Islamic Environmental Law

Šafar, Martin, Islamic environmental law 1
University of Ljubljana
Faculty of Law
ISLAMIC ENVIRONMENTAL LAW
(GRADUATE THESIS)
Author: Martin Šafar
Supervisor: prof. dr. Senko Pličanič
Ljubljana, January 2007

TABLE OF CONTENTS
1 INTRODUCTION........................................................................................................ 4
2 ISLAM........................................................................................................................... 6
2.1 THE HISTORY OF ISLAM.......................................................................................... 6
2.1.1 During the Life of God's Messenger.............................................................. 7
2.1.2 Development, Following Muhammad’s Death and the Split within Ummah 8
2.2 ISLAMIC LAW ......................................................................................................... 9
2.2.1 Legal Sources .............................................................................................. 10
2.2.1.1 THE QUR'AN ......................................................................................... 11
2.2.1.2 SUNNAH ................................................................................................ 11
2.2.1.3 IYMA ...................................................................................................... 12
2.2.1.4 ANALOGY (QIYAS) ............................................................................. 12
2.3 BASIC PRINCIPLES AND NOTIONS OF ISLAM AS AN INTEGRAL RELIGION .............. 12
3 ISLAMIC ENVIRONMENTAL LAW .................................................................... 14

3.1 GENERAL .............................................................................................................. 14
3.2 ELEMENTS OF LEGAL PROTECTION AND NATURAL RESOURCES ........................... 16
3.2.1 Introduction ................................................................................................. 16
3.2.2 Water ........................................................................................................... 17
3.2.2.1 GENERAL .............................................................................................. 17
3.2.2.2 RIVERS ................................................................................................... 18
3.2.2.3 WELLS.................................................................................................... 19
3.2.2.4 WATER SPRINGS ................................................................................. 20
3.2.2.5 CONCLUSION ON WATER RESOURCES ......................................... 21
3.2.3 Land ............................................................................................................. 21
3.2.3.1 GENERAL .............................................................................................. 21
3.2.3.2 CULTIVATED LAND (AMIR).............................................................. 22
3.2.3.3 UNCULTIVATED LAND (MAWAT)................................................... 22
3.2.3.4 PROTECTED AREAS (HARIM) ........................................................... 23
3.2.3.5 HYMA ..................................................................................................... 23
3.2.4 Air ................................................................................................................ 24
3.2.5 Flora and Fauna.......................................................................................... 25
3.2.5.1 DOMESTIC ANIMALS ......................................................................... 25
3.2.5.2 WILD ANIMALS ................................................................................... 26
3.2.5.3 CULTURAL AND OTHER PLANTS.................................................... 27

3.2.5.4 FINAL THOUGHTS ON LIVING BEINGS.......................................... 27
3.2.6 Rock Formations ......................................................................................... 28
3.2.7 Oil ................................................................................................................ 28
3.2.8 Deserts ......................................................................................................... 29
3.3 LEGAL INSTITUTES AND MECHANISM OF ENVIRONMENTAL PROTECTION ............ 30
3.3.1 Ihya .............................................................................................................. 31
3.3.2 Iqta............................................................................................................... 31
3.3.3 Ijarah ........................................................................................................... 32
3.3.4 Harim and Hyma ......................................................................................... 33
3.3.5 Waqf............................................................................................................. 33
3.3.6 Hisbah and Muhtasib Mutatawi .................................................................. 33
4 MODERN ENVIRONMENTAL LAW IN COUNTRIES WITH MUSLIM LAW

(THE EGYPT EXAMPLE) .............................................................................................. 35
4.1 A SHORT HISTORY OF THE COUNTRY AND ITS AUTHORITIES................................ 35
4.2 AND ITS LEGAL SYSTEMS ...................................................................................... 35
4.3 MODERN ENVIRONMENTAL LEGISLATION IN EGYPT ............................................ 36
4.3.1 General ........................................................................................................ 36
4.3.2 Environmental Policy .................................................................................. 37
4.3.3 Programming and Other Legally Binding Documents................................ 38
4.3.4 The Results of Egypt’s Modern Environmental Policy................................ 39
4.4 EGYPTIANS' ATTITUDE TOWARDS THE ENVIRONMENT ......................................... 40
4.5 DANGERS SURROUNDING EGYPT'S NATURAL ENVIRONMENT .............................. 41
5 CONCLUSION........................................................................................................... 43
6 BIBLIOGRAPHY ...................................................................................................... 45
1 INTRODUCTION
The present-day society is faced with numerous environmental protection problems. One
of the main reasons for this is the progressive rise in world population; in the last fifty
years its number has more than doubled. Such non-linear population growth is present
mainly in less developed areas1. This, in turn, gives rise to both, world consumption and
consequently production.
A particular country, region or continent's environmental problems exceed the national

borders, since these cannot stop pollution and thus its harmful effect on the environment.
In the last few decades a set of local and regional environmental problems have gained
global recognition. This leads to the conclusion that each individual, and more so, each
nation along with its associations, national and international organisations, is responsible
for independent and joint care of the environment. The complexity of this problem dictates
cooperation as the sole key to success and thus survival of the human race on this planet.
Therefore, it is pertinent to know our business partners, and this is the main reason for my
decision on the title of this graduate thesis, which deals with the issue of Islamic
environmental law.
As personal experience has taught me, the majority of people do not feel the knowledge of
Islamic environmental law to be of any significance to the »Western world«. In fact, this
topic is predominantly perceived as completely irrelevant. Nevertheless, we should stress
that the estimated number of Muslims in the world ranges from a billion and a half to two
billion (according to different sources and counts), which gives for more than a quarter of
world population. The term Muslim2 can therefore be applied to some 60 countries. Due to
various factors the Islamic religion keeps welcoming more and more new followers, and
the number of Muslims is on a steady rise.
It is thus my opinion that understanding Islamic legal experts, religious leaders and general
public views on environmental protection is of extreme importance. The same applies to
the information on our allies' measures against urgent environmental problems, which
1
Population division, WORLD (2004), p. 6.
2
The majority of a Muslim country's population defines themselves as Muslim (H. Fazlun M., Islam and the Environment, in:
ENCYCLOPEDIA OF GLOBAL (2002), p. 332).
affect all living beings on our planet. The latter is especially important, since
environmental attitude and ways to improve the existent environmental state differ
between various cultures and parts of the world.
In order to help the reader understand the main topic, the graduate thesis first provides a
short and basic description of Islamic law, focusing mainly on its history and resources.
This is followed by a detailed analysis of natural resources and related Islamic legal
provisions. The next part lists the most important institutes, along with some of the more
essential notions. The last part describes an example of a modern Muslim country - Egypt.
My research of Egypt's environmental state and environmental legislation helps the reader
understand the way all previously mentioned provisions and institutes are carried out in
given situations, and especially in the modern world, so different from the one all these
provisions originate from.
It is obviously outside the boundaries of Western culture and the respective industrial
society that mankind must look for ways to solve environmental problems. We will need to
go back in time and look to other cultures. It was in the previous century that all over the
world, environment and nature suffered the greatest damage. This was the period when
industrialization and exploitation of both human and natural resources became self-evident,
at the same time spreading globally to other parts of the world, where European colonizers
were the first to drastically change their modus vivendi. The cradle of monotheistic
religions – the Middle East – with its extremely sensitive environment very early on fell
into the domain of the Islamic religion, which has always paid special attention to the
environment. However, nowadays even Islam is no match for the modern paradigm
enforced by the world economic superpowers, with the perception of nature as a mere
exploitable resource.
It is my intention to not only interest the reader in the topic discussed, but more
importantly, increase his awareness of problems concerning the environment and nature. It
is furthermore important for the reader to realize that solving these problems takes
international and intercultural cooperation, using without bias the best each has to offer.
2 ISLAM
In order to introduce the reader to Islamic environmental law, its historical development
and its institutes, those practically null and void as well as those still in force, I must first
offer an insight into the very basis of Islamic law (Shari'ah).3 This, however, is not
possible without the knowledge of its religious and historical foundations.4 The body of the
text, introducing notions, unfamiliar to continental legal orders, is accompanied by related
footnotes, explaining these notions in detail.
2.1 The History of Islam
As with all major world religions, the beginning of Islam5 is impossible to pinpoint. It has
often been referred to as Muhammadism, especially by Western countries, although this
naming is incorrect and shows a lack of basic knowledge of one of the great world
religions. It was not Muhammad who created this religion, even though as the last of God's
messengers he represents one of the fundamental components of Islamic belief6, at the
same time using his human touch to connect Muslims7 worldwide.
Islam is an Allah8 praising religion. Believers show their submission »…by believing in
Allah, fulfilling all requirements and obligations in fine Islamic restraint and behaviour«9.
The history of Islam is closely linked to the life of God's messenger Muhammad, which,
even though so important to Muslims, remains poorly known. The facts about the life of
»the last Allah's messenger« and the beginning of Islamic religion must therefore be sought
mostly in the Qur'an and Sunnah10.
The Qur'an’s description of the religious historic development is the same as that of the
Bible, up to the point of Abraham's sin Ishmael’s supposed departure from Palestine to
3
With some of the more important notions, the Slovenian names are accompanied by the original Arabic name, given in brackets.
4
E. Klingmüller, Islamsko pravo, in: UVOD V (1999), p. 489.
5
The verbal form of the word stands for submission to or atonement for God, who is said to have revealed Himself to the people through
his messenger Muhammad (M. Ruthven, ISLAM (1997), p. 2).
6
Z. Bećirović, UVOD V ISLAM (2004), pp. 3-4.
7
The singular form Muslim stands for submission to God (Z. Bećirović, UVOD V ISLAM (2004), p. 2).
8
In Arabic spoken language the term Allah denotes God, and thus the God of all monotheistic religions. In Arabic this form is also used
by Jews and Christians when referring to their God (Z. Bećirović, UVOD V ISLAM (2004), p. 2). The word has no plural form of
definite gender. It is likewise forbidden to portray Allah and other holy persons in human form (R. Ettinghausen, M. A. J. Beg, Art and
Civilization, in: THE IMAGE (2004), p. 80).
9
Z. Bećirović, UVOD V ISLAM (2004), p. 2.
10
Actions, messages and approvals of Allah's messenger, accomplished by his silence.
today's city of Mecca, when his descendants became Muslims. Isaac's descendants, who
stayed in Palestine, are said to have become Jews later on. Thus, we can deduct that the
three most important monotheistic religions in the world have the same roots.
2.1.1 During the Life of God's Messenger
Muhammad is said to have been born in Mecca around 570 AD. The city was close to the
land trade route that connected the Mediterranean and the Mediterranean Sea to the south
of the Arabian Peninsula and the Indian Ocean. In those times it was famous mainly for its
pagan temple, and the numerous travellers stopping over on their way gave rise to the city's
economic growth.11
Muhammad became an orphan at the age of six and was brought up in his childhood years
by his grandfather, followed by his uncle on his mother's side. As a young man, he started
working for an older widow Khadia, whom he later married and remained faithful to, even
though he supposedly married at least nine other women. When he was around forty-four
years old, Muhammad is said to have had his first revelations.12
During the first twelve years following his first revelation, Muhammad delivered Islamic
teachings to the fast growing number of believers. But these teachings did not suit the rich
merchants of Mecca, who treated Muslims bad and even had them expelled. In 622
Muhammad was among the last to move; he chose Medina13, where he lived to see the rise
and growth of Islamic religion.
The period Muhammad spent in Medina is better recorded. During this time Muhammad
lead numerous campaigns, mostly against pagans, and formed alliances, which was easiest
to do with monotheistic peoples. By 630 the Muslim Ummah14 was the most important
power on the Arabian Peninsula. Muhammad died in 632 AD.15
11
M. Ruthven, ISLAM (1997), pp. 28-30.
12
Ibidem, pp. 31-32.
13
In that time Medina was called Jasreb. The Muslim word for Muhammad's emigration is Hijra, which also marks the first year of the
Islamic calendar. The Islamic lunar year has 354 days and differs from the solar year in its length, which is also the case for all the
months.
14
Community of the Believers (Z. Bećirović, UVOD V ISLAM (2004), p. 3).
15
Further information: M. Ruthven, ISLAM (1997), pp. 32-39.
2.1.2 Development, Following Muhammad’s Death and the Split within Ummah
Most Muslims see the climax of Islamic religion in its fast spread during the time of
Muhammad, and its growth up to 661 AD. During 656 and 661 there was a civil war
between the fourth caliph16 Ali and the Syrian substitute Muavia. This clash of arms lead to
the split into two sects; the Shiite sect, today geographically limited to Iran and Iraq, and
the majority sect of Sunnis (eighty-seven percent of all Muslims). The difference is mainly
ideological. Shiites believe in hereditary caliphate as a fundamental part of Islamic
religion. They are convinced that the caliph, an untouchable religious and political
authority, was appointed by God's messenger Muhammad. Awarding this position to his
son-in-law Ali ibn Ebi Talib, making him the first caliph after Muhammad’s death, is seen
as a postulate for hereditary caliphate. This view has never been shared by Sunnis, their
recognition of Ali as the fourth caliph notwithstanding.17
Subsequently, Islamic religion and the Islamic nation endured many rises and falls. The
Islamic nation spread far into Asia and for a few centuries also to the Iberian Peninsula. Its
power decreased during the crusades, when Islam suffered serious damage.18 European
forces occupied Africa and Asia, leaving the Islamic Ummah in complete economic, social
and spiritual inferiority.19 In the previous century Islamic religion resumed its growth, and
it has gained many new followers in the last few decades. In this time, the break-up of
bigger countries lead to many new countries proclaiming themselves Islamic20.21
16
The head of the Islamic country (caliphate).
17
18
Ibidem, pp. 3-4.
19
R. Ettinghausen, M. A. J. Beg, Art and Civilization, in: THE IMAGE (2004), p. 8.
20
See footnote no. 2.
21
R. Ettinghausen, M. A. J. Beg, Art and Civilization, in: THE IMAGE (2004), p. 9.
2.2 Islamic Law
Islamic law or Shari'ah22 is a system of legal and moral tenets, aiming to regulate all
human activities; as such it strives towards accordance with God's laws.23 It is a legal
system, established by Muhammad and adopted in the early middle Ages by all Islamic
countries. It used to be the only existent legal system, regulating the lives of Muslims all
over the world. This changed in the colonisation period, when it was either partly or fully
replaced by legal systems of the conquering nations. Today Islamic law is again becoming
the sole national legal system in countries of predominant Muslim population or (those
under) past foreign rule.24
This legal system, which varied little if at all for all Muslims25 from India to Morocco,
served as a key integration element. Today the nationality factor is gaining in importance
for Muslims all over the world, threatening the universal and connecting power the Islamic
law used to hold over every individual.26 Numerous Islamic experts and theologians see
this as a consequence of Islamic 'Ulama27 and their failure to connect religious teachings to
the everyday needs. When Ummah experienced the need for reform and modernisation, the
Islamic 'Ulama did not want and in fact did not take any part in these changes.
All the above notwithstanding, one has to acknowledge the fact that Islamic law has
always practised tolerance towards and often even worked hand in hand with local
common law in all parts of the world. Countries that only a few centuries ago went only by
Islamic law, have since introduced comprehensive codes, combining elements of European
legal systems and Islamic law. These changes came about in the 19th century, when the
Ottoman Empire28 fell into a decline. One of the most important civil code laws of that
time is called Majalla29. Its authors attempted to harmonize the code's contents with
Islamic law, while structurally following the example of Code Napoleon.30 The present-
22
The direct translation refers to the path, leading to the watering place; it represents a path, used as an access to the water source by
people and animals alike (R. Ettinghausen, M. A. J. Beg, Art and Civilization, in: THE IMAGE (2004), p. 41).
23
24
Further information: R. Ettinghausen, M. A. J. Beg, Art and Civilization, in: THE IMAGE (2004), pp. 40-41.
25
Most differences appeared in a few everyday rules.
26
R. Ettinghausen, M. A. J. Beg, Art and Civilization, in: THE IMAGE (2004), pp. 24-25.
27
This refers to scholars who protect and spread the legal tradition. While they were never in power, they served as mediators between
rulers and clergy, limiting the power of the former (M. Ruthven, ISLAM (1997), p. 8).
28
A multiethnic nation, which existed between 1299 and 1923 ( http://en.wikipedia.org/wiki/Ottoman_Empire (13.04.2006)).
29
The code held theoretical authority all over the Ottoman Empire, right up to the beginning of the First World War.
30
N. Brown J.: THE RULE OF LAW (1997), p. 2.
day revival of Islam is seeing Islamic law again proclaimed as the sole national legal
source of some countries.
2.2.1 Legal Sources
»… The Book has left nothing out …«31, is a quote taken from the Qur'an, offering an
insight into Islamic legal system and its legal source hierarchy. This is a closed system
without the need for any subsequent supplement, additional rules or tenets. As the quote
above suggests, the Qur'an is allegedly universal.
There are 11 Islamic legal sources. Below, I offer a complete list of these sources32, while
further on I will provide a detailed description of the first four, which are recognized by all
Islamic law groups and are thus considered to be the most important33:
• the Qur'an;
• Sunnah;
• Iyma;
• Qijas;
• Istihsan (the natural good);
• Maslehatu-l-mursele (common weal);
• Seddu-z-zera'i (obstruction or rejection of evil);
• Istishab (a regulation is unconditional until out-ruled by evidence);
• Adet (custom);
• the pre-Islamic Mezhebi (proclamations before Muhammad);
• Mezheb ashabov (solutions, reached by Ashabi34).
31
The Qur'an 6,38.
32
The complete list, as well as the chapters that deal with specific legal sources, are based on Z. Bećirović, UVOD V ISLAM (2004), pp.
6-12 and E. Klingmüller, Islamsko pravo, in: UVOD V (1999), p. 489.
33
The relevance of legal sources varies according to interpretation of different law groups. Their order thus follows the level of
importance, related to the frequency of their appearance in scholarly literature.
34
This refers to the people who believed in Muhammad and his mission, were his followers and died as Muslims.
2.2.1.1 THE QUR'AN
The Qur'an is Allah's message to all humanity, brought to the people by angel Gabriel and
prophet Muhammad. It consists of 114 suras35 (chapters) and 6666 verses or ayats, which
can be divided into clear and hidden36. The revelation of the Qur'an is said to have taken
twenty-two years. It can be divided into three parts, namely:
• the science of speculative theology;

• ethic principles;
• the rules of human behaviour.
The Qur'an was published in two separate parts, giving us the Mecca and the Medina
publication periods37. Since the Qur'an focuses more on morale than law, less than 1/10 of
the verses deal with legal matters. This is also due to the existence of other legal sources,
which filled the possible legal vacuum already during the publishing of the Qur'an.
2.2.1.2 SUNNAH
Sunnah consists of Muhammad’s sayings and actions, as well as his reticence38 and the
work of his followers and messengers. These are Muhammad’s words, supposedly inspired
by Allah. Muslims distinguish between events according to Muhammad as God's
messenger, and the actions Muhammad performed as a man; the latter are not seen as
compulsory.
Hadith are accounts of Muhammad's actions, words and approvals; they are numerous and
thus comprise several collections. The importance of different Hadith varies according to
35
God's revelation.
36
Depending on whether their message can be interpreted directly or is hidden from the reader by the use of metaphoric language.
37
During the so-called Mecca period from 611 to 622 AD, the contents of the publication refer mostly to the issue of monotheism, i.e.
religion. The period following the year 622 AD, which marks Muhammad's move to Medina, though shorter, bears greater importance
for the development of Islamic legal system.
38
Islamic legal science (Fikh) equals Muhammad's reticence with his approval, since it is impossible to imagine his passiveness, when
confronted with illegal actions.
the credibility of their messenger. Muslims' great love and respect for Muhammad
attributes to frequent use of Hadith in their everyday life39.
2.2.1.3 IYMA
These are beliefs, shared by all Islamic legal experts, dealing with a certain legal issue in a
certain period. It is regarded as a legal source only when it includes argumentation,
originating in the Qur'an or Sunnah.40
2.2.1.4 ANALOGY (QIYAS)
Unprecedented legal issues with yet no legal solutions in either, the Qur'an, Sunnah or
Iyma, are dealt with through analogy with an existing legal issue, awarding the existing
regulation jurisdiction over the newly-created issue.41
2.3 Basic Principles and Notions of Islam as an Integral Religion
Anyone who comes across Islam realises that this is more than a religion, since its religious
principles control all aspects of Muslim life. One of the key notions of Islam is definitely
the unity (Tawhid), both in theology as well as in politics and sociology.42 The legal notion
of unity reminds Muslims mainly of the unambiguousness of God's existence and of the
unconditional regard for His laws, which subjugate all human laws.43
This Islamic notion of unity is also closely connected to the principle of community
(Ummah), joined under the leadership of one religion, one god. This principle opposes the
39
In the past, there have been many teachers and experts, who collected and studied Hadith, but did not let their students quote the
collections until they themselves had researched them thoroughly. Due to the present-day overflow of various printed media, these
Hadith collections are now accessible to practically anyone. This has lead to various benefits and advantages, along with the danger of
individual interpretation by anyone who thinks himself an expert on Islamic law.
40
Hyma comprises beliefs, pronounced publicly and proven by experts, and silent agreement, seen as confirmation of colleagues' beliefs.
41
This legal source is not recognised by Shiites, who instead use human wisdom ('Akl). Thus, a Shiite Muslim jurisconsult uses the same
logic for the newly-created issues as for the already existent issues.
42
M. Ruthven, ISLAM (1997), p. 49 and Y. Negus, Science within Islam, in: ISLAM AND ECOLOGY (1992), p. 37.
43
M. Ruthven, ISLAM (1997), p. 57.
nowadays more and more popular concept of individualism of the »Western« mentality.44
The Islamic concept of personal liability towards other people as well as all things on Earth
by far precedes individual interests, and is also connected with numerous Islamic absolute
values.45
Islam forbids any kind of remuneration, monetary or other. This is very important for the
purpose of my graduate thesis, since it represents a view of trade, completely different to
the Western one, and at the same time closely connected to the attitude towards the
environment and natural resources. U. I. Vadillo and F. M. Khalid claim that: »In the
Islamic model what is just is more important than what appears, at first, to be more
efficient. Justice is the best guarantee of efficiency«46
Muslims believe that abiding by the rules, commanded by Islamic law, guarantees a more
just development of the society, thus assuring the progress of all community members.
Islam does not differentiate between people's attitude towards nature and their attitude
towards God. Therefore, all elements of Islam are interdependent, bringing us once more to
the emphasised liability towards all things on Earth.
Science bears an important role in Islamic religion, since Muslims believe it to be a way to
God, the creator of all universe; thus, studying God's work leads Man to his Creator.47 A
great many authors feel the decline in scientific development in countries under the Islamic
influence during the Middle Ages to be the consequence of the realization of the damage
further and uncontrolled development would cause to the environment.
This short introduction to Islamic religion and Islamic law will help the reader to a better
understanding of the next part of the graduate thesis, which will focus on Islamic
environmental law.
44
Such mentality has lately been present also in countries with Islamic tradition, as a consequence of military conflicts and the countries'
economic dependence, i.e. modern means of globalisation.
45
Z. Bećirović, UVOD V ISLAM (2004), p. 3.
46
U. I. Vadillo, F. M. Khalid, Trade and Commerce in Islam, in: ISLAM AND ECOLOGY (1992), p. 69.
47
Y. Negus, Science within Islam, in: ISLAM AND ECOLOGY (1992), p. 37.
3 ISLAMIC ENVIRONMENTAL48 LAW
3.1 General
Many are reluctant to acknowledge the connection between the notions of »Islamic law«
and »environmental law«, the connection I have already partly proven in the previous
chapter. Environment and nature both bear a significant role in Islam.49 In an ideal Muslim
society, the union of all elements would guarantee that those dealing with important
environmental decisions would never disregard the care for the environment. However, the
reality as we know it is different and the power of capital has overridden numerous cultural
barriers, which used to be very strong in countries with Islamic tradition. In the middle of
the 19th century, the rules were no longer dictated by Muslims. Many experts see the
previous century, especially its second half, as a time of the most crucial trials for Islam.
The damage caused to Islam and the national structure of Muslim countries is also suffered
by nature and the environment in numerous sensitive areas of the world, further threatened
by poverty, demographic explosion and armed conflicts.
There are countless environment definitions; for the purpose of this paper I will recourse to
the broadest one, where environment is defined as everything that surrounds us – including
us. The professor of international law Abdelkader El Kadiri defines this notion in the
following way: »Environment is everything man has created, everything that surrounds
him, everything he has learned, and everything he knows. The notions of nature and
community are inseparable.«50 Muslims feel so closely connected to the environment and
to everything that surrounds them, that their care for the environment is often equated with
care of themselves.
Islam teaches that man was given a rank more important than the rank of angels. In Islam
man is seen as God's helper on Earth, responsible for the entire planet, entrusted in his
care. People were thus trusted with a great responsibility, and Muslims believe that when
48
The word environment (Bi'ah), along with its derivatives, only first appeared in modern Arabic
(http://www.islamonline.net/english/Contemporary/2002/08/Article02b.shtml#222 (06.03.2006)).
49
There are 500 lines in the Qur'an, which are in some way related to the environment (Al-H. B. A. Masri, Islam and Ecology, in:
ISLAM AND ECOLOGY (1992), p. 2).
50
A. El Kadiri, A propos, in: ACTES DU SÉMINAIRE MAROCO-ALLEMAND (1991), p. 24.
one dies, the issue of their care of natural resources must also be settled before God.51
Along with God's gifts of knowledge and free will, people were also given a permanent
possibility of choice. The possibility to choose the right path, as well as the sub-regency, is
what separates man from other living beings. Along with this difficult burden of managing
the land, people were also offered assistance in the form of instructions; Islamic law or
Shari'ah is said to be the last version of these instructions.52
Numerous verses in the Qur'an reveal the connection between the people's attitude towards
and the actual state of the environment.53 One of the verses states: »Ask forgiveness of
your Lord, and turn to Him: He will send you the skies pouring abundant rain, and add
strength to your strength: so turn ye not back in sin!«
As far as believing and worshipping is concerned, all living beings bear the same standing
in Islam, thus making people's care for all environmental elements highly required and
regarded. The prophet Muhammad said: »All beings depend on God's will and God loves
those beings who take care of others, the most.«54
It is interesting to see that science has preserved the values promoted by Islamic religion
and indirectly by Islamic law. Therefore, science should never disregard the needs of
Islamic community or Allah's will.55 Further details on the reasons for the decline of the
development of Islamic science are given on page 11 in chapter no. 2.3, entitled: »Basic
Principles and Notions of Islam as an Integral Religion«.
Even though Islamic law recognises express provisions, protecting the right to private
property as a fundamental right, the only true owner of all things on Earth is its supposed
creator – Allah. Regarding this issue, the Muslim jurisconsult Abu al-Faraj claims: »People
do not in fact own things, for the real owner is their Creator; they only enjoy the usufruct
of things, subject to the Divine Law «.56 People can manage their private property only in
accordance with God's commandments. Thus, Islam protects the right to private property
by many important restrictions.57 The Qur'an forbids the destruction and excessive
51
52
M. Y. Izzi Dien, Islamic Ethics, in: ISLAM AND ECOLOGY (1992), p. 28.
53
http://www.islamonline.net/english/Contemporary/2002/08/Article02b.shtml#222 (06.03.2006).
54
Kashf al-Khafa', HADITI.
55
56
Al-H. B. A. Masri, Islam and Ecology, in: ISLAM AND ECOLOGY (1992), p. 7.
57
O. Llewellyn, Desert Reclamation, in: ISLAM AND ECOLOGY (1992), p. 90.
consumption of all natural resources in times of poverty and need, as well as in times of
prosperity.58 The prophet Muhammad forbade excessive use of water for ritual ablution
before prayer, even if one had the resources of a whole river.59
3.2 Elements of Legal Protection and Natural Resources
3.2.1 Introduction
While Islamic countries have an abundance of some natural resources, they also suffer a
shortage of others. Therefore, it is very important for the people to be brought up with the
knowledge of capable management of natural resources. According to Islam, it is the
knowledge and understanding of Creation which teaches Muslims how to take care of the
environment and value all natural resources.60
Islam treats natural resources as God's gift to humanity. People can use and manage them
in all sorts of ways, as long as this is a prerequisite to satisfy certain needs. Some situations
require special legal provisions, which protect natural resources from excessive use and
final exhaustion.61 According to Islamic beliefs, natural resources must be managed in a
way that is least harmful to the environment and within the right degree, and at the same
time maintain their durability.62
58
»… Eat and drink, but be not excessive. Indeed, He does not like those who commit excess.« (The Qur'an 7:31).
59
O. Llewellyn, Desert Reclamation, in: ISLAM AND ECOLOGY (1992), p. 91.
60
Y. Negus, Science within Islam, in: ISLAM AND ECOLOGY (1992), pp. 42-43.
61
U. I. Vadillo, F. M. Khalid, Trade and Commerce in Islam, in: ISLAM AND ECOLOGY (1992), p. 80.
62
3.2.2 Water
3.2.2.1 GENERAL
»… and that we made from water every living thing?«63
One of the most important natural resources is rendered even more important if we focus
on those parts of the world, where water shortage is as great as in the cradle of Islamic
religion, the Middle East.64 On the other hand, south Asia, an area with currently the
largest Muslim population, faces different water-related problems, i.e. devastating floods.
Full eighty percent of all illnesses, affecting third world population, are the result of the
lack of drinking water.65
Lack of drinking water and water for agricultural use affects every country in the Middle
East, and annual rainfall figures often vary by a great extent.66 This is without a doubt one
of the main problems of this devastated region, where one whole quarter of the countries
do not possess a single water resource.67
Numerous verses in the Qur'an describe water in different ways, and one of them states
that God created all living beings from water: »The Lord has created every animal from
water. Of them are some that creep on their bellies, some that walk on two legs, and some
that walk on four…«68. Wise use of water was also advocated by Muhammad, namely in
his sayings about the use of water for bathing and ritual ablution before prayer.
In its natural state, on public uncultivated land (Mawat), water belongs to all living beings.
From the very beginning, Islamic law has tried to divide such an important natural resource
in arid lands as justly as possible. Nevertheless, there are clear principles dealing with
63
The Qur'an (21:30).
64
In accordance with the teachings of Islamic religion, Muslims manage water very carefully and in case of lack of water for ablution
before prayer (Wudu) have to use clean earth instead (M. Y. Izzi Dien, Islamic Ethics, in: ISLAM AND ECOLOGY (1992), p. 37).
65
M. Larbi Bouguerra, in: Pauvreté, Environnement, in L'ÉTAT DE L'ENVIRONNEMENT (1993), pp. 224-225.
66
M. Larbi Bouguerra, in: Moyen-Orient et Maghreb, in L'ÉTAT DE L'ENVIRONNEMENT (1993), pp. 246-247.
67
M. Larbi Bouguerra, in: L'eau, Discorde et Conflit, in L'ÉTAT DE L'ENVIRONNEMENT (1993), p. 249.
68
The Qur'an (24:45).
consumption priority. Islamic law divides water resources into three categories, i.e. rivers,
wells and springs. All three categories are described in detail below.69
3.2.2.2 RIVERS
Islamic law divides rivers according to their size, as well as the rights and duties of their
beneficiaries.
1.) Big rivers with natural riverbeds and constant water influx; these rivers can be
used by anyone. Their use is not limited in any way and people are allowed to
dig ditches and use the water for purely personal needs.
2.) Smaller, naturally formed river areas; if their water provides for the entire local
population, people can use this water for personal needs. If such a river has to
be stemmed, those furthest away from the dam are given priority. The most
important decision-making factors, regarding just division of water supply from
these rivers, are:
• type of land;
• type of produce;
• whether the produce has already been reaped;
• season;
• existence of stable water supply.
3.) Artificial ditches and irrigation channels, considered to be public property; their
water can be used by anyone, as long as there is enough for everyone. Once the
water is in short supply, those who have dug the ditches are given priority. Each
activity that affects the water level must first be approved by every individual,
using this water resource. All this also hold true for underground channels.
69
Unless stated otherwise, chapters 3.2.2 through 3.2.7 are based on Y. Dutton, Natural Resources, in: ISLAM AND ECOLOGY (1992),
pp. 57-61.
Agricultural holding situated near the riverbed is not entitled to all the water from that
river, but must share it with other farms further down. If there is not enough water for
everyone, farms built earlier hold the priority over recently built farms. This way Islamic
law keeps the number of farms in proportion to the supply of a particular natural
resource.70
3.2.2.3 WELLS
Same as rivers, wells are divided into three categories, according to the type and period of
use.
1.) Wells intended for public use; their water can be used by everyone. People have
the priority (over cattle watering and land irrigation).
2.) Another concept of Islamic law is a well, intended for temporary use. Such
wells are usually dug by Bedouins on their trips through the desert. This water
is primarily intended for those who have dug the wells for their personal needs
as well as for their cattle. Islamic law presupposed an acute and essential need
for water from these wells. Once the needs of those who dug the well are
satisfied, they must share whatever water there is left. In the words of Imam
Malik: »Do not keep excess water in the well.«71
When people who have dug a temporary well have left, its status becomes that
of the first-category well and its water can be used by everyone. This does not
change, even if the people who dug the well, later return.
3.) The third category of wells in Islamic law regards those, dug by individuals for
personal use and are considered private property, including the appurtenant
Harim area72. The owner of such a well can use the water however he desires,
unless he is aware of someone near by dying of thirst. Special provisions apply
70
This paragraph is based on O. Llewellyn, Desert Reclamation, in: ISLAM AND ECOLOGY (1992), p. 90.
71
I. Malik, MUWATTA, Knjiga 36, p. 36.25.30
(http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muwatta/036.mmt.html#036.36.25.30 (04.03.2006)).
72
More on Harim areas in chapter 3.2.3.5.
to the water remaining in the well, after the needs of the well's owner have been
met. In this case he is not obligated to share the water surplus with others,
unless it is for watering cattle73. The latter obligation must only be fulfilled in
the following conditions:
• there must be water in the well (if it has already been lifted, it does not
count);
• the pasture, providing the grazing area for the cattle that is in need of water,
must be near by;
• there is no other water resource near by;
• the owner, his cattle or his produce must not suffer any damage.
When all the above conditions have been met, the owner of the private well is not allowed
to charge for the water, used for watering cattle. However, when either of the above
conditions is not met, he is allowed to charge for the water from the well.
3.2.2.4 WATER SPRINGS
This water-resource category is also divided into three subgroups.
1.) The first subgroup consists of springs everyone is allowed to use. In case of
limited water supply in these springs and a great demand for water, it is on all
water users to share the water justly.
2.) The second subgroup consists of springs, found by individuals on public land.
The finder of such a spring is fully entitled to the water, as well as the
appurtenant Harim area. He is even allowed to dig ditches or redirect the
current. The ditches and the adjacent Harim area become the property of the
finder of the well.
73
When someone is dying of thirst, the well owner must offer them water. This is mainly a provision on the obligation to water other
people's cattle, which is often incapable to survive on its own in the desert.
3.) When someone finds a spring on his private land, he is entitled to all the water
from that spring. Once his own needs have been satisfied, he is allowed to use
any remaining water surplus any way he chooses. He is only obligated to share
the surplus if he does not use it for himself. While he is obligated to share the
water surplus for the purpose of cattle watering, this does not apply to field
irrigation.74
3.2.2.5 CONCLUSION ON WATER RESOURCES
We can therefore determine a differentiation between public and private water resources.
The water from undiscovered and uncultivated water resources is mostly perceived as the
common good and thus belongs to everyone. However, the moment a water resource is
found and occupied, its water becomes private property and is only subject to sharing in
special circumstances.
3.2.3 Land
3.2.3.1 GENERAL
The most important distinction in Islamic law is that of public vs. private land. The private-
land owner can enforce all of his rights, as long as this does not cause damage to75 or
endangers others. Public land can be occupied by anyone, unless the restrictions listed
below apply.
Islam distinguishes between cultivated and uncultivated land. The first consists mainly of
inhabited areas and agricultural land, while the latter denotes pastures and wilderness and
is, apart from certain exceptions, generally considered public property.
Islamic law distinguishes between three categories of land, namely:
74
If the owner of the water spring offers the water to someone for field-irrigation purposes, he is allowed to charge for it.
75
This is one of the most important principles of Islamic law, stating that one's actions must not cause damage to others.
3.2.3.2 CULTIVATED LAND (AMIR76)
This land is further divided into two groups. The first group regards land, whose owner is
known. Such land is only subject to wealth tax (Zakat)77. The second group pertains to land
with no known owner, and thus used by everyone. Such land can be leased but not given
away or sold. This group also regards the land that becomes government property, due to
the absence of the owner's successors.
3.2.3.3 UNCULTIVATED LAND (MAWAT78)
According to Islamic law, uncultivated land belongs to anyone who can revive it, most
commonly by building on it or by cultivating it79. Title deeds over uncultivated land are
afforded when the land is »revived« in one of the following ways:
• by bounding the uncultivated land with a hedge or a wall;

• by irrigating or draining the land;
• by digging a well or a spring on the land;
• by cutting trees, breaking rocks or levelling the land;
• by ploughing the land;
• by growing plants or trees on the land;
• by building on the land.
All title deeds are afforded to those who cultivate the land. This is based on Muhammad's
Hadith, stating that: »Land becomes the property of he who brings it back from the
dead.«80 This of course only pertains to uncultivated or Mawat land.
76
The word is derived from the adjective »alive«.
77
This is an obligatory tax for everyone, whose annual wealth (including individual goods, field produce and animals) exceeds the
minimum level (Nisab).
78
The word is derived from the adjective »dead«.
79
All important legal manuals try to determine the moment in time, when title deeds are afforded to those who cultivate the land, or the
so-called »dead land revival« (Ihya al-mawat), and their views differ greatly. More on the Ihya institute in chapter 3.3.1.
80
Bukhari, HADITI.
Experts mainly disagree on whether people can begin to cultivate the land without
government approval, or only after, once the land has been given the status of Iqta land81.
Uncultivated land can be proclaimed as a special protected or Hyma area82.
3.2.3.4 PROTECTED AREAS (HARIM)
Protected areas are usefully appurtenant to cultivated land, although they possess the
characteristics of both, cultivated and uncultivated land. This is basically uncultivated land,
belonging to the current owner of the appurtenant cultivated land. Therefore, every well,
house or field has its own protected (Harim) area; these differ in size.83
It is important to note that Harim areas always belong to someone, even if it is an

undefined group of people, as in the case of an area around a village, where the villagers
collect firewood.
3.2.3.5 HYMA
Hyma areas are defined as uncultivated land (Mawat), as such protected and permanently
uncultivated84. Public uncultivated land or private land can be proclaimed as Hyma land by
the government, or by the land owner respectively.
This type of sensitive area protection originates in the pre-Islamic Arabian Peninsula and is
still used, since it is in no way adverse to the principles of Islamic law85.
One of such areas is the six-kilometre long zone surrounding the Muslim holy city,
Medina. According to Hadith, it was proclaimed as a Hyma area by Muhammad, for
gathering horses before going on raids. Similar areas were subsequently proclaimed by
rulers or caliphs, who used them for gathering cattle, received as wealth tax (Zakat).
81
More on Iqta institute in chapter 3.3.2.
82
More on Hyma land in chapters 3.2.3.5 and 3.3.4.
83
Suburban Harim areas are defined as those that can be reached and returned from within a single day, for the purpose of gathering
firewood or tending cattle. In the case of water resources, Harim areas are land around the water resource, populated by the people and
cattle who use this water, without causing any damage to the water resource or the property. In terms of vegetation, this notion defines
an area providing enough water for the plants, as well as access for the owner to the produce, such as paths between different properties.
84
Experts disagree on the length of time.
85
In pre-Islamic times the rulers could proclaim large areas of public uncultivated land as Hyma areas, for their own personal use.
However, Islamic law only allows such claims, when they are for the community good.
Authorities can proclaim certain land as a Hyma area only on definite grounds and in a just
way, not causing anyone any unnecessary damage. Nobody is allowed to be charged for
using these areas. If anyone is caught carrying weapons or tools on Hyma areas, these
items are confiscated. Muslims strictly abided by these environmental provisions even in
times of war, i.e. forbidding soldiers to cut down trees or kill animals in sacred areas as
well as in foreign territories, unless for the purpose of survival.
The number of Hyma areas in the Arabian Peninsula is decreasing with each year. In 1965,
there were more than 3000 Hyma areas in Saudi Arabia alone. Today, these areas are tied
to the needs of smaller village communities, rather than the whole country or Ummah (i.e.
the one near Medina). In order to proclaim a certain area Hyma land, the decision is first
voted on by the villagers, and then decided by the local chief.
Thus, we can conclude that Hyma areas are an adaptable institute, in many ways
resembling European natural reserves. Experts agree in perceiving this institute as a source
of positive means to environment preservation.
Different views on Harim and Hyma areas are described in detail later on, in the chapter
that deals with the institutes of Islamic environmental law.
3.2.4 Air
Numerous Hadith reveal that it is forbidden to spread bad odour, especially the odour that
originates in the use of certain food and in digestion. These provisions can by analogy be
used for the present-time numerous industry and traffic-related harmful gases, which are
bad for the environment.86
86
http://www.islamonline.net/english/Contemporary/2002/08/Article02c.shtml (06.03.2006).
3.2.5 Flora and Fauna
»Among the servants of Allah, those who are more useful to the people are also those more
loved by the Divine.«87
Animals are under full legal protection of Islamic law. As early as 8th century AD, the
Muslim jurisconsult Al-Jahiz wrote the »Book on Animals«, although written from the
point of view of natural science, a very advanced work for its time.88 In the 13th century,
this book was followed by an edition of specialized legal literature. It was a kind of Charter
of Fundamental Animal Rights89, written by the Muslim legal expert Izzad-Din Ibn 'Abd
As-Salam.90 Nowadays, lectures on the rights of domestic and wild animals are rare, and
Muslims treat animals very badly. Hadith sources reveal the following Muhammad's
words: »He who treats God's creatures kindly, is kind towards himself.« He further forbade
any ill-treatment of animals. Most Muslim legal experts nowadays feel the country should
enforce animal rights.
Many places in the Qur'an equate man with animal. Verse 24:45, quoted above, even
describes man as an animal on two legs. The Qur'an also forbids excessive burdening of
animals or causing them unnecessary pain. It is forbidden to take milk from milking
animals with young offspring. Hadith even forbid the cursing of animals.91
Islamic legal science distinguishes between domestic and wild animals.
3.2.5.1 DOMESTIC ANIMALS
87
Shu'ab al-Imam, HADITI.
88
Al-H. B. A. Masri, Islam and Ecology, in: ISLAM AND ECOLOGY (1992), p. 13.
89
This reads in translation: »The rights of livestock and animals upon man: These are that he spend on them the provision that their
kinds require, even if they are 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, whether by
breaking their bones or butting or wounding, that he slaughters them he neither flay their skins nor brake their bones until their bodies
have become cold and their lives have passed away; that he not slaughter their young within their sight but that he isolate them; 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 as game; and neither shoot them with anything that bakes their bones not bring their destruction by
any means that renders their meat unlawful to eat (Ibn Abd As-Salam).« (O. Llewellyn, Desert Reclamation, in: ISLAM AND
ECOLOGY (1992), p. 91).
90
Ibidem, p. 14.
91
In Islamic law, this category includes animals used for food (cattle and poultry) as well as
for satisfying other human needs (saddle animals, dogs92 and cats). Domestic animals are
considered private property of the owner, who in turn can do whatever he wants with them.
Nevertheless, some behaviour is strictly forbidden by law, while other is strictly decreed.
Islamic law commands respectful treating of domestic animals; they are not allowed to be
tortured, tied down or used as a target. Animals are to be slaughtered in a humane way93,
otherwise their meat is considered inedible (Mayta).94
The owner must pay Zakat only according to the number of animals intended for food. Its
size depends on the animal species.
3.2.5.2 WILD ANIMALS
Certain wild animals are allowed to be hunted for food, as long as they are killed according
to the regulations. The hunter can hunt wild animals with firearms or with specially trained
animals. If the hunter should reach the animal before it is dead, he is obligated to perform a
ritual slaughter. Islamic law forbids hunting animals, the meat of which it is forbidden to
eat, except if such animals are killed according to the regulations and with legitimate
cause. It is forbidden to hunt wild animals for the purpose of encaging or using them as a
profitable attraction. It is likewise forbidden to sell captured wild animals as pets.
Islamic law allows hunting certain species of wild animals that are inedible and should thus
generally not be hunted, if they represent at least a potential threat to the people, cattle,
produce or other property. These circumstances allow them to be killed even on
pilgrimages, when all types of hunting or killing of animals are particularly forbidden.
As long as a particular animal is killed for food and according to regulations, its skin and
other parts of the body are allowed to be used, although this sort of use is questioned by
some experts.
92
In Muhammadan times, dogs were considered unclean (M. Ruthven, ISLAM (1997), p. 47).
93
Islamic law advocates humane killing of insects, for which man will be suitably rewarded.
94
Even though the meat is considered inedible, the skin is still allowed to be used, if the animal was drugged.
Apart from some highly dangerous species, it is forbidden to kill a snake or a lizard inside
the house. Such killings are only permitted if the animal is intended for food. Thus, people
are forbidden to kill smaller animals or insects if they do not intend to eat them.
3.2.5.3 CULTURAL AND OTHER PLANTS
Islamic law distinguishes between so-called »wild« and »cultivated« plants. The first group
is regarded as public property, and thus allowed to be used for nutrition for people and
animals, as well as for other purposes. These plants can be used by those who come across
them first, as long as they cause no real damage to others.
Special provisions of Islamic law deal with cultivated plants, grown for nutrition purposes.
They are further divided into plants that are stored and subject to Zakat95, and plants that
go bad quickly or can not be stored for other reasons.
3.2.5.4 FINAL THOUGHTS ON LIVING BEINGS
It was Muhammad who first forbade the cutting of trees that provided people and animals
living in the desert with the badly needed shade. He also forbade cutting trees and hunting
wildlife on Hyma land, that is, in protected areas around sacred places.96 The person caught
cutting down trees or hunting was punished by removing his tools or weapons. The ruler
who followed Muhammad also commanded his troops to respect the lives of all living
beings, namely: »Do not cut down trees and do not kill animals except for food (in the
enemy territory.« 97
Islamic environmental legislation, which handles plant protection, originates in the 6th
century AD, when it already dealt with the state of plants and wild animals. The Qur'an
treats plants as living beings.
95
Zakat need only be paid when the harvest is rich enough (this kind of harvest is referred to by Muslims as Nisab). The height of this
tax depends on the type of land. The tax on the produce of the land which does not require irrigation equals 1/10 of the whole produce. If
the land requires irrigation, the tax equals 1/20 of the produce.
96
Based on O. Llewellyn, Desert Reclamation, in: ISLAM AND ECOLOGY (1992), p. 89.
97
Based on Al-H. B. A. Masri, Islam and Ecology, in: ISLAM AND ECOLOGY (1992), p. 13.
All the information on animals and plants, and the legal regulation dealing with these two
types of natural resources, shows how Islam teaches people to respect all living beings, and
to practice moderation when using them to serve human needs. One of the most important
duties of any Muslim with wealth surplus is the paying of Zakat or wealth tax. This way
Muslims share their riches with those less fortunate and those who are too poor to survive.
Islam stresses that those who cause harm to the environment, cause harm to society and
thus also to themselves.
3.2.6 Rock Formations
Islamic law distinguishes between two categories, namely surface rock formations (Zahir)
easy to extract, and sub-surface rock formations (Batin), where extraction requires
isolation processes.
In Islamic law, surface rock formations are considered joint property and belong to
whoever claims them first. Expert opinion on the ownership of sub-surface rock
formations, however, is divided. Even those legal experts who agree that this type of rock
can be privately owned by individuals, nonetheless disagree on whether this is a case of
full-right ownership or solely usus-fructus during the claimant's life. Those who deny
man's right to owning rock formations, justify their views by quoting Islamic law, which
claims rock formation is a gift from God, for which man can take no credit. A person who
comes across rock formation while cultivating his land becomes its exclusive owner,
similarly to those who find a spring or dig a well.
Islamic law also sets a strong distinction between gold and silver, and the rest of metals,
claiming a 2.5% Zakat on these two precious metals only.98
3.2.7 Oil99
98
Certain experts believe all metals, even precious rocks, are subject to Zakat.
99
The entire chapter on oil has been written by the author of this graduate thesis. All assertions in this chapter are evidence of the
author's independent and subjective thought.
Lately, the Arabian Peninsula - the cradle of Islamic religion and culture - has come to
view oil as both, a blessing and a curse. Since oil legislation only first appeared with the
discovery of its quality and value, these laws are, along with other contemporary
legislation, based on important European codes.
Certain individuals, mostly sovereign families on the Arabian Peninsula, profited

immensely from the production and trade of oil and oil products. This created a false
impression of a high standard rise in these poor, especially agriculture-based countries,
which in fact holds true only for a very small section of the population. Accelerated
migration to the city has jeopardized the traditional Muslim way of life, based on
moderation in all areas. The discovery and subsequent exploitation of oil has also caused
increased pollution, especially of air and water resources. The people and the environment
were also forced to suffer equally alarming consequences of armed conflicts over the
power and control of the world economy of natural resources as important as oil.
Since there is little information on this important natural resource in traditional Islamic
legal sources, and due to the limitations of this paper, I have decided on a merely brief and
general introduction. Therefore, I recommend to the reader any of the many available
scholarly works, written on this topic.
3.2.8 Deserts100
All over the world, and especially in the Middle East, desert areas continue to spread, due
to unfavourable climatic conditions and man's insatiable need of cultivable land.101 In
2000, there were already over 850 million people living in desert-climate areas.102
People have explored deserts far and wide and turned them into cultivable land. In times of
demographic explosion, the need for agricultural land and building plots is on a steady rise,
and the harmful type of cultivation used on this land has caused the decay of these areas.
100
Unless stated otherwise, the whole chapter on deserts is based on O. Llewellyn, Desert Reclamation, in: ISLAM AND ECOLOGY
(1992), pp. 87-88.
101
M. Larbi Bouguerra, Moyen-Orient et Maghreb, in: L'ÉTAT DE L'ENVIRONNEMENT (1993), p. 246.
102
A. Lahlou, QUEL ENVIRONNEMENT POUR L'AFRIQUE DU NORD (2000), p. 59.
The planning of desert-area reduction requires the expertise of Islamic legal scholars with a
long history of experience in natural resource management, as well as the practice of land
revival (Ihya al-mawat), considered one of the most important Islamic values.
The final goal of Islamic law, when it comes to desert reduction, is guaranteeing an
efficient and just use of natural resources to all living beings. We need to establish the
boundaries of human exploitation of this man-unfriendly but vitally important ecosystem,
before it is too late and deserts become jeopardized.
3.3 Legal Institutes and Mechanism of Environmental Protection103
Since most Islamic legal institutes deal with cultivated and Harim area protection, I have
provided some general information on these types of land already in the previous chapters
on legislative regulation of natural resources.
Below, I offer the most important institutes of Islamic environmental law. Although
important in the past for preserving forests, wildlife, cultivated land and natural balance,
their use has decreased, along with a rise in environment decay.
• Ihya – acquiring land by cultivation;104

• Iqta – land, donated to the cultivators by state authorities;
• Ijarah – land, leased to the cultivators by state authorities;
• Harim – protected areas;
• Hyma – public reserves, intended for preserving natural habitats;
• Waqf – land, donated by authorities for the public good;
• Hisbah and related Muhtasib – public service for efficient and just use of public
and private areas, natural resources, property, and the related administrator of this
position.
103
Unless stated otherwise, the chapter is based on O. Llewellyn, Desert Reclamation, in: ISLAM AND ECOLOGY (1992), pp. 92-97.
104
For details see chapter 3.2.3.3: Uncultivated Land (Mawat).
3.3.1 Ihya
The institute on acquiring land through cultivation has already been largely covered in the
chapter on legislative regulations of natural sources, which provided a detailed analysis of
land regulations. Nevertheless, we should add that someone who wishes to acquire land by
cultivating it must first built a fence around it. Mere cultivation is not grounds enough for
appropriation. Within reasonable time, generally three years, the land must also be revived.
After this period, the cultivator loses his right of ownership, which is given to others, with
the same possibility of appropriation through cultivation.
This type of land appropriation is allowed as long as no harm is caused to the community.
This institute does not allow anyone to appropriate waterways, roads, public squares,
public pastures or wooded areas that belong to the villagers, nor natural reserves for wild
animals.
3.3.2 Iqta
Islamic state authorities are allowed to donate land in their ownership or ownerless land to
those, willing to revive it. The type of land revival must benefit the land as well as the
general community. Similarly to Iqta, this institute is also subject to a three-year deadline.
If in that time the land has not been revived, the owner loses the ownership. State
authorities are allowed to give away as much land as the beneficiaries are able to cultivate.
This institute does not include land with surface water resources, precious minerals or
other natural resources, important for the community welfare.
This institute was the most common way of granting land which was impossible to revive
purely by cultivation, i.e. through Ihya. The reason this land is donated automatically to
those who revive it, lies in the fact that the Iqta institute is used for remote areas or areas
with difficult access due to natural obstacles, such as steep slopes or flood areas.
The process of land grant assignation resembles public contract award, since the interested
candidates provide a revival plan for a particular area they find the most suitable, while the
competent authority chooses the most appropriate bidder.
3.3.3 Ijarah
This is one of the most important and lately frequently used institutes of Islamic
environmental law. It concerns land areas, leased to cultivators by state authorities,
intended for cultivation of specific produce or specific use, thus improving the land
through cultivation.
Before reaching an agreement with the tenant, the parties decide on the type of produce
and its use, as well as the period of lease and the size of the rental paid by the tenant.
The tenant is allowed to use the land only according to the ways listed in the contract, and
deviations are allowed only in special circumstances, which do not cause greater damage
than the contract-specified use would have. If during the tenure, improvements occur on
the land, the tenant has the right to buy them, extend his lease or remove them at his own
cost, unless stated otherwise in the contract. Ijarah land leases are hereditary.
Authorities keep the right to supervise the use of the leased land, and are allowed to take it
back from the tenant at any time if the land turns out to have important public value.
Since taking advantage of small and economically weak farmers was already forbidden in
Muhammadan times, the rent on Ijarah land, charged by the present-day authorities, is
very low.
Throughout history, the Ijarah institute has been used in development of new settlements,
expansion of waterways and revival of deserted areas. Today, this institute could protect
ecologically sensitive areas, cleared wooded areas, excessively cultivated farmland and
deposits of important raw materials from total destruction for future generations. This
institute offers state authorities the chance to guarantee sustainable development of
brownfield sites and endangered areas.
3.3.4 Harim and Hyma
Harim and Hyma areas were party already discussed in chapters 3.2.3.4 and 3.3.2.5, which
deal with legislative regulations of natural resources. At this point, I would only like to add
that, in order to prevent any damage to important natural resources, all development of
Harim areas is forbidden.
The main difference between Harim and Hyma areas is their location and their
administration. While Harim areas are generally close to a settlement and under citizen
administration, Hyma areas can be found on remote locations, under state administration.
3.3.5 Waqf
This is a charity institute, used by individuals to earmark their property for community
welfare. It is usually, but not exclusively, used for land and real estate. Waqf denotes items
dedicated to Allah, which must be used for charitable purposes. Such endowments become
public property and can not be alienated, sold, inherited or in any way encumbered,
although several areas can be joined to make a type of fund. Waqf items are administered
by a local judge or Qadi.
In countries with Islamic law, this institute was used to build many buildings of general
community importance. Any profits that come from the endowments can also be used in
charitable purposes. The most difficult part of a successful operation of this institution has
turned out to be efficient administration of material and financial endowments.
Improvement in administration standards would not only raise the importance of this legal
institute, but also increase its use.
3.3.6 Hisbah and Muhtasib Mutatawi

Hisbah is undoubtedly one of the oldest institutes of Islamic environmental law. This is an
obligation of every Muslim to do good and prevent evil. Authorities created a special
position to make sure people observed this obligation. It was lead by a Muhtasib, under the
authority and supervision of a local judge. Muhtasib's decisions prevailed over the
decisions of common citizens. Hisbah rules can be enforced by anyone; such people are
referred to as Muhtasib mutatawi.105 Throughout history, this institute spread over all
countries with Islamic legal order, which rendered the Muhtasib position one of the most
important ranks in the state. In the 10th century, the Hisbah institute was adopted by
Egypt, from where it spread over to North Africa.106
Muhtasib's duties included providing efficient water consumption107, keeping roads clean
and enforcing regulations on animal slaughter. Muhtasib also supervised public places and
bazaars, and enforced building regulations. He tried to prevent exhaust emission and other
public dangers, and during war-time, the burning of wooded areas.
One of the main advantages of the Hisbah institute is its efficient and quick use in
environment preservation. Nowadays, this institute is practically extinct. Its revival would
increase the importance of numerous Islamic environmental principles. It could play an
important role in facility construction and management, as well as in control over Harim
and Hyma areas. The duties of a contemporary Muhtasib would be very similar to the past
ones.
105
106
Ibidem, p. 33.
107
If water supply was low, Muslims were required to use clean sand instead of water in ritual ablution before prayer.
4 MODERN ENVIRONMENTAL LAW IN COUNTRIES WITH

MUSLIM LAW (THE EGYPT EXAMPLE)
The reason for choosing Egypt as a representative country in this graduate thesis is its co-
existence of many cultures and different legal systems. In the past few decades, Egypt has
begun to return to its Islamic roots.
4.1 A Short History of the Country and its Authorities
The Nile valley, the centre point of Egypt, is one of the cradles of our civilization. Passed
on from one conqueror to another, Egypt was under numerous political systems. The first
to rule the country were Egyptian kings and queens, followed by Persian rulers, Greeks and
Romans, Byzantines and Sunni Muslims. The latter took the throne in 639 AD and were
only six centuries later overthrown by Ottoman Turks. In the 19th century, Egypt was
occupied by France and Great Britain, the two European colonial powers that later also
conquered it economically. Egypt was the topic of discussion even after the First World
War. Its modern history is marked mainly by numerous government overthrows, which
paved the way for independent Egypt.
4.2 And its legal systems
Islamisation has also had an impact on this country. »… modern Egypt has been
experienced great variation in political systems, specifically in those areas most relevant to
explaining its legal system. Imperial rule, liberal forms of governing, and autocratic and
authoritarian regimes have risen and declined over the past century.«108
In 21st century Egypt, it is difficult to find any evidence of Islamic environmental law. As
mentioned in the previous paragraph, when rich European countries came into power, they
consequently enforced their legislation in Egypt. After its independence, Egypt's legal
system was one of the most modern in the region. This did not change with the 1980
108
N. Brown J.: THE RULE OF LAW (1997), p. 16.
amendment to the 1971 constitution, when all of country's legal acts had to be changed
again, to match Islamic law.109
4.3 Modern Environmental Legislation in Egypt
4.3.1 General
Another unique feature of Egypt is its location. The area around the great river Nile and the
coastline, bordering on the Red Sea is home to 74 million Egyptians110. 97 % of Egyptian
territory is barren desert.111 In other words, this is a country with an extremely sensitive
ecosystem, which has been put to the test by its fast population growth112 (due to
uncontrolled urbanisation and industrialization of the past decades). All this brought about
the realization among experts back in 1970s that Egypt's environmental problems had to be
taken seriously and fought on all levels. But it was only after 1994 that politics and law
intervened; first in 1994 by passing the Environmental Protection Law no. 4, and later in
1997 by founding the Ministry of State for Environmental Affairs.
109
Wikipedia, URL source: http://en.wikipedia.org/wiki/Constitution_of_Egypt, 28.06.2006.
110
These are population data from 2005, based on the internet source URL:
http://devdata.worldbank.org/external/CPProfile.asp?PTYPE=CP&CCODE=EGY (08.06.2006).
111
M. Larbi Bouguerra, L'eau, discorde et conflit, in: L'ÉTAT DE L'ENVIRONNEMENT (1993), p. 251.
112
In the last five years the annual population growth rate has been 1.9 percent. URL:
http://devdata.worldbank.org/external/CPProfile.asp?PTYPE=CP&CCODE=EGY (08.06.2006).
The map of Egypt:
Source: http://en.wikipedia.org/wiki/Image:Eg-map.png , 28.06.2006
4.3.2 Environmental Policy
Since this is one of the more sensitive areas of the world, the campaign against Egypt's
environmental problems is largely funded by donations from international organisations
and other, frequently more developed countries, and their environmental programmes113.
The state multiplier is the Egyptian Environmental Affairs Agency114. Along with its
regional units115 it manages all financial and other funds and helps create Egypt's
environmental policy. In setting up environmental programmes, the Agency has tried to
cooperate with the main industrial polluters, alas with no avail.116
113
I.e. World Bank, United Nations, European Union, USAID and Canadian and Danish International Development Agencies.
114
The Agency is constantly fighting for necessary finance and personnel. Only 90 of its 300 employees are Egyptian citizens, and only
20 of them are environmental experts (Direction des Relations Économiques: LE SECTEUR DE L'ENVIRONNEMENT EN ÉGYPTE,
(1998), p. 11).
115
Regional units enforce the policy of the multiplier organisation, draw up plans for local communities and research environmental
effects (Direction des Relations Économiques: LE SECTEUR DE L'ENVIRONNEMENT EN ÉGYPTE, (1998), p. 11).
116
The Agency received only 250 answers to their 1000 sent letters, from responsible companies, willing to help or cooperate (Direction
des Relations Économiques: LE SECTEUR DE L'ENVIRONNEMENT EN ÉGYPTE, (1998), p. 15).
We must also mention Egypt's international role in environmental issues, since the country
has signed 34 international conventions in some way related to the environment, and is,
ever since the 1972 Stockholm conference, an active participant at international
conferences.117
The attitude towards the environment and environmental issues, maintained by the
responsible parties, is constructive, since it is based on sustainable development. Its
environmental policy makes Egypt an important model for other less developed countries
in the region.
4.3.3 Programming and Other Legally Binding Documents
The fundamental document, serving as a guide to all Egypt's environmental programmes,

is the National Environmental Action Plan, which was written with the help of the World
Bank experts in 1992. It came into force that same year and was also introduced to foreign
organisations at an international conference in Cairo. The document is criticised for its
failure to specify Egypt's main environmental problems, while its programmes are said to
ignore population growth and the connection between poverty and the state of
environment. Critics also claim it to be a mere list of projects, requiring foreign funding,
and not an actual attempt to dissolve the country's environmental problems.118
The most important environmental legal act is the aforementioned 1994 Environmental
Protection Law no. 4119, with modern institutes, mechanisms and structure120, which
nevertheless, only came into force in 1998121. It comprises 104 articles and five chapters,
which, among other things, regulate matter according to natural resources, establish the
power and structure of the Egyptian Environmental Affairs Agency122 and prescribe
penalties for offenders, including custodial penalty.
117
S. Jum'ah Sha'rāwī: ENVIRONMENTAL POLICY MAKING IN EGIPT (1997), p. 6.
118
The paragraph is based on Ibidem, pp. 39-41.
119
Environmental Protection Law nullifies all other Egypt's environmental regulations, except for the 1982 Law no. 48, dealing with the
pollution of the river Nile (Direction des Relations Économiques: LE SECTEUR DE L'ENVIRONNEMENT EN ÉGYPTE, (1998), p.
11).
120
The law obligates polluters to abide by restrictions and standards, to publish reports and estimations. The liable parties are also
eligible for a time period, during which they have to adapt to the legal provisions, while certain behaviour or the lack of thereof is
awarded with certain economical benefits. As a last resort, the Law prescribes penalties.
121
This was largely the fault of important companies, that is, the country's biggest polluters (Direction des Relations Économiques: LE
SECTEUR DE L'ENVIRONNEMENT EN ÉGYPTE, (1998), p. 12).
122
At this point we need to add that the Law does not regulate the relations between the Agency and its regional and local subsidiaries
(Direction des Relations Économiques: LE SECTEUR DE L'ENVIRONNEMENT EN ÉGYPTE, (1998), p. 12).
According to article 103 of the Environmental Protection Law, every citizen has the right
to institute a proceeding before a competent court against anyone in violation of the
provisions of this law.123
This law has been greatly praised by foreign donors, who insisted Egypt provide an
official document, binding itself to use the funding for environmental purposes, before any
actual funding take place.124 An important role in writing the Law was also played by non-
governmental organisations.
Egypt's exercising of efficient environmental policy is not hindered by lack of an

administrative legal matter, but rather by a lack of political will, as well as financial means
and personnel. This leaves the conflict over budget resources between the economy and
environmental issues unfair and unequal.125
4.3.4 The Results of Egypt’s Modern Environmental Policy
Egypt's modern environmental policy has brought many good results, including the
following:
• authorities have realised environmental issues must not be dealt with

separate from other related issues, but using an interdisciplinary approach;
• greater emphasis on formal and informal education on the environment and
its protection;
• to reach the final goal, i.e. healthy environment, authorities must invoke not
only demands and control, but also alternative strategies and mechanisms;
• authorities have finally set themselves actual and feasible goals.
All these positive measures notwithstanding, Egypt's environmental policy is among other
things, tainted with the enormous amount of funding that goes to the country's economic
development at the cost of natural resource protection. This is mostly the case in
123
Direction des Relations Économiques: LE SECTEUR DE L'ENVIRONNEMENT EN ÉGYPTE, (1998), p. 13.
124
S. Jum'ah Sha'rāwī: ENVIRONMENTAL POLICY MAKING IN EGIPT (1997), p. 52.
125
Direction des Relations Économiques: LE SECTEUR DE L'ENVIRONNEMENT EN ÉGYPTE, (1998), p. 15.
favourable energy product taxation (oil products), compared to the high taxation of
modern, clean energy, as well as in large state subsidies of the price of drinking water and
water used in agricultural purposes, in certain urban areas. The same goes for land near the
Red Sea coast, literally given away by the state to investors, willing to build tourist areas,
and thus spoiling the landscape and polluting the environment.126
The main problems of the environmental policy:
• Egyptian Environmental Affairs Agency’s lack of finance and personnel;

• environmental regulations are still often unrealistic, since they are simply
copied from legal acts of other, mostly more-developed countries;
• state-owned companies often fail to follow regulations and thus set a bad
example to private companies;
• companies often can not afford the price of following regulations, which
would lead them into bankruptcy.
4.4 Egyptians' Attitude towards the Environment
The people of Egypt are only concerned with current problems, but seldom try to see the
bigger picture. Global warming and excessive tree-cutting are simply not that relevant. On
the contrary, people are alarmed by air and water pollution, since they can feel their
consequences. The reasons for such attitude mostly originate in the population's economic
circumstances.127
The fact that most people would rather opt for a home view of chimneys and cement
factories than pristine nature, since the former, though a potent polluter, also guarantees
development and jobs, tells that people rate economic prosperity over the state of the
environment.128 The same is true of farmers, who insist on the use of toxic chemicals,
which guarantee better economic security.129
126
The paragraph is based on Direction des Relations Économiques: LE SECTEUR DE L'ENVIRONNEMENT EN ÉGYPTE (1998), p.
14.
127
N. S. Hopkins, and S. R. Mehanna, S. El-Haggar, PEOPLE AND POLLUTION (2001), p. 153.
128
In 1995, 38 % of Egyptians chose clean environment over new factories. In 1997, this figure dropped to 11 %. The data are based on
table 26 in: N. S. Hopkins, and S. R. Mehanna, S. El-Haggar, PEOPLE AND POLLUTION (2001), p. 173.
129
N. S. Hopkins, and S. R. Mehanna, S. El-Haggar, PEOPLE AND POLLUTION (2001), pp. 157-158.
Egyptians often associate man's care of the environment with cleanliness, health and moral
values, thus associating environmental protection with religion.130 People place too much
importance and trust in local government, and so often feel that state intervention is a
violation of community privacy. This greatly hinders any serious plans for environment
protection or rehabilitation.131
4.5 Dangers Surrounding Egypt's Natural Environment
Egypt is subject to the same problems as other developing countries. The country's densely
populated areas are suffocating from air pollution, caused by exhaust emission and
industry, due to the large share of old private vehicles and public transport with engines
without catalytic converters. Authorities have recently launched an intensive campaign in
favour of unleaded petrol. In 1998, two thirds of all toxic gases in Egypt's atmosphere were
of industrial origin. Large sections of land in the vicinity of cities and industry are heavily
polluted by hazardous heavy metal and other toxins, such as chemical fertilizers and
pesticides, used by producers to guarantee themselves a permanent income, regardless of
unpredictable weather or season.132 Another serious danger to nature, especially land, lies
in traditional »toub« brick manufacture.133
Egypt borders on the Red Sea and the Mediterranean Sea, both extremely important for the
planet's biosphere, but sadly two of the most busy and sensitive seas in the world. Apart
from everyday pollution, caused by coastal settlement and industry effluents, the areas are
permanently threatened by oil spills from numerous tankers using the Suez Canal. Egypt's
National Environmental Action Plan has also identified two wetlands, namely Manzalah
and Bahr El-Baqar, where fish consumption has become hazardous due to the pollution of
fresh water.134
130
Ibidem, p. 165.
131
Ibidem, p. 166.
132
J. G. Jabbra, Nancy W. Jabbra, CHALLENGING ENVIRONMENTAL ISSUES: MIDDLE EASTERN PERSPECTIVES (1997), p.
7.
133
M. Larbi Bouguerra,: Moyen-Orient et Maghreb, in: L'ÉTAT DE L'ENVIRONNEMENT (1993), p. 246.
134
J. G. Jabbra, Nancy W. Jabbra, CHALLENGING ENVIRONMENTAL ISSUES: MIDDLE EASTERN PERSPECTIVES (1997), p.
5.
Waste disposal and recyclation is one the most perilous issues in Egypt, especially in Cairo
and other big cities, where up to 70 % of waste does not get picked up. Waste disposal is
handled by public services, private companies and Egypt's unique »les Zabaleens«135.
Waste is often dumped in the Nile's delta and its many streams, instead of taken to
recyclation plants. Poor medical waste management represents yet another big problem in
Egypt.136
In 1970, the ten-year construction of the Aswān dam on the Nile, the largest river in the
world, was finally completed. The energy, produced at the dam, covers 40 % of all Egypt's
electricity needs, and is extremely important for the country's economy, since it greatly
decreases its dependence on crude oil. Likewise, the water level regulation and irrigation,
enabled by the dam, greatly benefits Egypt's agricultural production.137 The dam has
increased the size of agricultural land by 77 %.138 However, the construction of such a
large dam also bore negative consequences. Such a violation of nature often destroys
natural balance and creates big changes in the landscape. People had to be evacuated and a
lot of animal species lost their natural habitat. The need for abundant fertilization along
with the construction of drainage and water-traction systems caused a rise in agricultural
production costs in the upper reaches of the Nile.139 Egypt's excessive exploitation of all
water potential of the Nile is, among others, greatly criticized by other African countries
that lie near the big river.140
135
These are poor country immigrants, making a living with disposal and recyclation of all kinds of waste, usually stored in their homes,
or simply setting up homes right on or near rubbish dumps. This is a »family trade« and children start helping at an early age. Strong
inter- and intra-social family structure often results in group specialisation in certain waste types. This way the poorest level of Egyptian
society is allowed to survive, and at the same time slightly contribute to a cleaner environment (M. Larbi Bouguerra, Les »zabbalin«,
chiffonniers du Caire, in: L'ÉTAT DE L'ENVIRONNEMENT (1993), p. 101).
136
The paragraph is based on Direction des Relations Économiques: LE SECTEUR DE L'ENVIRONNEMENT EN ÉGYPTE, (1998), p.
10.
137
M. Murakami, MANAGING WATER FOR PEACE IN THE MIDDLE EAST: ALTERNATIVE STRATEGIES (1995), p. 66.
138
M. Larbi Bouguerra, Barrage d'Assouan, in: L'ÉTAT DE L'ENVIRONNEMENT (1993), p. 251.
139
M. Murakami, MANAGING WATER FOR PEACE IN THE MIDDLE EAST: ALTERNATIVE STRATEGIES (1995), p. 67.
140
M. Larbi Bouguerra: Moyen-Orient et Maghreb, in: L'ÉTAT DE L'ENVIRONNEMENT (1993), p. 247.
5 CONCLUSION
»Greater indeed than the creation of man is the creation of the heavens and the earth, yet
most of mankind know not.«141
The persistent and continuous destruction of the legacy, comprising numerous teachings
and guidance, left to mankind by ancient cultures, extinct civilisations and great religions,
goes back a long time. Nowadays, people should possess far greater knowledge than our
ancestors, bringing our development to a climax. But the way we treat the environment is
definitely no proof of this, and will, especially due to economic pressure, gradually lead to
our self-destruction. All our environmental problems notwithstanding, people are
obviously not well aware of our failing to preserve clean and healthy environment, and
constantly cross the lines, neglect useful values and act contrary to the principles of
sustainable development. Without a doubt, rich countries have it the worst, since despite its
inflated worth, money has become the only adherent value and criterion. It is used by the
entire »developed« world to trade with actual goods, such as irreplaceable natural
resources.
As long as people's needs remained within moderation, the environment »fulfilled« these
needs, especially in poor and thus most Muslim countries. All this changed after these
countries wilfully or through economic and military needs engaged in uncontrolled
economic development, when environment protection became nothing more than an
obstacle to faster and greater economic progress. Along the way, Muslims lost their unique
perception of the world.
Islamic lack of boundaries between politics, law and religion, though criticised by secular
society, has in fact proven to be an advantage for environmental protection, which this way
walks hand in hand with economic progress. In the future, poor Muslim countries will need
to improve their environmental policy and provide for more efficient natural resource
exploitation.
141
The Qur'an, 40:57.
Solutions, invoked by economically developed countries, are not necessarily fit for
developing and thus most Muslim countries. The time has come when the Muslim world
should return to its roots and its traditional solutions. The effect of globalisation has
brought changes to the Muslim lifestyle, and new, often imposed, values, based on a desire
for progress and better living standards. Thus, people are willing to give up traditional
values, which guaranteed a just and sustainable development of the society and
consequently, of the environment. Nevertheless, we should not neglect the power and
significance of regulations and rules, which facilitate the enforcement of environmental
provisions.
The current lifestyle has proven as fatal to the future of the environment, and Muslims will
need to find a middle path and revive their Islamic teachings. Reaching a middle path
means finding a way to reduce the differences between the North and the South, alias rich
and poor countries. If Islamic advantages, such as striving towards goodness, moderation
and creativity, continue to be overlooked, we will turn down the help of an important
world power. Once we stop shutting our eyes and embrace positive suggestions from other
cultures and societies, once we realise the error of our own environmental attitude, we can
commence on a path towards sustainable development and human survival.
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Šafar, Martin, Islamic environmental law 1

ISLAMIC ENVIRONMENTAL LAW

Author: Martin Šafar

Supervisor: prof. dr. Senko Pličanič

Ljubljana, January 2007

3 ISLAMIC ENVIRONMENTAL LAW .................................................................... 14

3.2.5.3 CULTURAL AND OTHER PLANTS.................................................... 27

4 MODERN ENVIRONMENTAL LAW IN COUNTRIES WITH MUSLIM LAW

A particular country, region or continent's environmental problems exceed the national

2.1 The History of Islam

2.1.1 During the Life of God's Messenger

2.2 Islamic Law

2.2.1 Legal Sources

2.2.1.1 THE QUR'AN

• the science of speculative theology;

2.2.1.4 ANALOGY (QIYAS)

2.3 Basic Principles and Notions of Islam as an Integral Religion

3 ISLAMIC ENVIRONMENTAL48 LAW

3.2 Elements of Legal Protection and Natural Resources

»… and that we made from water every living thing?«63

3.2.2.4 WATER SPRINGS

This water-resource category is also divided into three subgroups.

3.2.2.5 CONCLUSION ON WATER RESOURCES

Islamic law distinguishes between three categories of land, namely:

3.2.3.2 CULTIVATED LAND (AMIR76)

3.2.3.3 UNCULTIVATED LAND (MAWAT78)

• by bounding the uncultivated land with a hedge or a wall;

3.2.3.4 PROTECTED AREAS (HARIM)

It is important to note that Harim areas always belong to someone, even if it is an

3.2.5 Flora and Fauna

Islamic legal science distinguishes between domestic and wild animals.

3.2.5.1 DOMESTIC ANIMALS

3.2.5.2 WILD ANIMALS

3.2.5.3 CULTURAL AND OTHER PLANTS

3.2.5.4 FINAL THOUGHTS ON LIVING BEINGS

3.2.6 Rock Formations

Certain individuals, mostly sovereign families on the Arabian Peninsula, profited

3.3 Legal Institutes and Mechanism of Environmental Protection103

• Ihya – acquiring land by cultivation;104

3.3.4 Harim and Hyma

3.3.6 Hisbah and Muhtasib Mutatawi

4 MODERN ENVIRONMENTAL LAW IN COUNTRIES WITH

4.1 A Short History of the Country and its Authorities

4.2 And its legal systems

4.3 Modern Environmental Legislation in Egypt

The map of Egypt:

Source: http://en.wikipedia.org/wiki/Image:Eg-map.png , 28.06.2006

4.3.2 Environmental Policy

4.3.3 Programming and Other Legally Binding Documents

The fundamental document, serving as a guide to all Egypt's environmental programmes,

Egypt's exercising of efficient environmental policy is not hindered by lack of an

4.3.4 The Results of Egypt’s Modern Environmental Policy

• authorities have realised environmental issues must not be dealt with

The main problems of the environmental policy:

• Egyptian Environmental Affairs Agency’s lack of finance and personnel;

4.4 Egyptians' Attitude towards the Environment

4.5 Dangers Surrounding Egypt's Natural Environment

Articles and papers:

11. Brisset, Claire: Pauvreté, Environnement et Santé – L'Avenir sacrifié, in:

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