25), ayahs 48-49.
9. Qur'an: Surat al-Waqi'ah (56), ayahs 68-70.
10. Qur'an: Surat al-Mulk (67) ayah 30.
11. Qur'an: Surat al-Anfal (8), ayah II.
12. Qur'an: Surat an-Nahl (16), ayah 14.
13. Qur'an: Surat al-Ma'idah (5), ayah 96.
14. Qur'an: Surat al-Qamar (54), ayah 28. ,
15. Hadith related by Abu-Dawud, Ibn Majah, and al-Khallal.
16. Hadith. related by the Im.am Ahmad in the Musnad.and by Ibn Majah on the authorIty of' Abd-Allah Ibn ' Amr , wIth a transmIssIon of weak authority
.
17. Qur'an: Surat al-Hijr (15), ayah 22.
18. Qur'an: Surat al-Baqarah (2), ayah 164.
19. Qur'an: Surat al-A 'raf(7), ayah 57.
20. Qur'an: Surat ar-Rahman (55), ayah 10.
21. Qur'an: Surat ar-Rum (30), ayah 20.
22. Qur'an: Surat Nuh (71), ayahs 17-18.
23. Qur'an: Surat Nuh (71), ayahs 19-20.
24. Qur'an: Surat al-Mursalat (77), ayahs 25-27.
25. Qur'an: Surat an-Nazi'at (79), ayahs 30-33.
26. Qur'an: Surat al-Hijr (15), ayahs 19-20.
27. Qur'an: Surat Ya Sin (36), ayahs 33-35.
28. Hadith of sound authority, related byal-Bukhari, Muslim, and at- Tirmidhi, on the authority of Jabir ibn' Abd-Allah and others.
29. Qur'an: Surat 'Abasa (80), ayahs 24-32.
30. Qur'an: Surat al-Waqi'ah (56), ayahs 71-73.
31. Qur'an: Surat al-An'am (6), ayah 38.
32. Qur'an: Surat al-Hajj (22), ayah 18.
33. Qur'an: Surat al-Isra' (17), ayah 44.
34. Qur'an: Surat ar-Ra'd (13), ayah 15.
35. Qur'an: Surat al-Anbiya' (21), ayah 107.
36. Hadith related by Abu-Dawud and at- Tirmidhi on the authority of'Abd-Allah ibn ' Amr .
37. Hadith of sound authority, related by al-Bukhari and Muslim on the authority of'Abd-Allah ibn 'Umar and Abu-Hurayrah.
38. Hadith of sound authority, related by al-Bukhari and Muslim on the authority of  Abu-Hurayrah.
39. Hadith on sound authority, related by al-Bukhariand Muslim on the authority of'Abd-Allah ibn 'Umar.
40. Hadith of sound authority, related by al-Bukhari and Muslim on the authority of'Abd-Allah ibn 'Umar; and hadith related by Abu-Dawud on the authority
of 'Abd-Allah ibn 'Abbas and Abu-Hurayrah.
41. Hadith of sound authority , related by Muslim and Abu-Dawud on the authority of Shaddad ibn Aws.
42. Hadith of sound authority, related by al-Bukhari and Muslim and others on the authority of Abu-Hurayrah.
43. Hadith related by Abu-Dawud on the authority of'Amir ar-Ram.
44. Hadith related by Abu-Dawud on the authority of'Abd-Allah ibn Hubshi.
45. Qur'an: Surat al Bagarah (2) ayah 205.
46. Muwaffaq ad-Din 'Abd-Allah ibn Qudamah, in al-Mughni.
47. 'Izz ad-Din ibn 'Abdas-Salam, in Qawa 'id al-Ahkamfi Masalih
al-Anam.  This passage falls within a discussion of huquq al-'ibad, the rights or legal and moral claims of human beings and other creatures upon each
legally responsible  person. The rights or legal claims of animals are less comprehensive than those of man, and are subject to limitations such as the
defense of human life and property and the requirements ofhuman beings for food. It is, however, significant that in Islam the concept ofrights or legal
claims enforceable by law applies to animals as well as human beings.

SECTION THREE
1. Hadith related by the Imam Malik in the Muwatta' with an incomplete transmission; and by al-Hakim in al-Mustadrakwith a complete chain of transmission;
and he described it as of sound authority on the conditions ofMuslim. This and subsequent legal principles are well known, and unless otherwise referenced,
are found in the books of al-Ashbah wa 'n-Naza 'ir by lalal ad-Din 'Abd ar- Rahman as-Suyuti and Zayn al-' Abidin ibn Nujaym, and in the Maja/lat al- Ahkam
al-'Adliyah.
2. Ahadith related by Abu-Dawud and others, on the authority ofMu'adh, Abu-Hurayrah, and 'Abd-Allah ibn Sarjis.

SECTION FOUR
1.  Qur'an: Surat al-Qasas (28), ayah 77.
2.  Qur'an: Surat al-A 'raf (7), ayah 31.
3.  Qur'an: Surat ash-Shu'ara' (26), ayahs 151-152.
4.  Qur'an: Surat al-A'raf(7), ayahs 56.
5.  Qur'an: Surat AI'Imran (3), ayah 104.
6.  Abu 'I-Faraj 'Abd ar-Rahman ibn Rajab, in al-Qawa 'id.
7.  Hadith of sound authority, related by at- Tirmidhi and Abu-Dawud on the authority of' A'ishah.
8. Taqi ad-Din Ahmad ibn Taymiyah, in as-Siyasat ash-Shar 'iyah.
9. 'Izz ad-Din ibn 'Abd as-Salam, in Qawa'idal-Akhamfi Masalih
al-Anam.
10. These institutions are described under the relevant chapters of every manual of Islamic law (fiqh).
11. These himas are mentioned by the Imam ash-Shafi'i in Kitab al Umm and by Muwaffaq ad-Din 'Abd-Allah ibn Qudamah, in al-Mughni, as well as in other
sources.
12. Hadith of sound authority, related by al-Bukhari and Muslim on the authority of'Abd-Allah ibn 'Abbas.
13. Hadith of sound authority , related by Muslim on the authority of Jabir ibn ' Abd- Allah.
14. Hadith of sound authority, related by Muslim on the authority of Abu Hurayrah.
15. Hadith of sound authority, related by al-Bukhari and Muslim on the authority  of'Abd-Allah ibn 'Umar.

SECTION FIVE
1.  Qur'an: Surat ar-Rum (30), ayah 41.
2.  Qur'an: Surat al-Qasas (28), ayah 58.
3.  Qur'an: Surat ad-Dukhan (44), ayahs 25-29.

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