Archive for May, 2010

Towards an Islamic Jurisprudence of the Environment

This paper aims at formulating a coherent and systematic jurisprudence of the environment based on the Islamic revealed knowledge and heritage. The latter reflects the practical experience in the field and, therefore, forms the ground for a positive relationship with the environment. Within the Islamic world-view, this positive relationship is perceived as an act of faith which comes in line with the essential role of human beings on earth; to worship the one and only God. Therefore, our relationship with the environment should be regulated in the field of jurisprudence.

In addition, the paper explores how the Islamic world-view takes care of the different components of the environment, each separately. Finally, there is a discussion of the aims [maqasid] of the Shari’ah, where the aims are reconsidered. The Epistemological Framework:     Islam is considered a comprehensive way of life whose teachings cover, directly or indirectly, every possible human relationship including that with the environment. These teachings are primarily available in the revealed knowledge which comprises the Qur’an and the Sunnah. There remains two other sources, namely the Ijma’ and Qiyas; they are dependent on the first two in different ways and degrees. The relationship is so complex that cannot be represented in this paper for brevity. It is discussed, however, in books of Usul al-Din.

In what follows, some of the verses that define the epistemological parameters of the Qur’an are considered. One verse, at the beginning of Surat Al-Baqarah, presents the Qur’an as a book of guidance:

“This is the Book; In it is guidance sure, without doubt, to those who fear God” (Qur’an, 2:2)

Moreover, Allah [S.W.T] shows that the Qur’an encompasses the foundations for knowledge and ethics, He says:

“…Nothing have We omitted from the Book…” Qur’an, 6:38

In addition, the Qur’an announces that Islam, as a Din, has been perfected by Allah [S.W.T]. It is considered a comprehensive way of life which accommodates every aspect of it. The Islamic world-view is established upon the very notion of Islam as a perfect religion:

“…This day have I perfected your religion for you, completed My favor upon you, and have chosen for you Islam as your religion” Qur’an, 5:3

It is no wonder, in the light of what has been discussed above, that a jurisprudence of the environment is founded. This paper presents all aspects of the environment from within the Islamic world-view, an not as something alien to it.

Jurisprudence [Fiqh] vs. Philosophy of the Environment:

This paper chose jurisprudence (fiqh) over philosophy for many reasons. The first reason is that “philosophy” is a term borrowed from the western world-view and therefore remains, until today, not welcomed in Islamic consciousness. Philosophy is still associated with sophistry and metaphysics which hampers its ability to bring about favorable behavior. Fiqh, on the other hand, is a accepted and associated in Islamic consciousness with the lawful and the prohibited in human behavior. Therefore, it is more capable of modifying behavior positively.

Furthermore, once this subject is accepted as part of jurisprudence, it becomes, relatively speaking, easier to include as integral part of the books of Fiqh, and in school curricula. This may facilitate the spread of environmental awareness, which is part and parcel of Islam. The Categories of the Relationship Between Human Beings and the Environment: 1. Vicegerency (Khilafah):     The human being, in the Islamic world-view is considered a vicegerent (khalifah). This vicegerency is declared before the creation of the first human being:

“Behold, your Lord said to the angels: “I will create a vicegerent on earth.” They said: “Will place therein one who will make mischief therein and shed blood? While we do celebrate Your praises and glorify Your holy (name)?” He said: “I know what you know not.”" Qur’an, 2:30

In her/his capacity as a vicegerent, the human being is perceived as the trustee of the earth. She/he is not supposed to cause corruption in any form on earth (i.e. the environment). Life on earth entails great responsibilities. It is a test with accountability. It is followed by either reward or punishment. These meanings are mentioned in the Qur’an and the Sunnah. Vicegerency as a test is found in the following verse:

“It is He who has made you (His) vicegerents, inheritors of the earth: He has raised you in ranks, some above others: that He may try you in the gifts He has given you: for your Lord is quick in punishment: yet He is indeed Oft-forgiving, Most Merciful.” Qur’an, 6:165

On the other hand, this vicegerency is subjected to observation:

“Then We made you heirs in the land after them, to see how you would behave!” Qur’an, 10:14

The same message is implied in the Hadith of the Messenger of Allah, [S.A.A.S.]:

“Verily, this world is sweet and appealing, and Allah placed you as vicegerents therein; He will see what you will do. So, be careful of [what you do in] this world and [what you do to/with] women, for the first test of the children of Israel was in women!”[1]

It is rather clear, now, that the Islamic world-view indicates that vicegerency on earth forms a test which includes how human beings relate to the environment. Is it going to be based upon divine instructions, or based upon personal desires and conjectures that might lead to the destruction of our environment. If the latter condition prevails, then vicegerency will be entrusted to a different people or generation. This possibility of this kind of switch is understood from the following two verses:

“…Call in remembrance that He made you inheritors after the people of Noah…” Qur’an, 7:69

“And remember how He made you inheritors after the ‘Ad people and gave you habitation in the land…” Qur’an, 7:74

The declaration of the institution of khilafah, which Allah [S.W.T] has informed the angels about, was reinforced by the verse that shows that Allah [S.W.T] has taught Adam the ‘names’ (asma’) of all things:

“And He taught Adam the nature of all things…” Qur’an, 2:31

This discussion leads us to realize that there is an organic connection between proper knowledge and right behavior. Indeed, knowledge becomes a tool that renders humanity morally responsible. Ibn kathir said in his exegesis, regarding the above verse, the following important statement:

“The right (interpretation) is that He taught him the names of all things: their particulars, attributes and functions”[2]

Therefore, vicegerency is based upon knowledge that enables the human being to be a care taker of the environment in which he/she dwells. Humanity should behave in such a way that would maintain the balance that exists within the environment. Rather, I should say to retrieve the balance that has existed before we have caused, collectively, many ecological disasters:

“And the earth We have spread out; set thereon mountains firm and immovable; and produced therein all kinds of things in due balance.” Qur’an, 15:19

2. Subjection (Taskhir): The earth is made available for human use, without abuse or misuse. The circle of things available for the benefit of humanity is much greater than that of the environment. There are numerous verses in the Qur’an that could be cited in this respect, but it suffices to mention three of them:

“And He has subjected to you, as from Him, all that is in the heavens and on earth: behold, in that there are Signs indeed for those who reflect.” Qur’an, 45:13

“Do you not see that God has subjected to your (use) all things in the heavens and on earth. And has made His bounties flow to you in exceeding measure, (both) seen and unseen?” Qur’an, 31:20

“He has made subject to you the Night and the Day; the Sun and the Moon; and the Stars are in subjection by His command: verily in this are Signs for people who are wise.” Qur’an, 16:12.

There are other verses that point to the temporal nature of the subjected elements. The reason behind highlighting the temporality of things is to remind people of the Hereafter. It is hoped that once people are conscientious of the limitation of life on earth, they will behave in a positive and constructive way. As a result, it is anticipated that the environment itself will benefit from the proper behavior of people. That the cosmic order and natural phenomena ultimately come to an end, is reflected in this verse:

“…He has subjected the sun and the moon (to his Law)! Each one runs (its course) for a term appointed. He does regulate all affairs, explaining the Signs in detail, that you may believe with certainty in the meeting with your Lord.” Qur’an, 13:2

The subjection of the elements that make up the environment is spoken of in many chapters of the Qur’an:

“It is He who has made the sea subject, that you may eat thereof flesh that is fresh and tender., and that you may extract therefrom ornaments to wear; and you see the ships therein that plough the waves, that you may seek (thus) of the bounty of God and that you may be grateful.” Qur’an, 16:14.

“It is God who has created the heavens and the earth and sends down rain from the skies, and with it brings out fruits wherewith to feed you; it is He who has made the ships subject to you, that they may sail through the sea by His command; and the rivers (also) has He made subject to you.” Qur’an, 14:32

“Then We subjected the Wind to his power, to flow gently to his order, whithersoever he