Environmental protection in Islamic jurisprudence and the Saudi law
Keywords:
means - administrative control - environmental protection.Abstract
The environment and its components are considered the vital environment in which humans live .Environment has become the concern of society as a whole .In addition, the goal of providing a safe environment for humans’ livelihood has become one of the priorities of countries at the global and domestic and national levels on equal basis. Every country undertakes the appropriate measures which preserve the environment in its region and enact the necessary legislations to achieve this purpose as well. The various state agencies are considered the bodies responsible for protecting the environment in their region. The administrative authorities, for example, have the powers granted by the law to preserve the environment and deter violations. Such measures are nothing but implementation of the teachings of the true religion (Islam) and its intact rules that dealt with this crucial issue in accordance with a number of long-standing jurisprudential rules which the work of the administrative control authorities does not deviate from its content during the implementation of the environmental protection in the state. The administrative control authorities play an effective role in achieving the goal of protecting the environment. Through conducting this study, we show the means of administrative control in protecting the environment according to the Islamic Sharia and the enforce law.
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References
First: The Holy Quran.
Second: Books of Tafsir (Interpretation):
- Editing and Enlightenment (Al-Tahrir wltanweer) by Ibn Ashour, Sahnoun House ( Dar Sahnoon) for Publishing and Distribution - Tunisia, 1997 AD
- The scholar Shihab Al-Din Al-Alousi Al-Baghdadi (d. 1270) The Spirit of Meanings ( Rooh Al-Maanai) in the Interpretation of the Holy Qur’an and the Seven Matanids( Al-Saa Al-Mathani), House of Revival of Arab Heritage ( Beit Ehiyaa Al- Torath) , Beirut, without a year of publication, part 21.
- Mawatih al-Ghayb by Al-Razi, House of Revival of Arab Heritage( Beit Ehiyaa Al-Torath, Beirut, third edition, 1420 AH
Third: Books of the Prophet’s Sunnah and their interpretations:
- Sunan Ibn Majah, Abi Abdullah Muhammad Ibn Yazid Al-Qazwini (209-273 AH) ( Houe os Knowledge) Al Maarif Library for Publishing and Distribution.
- Sunan Abi Dawood, Edited by: Muhammad Mohiuddin Abdul Hamid, Publisher: Modern Library, Saida - Beirut. 3- Sahih Muslim by Imam Muslim bin Al-Hajjaj bin Muslim Al- Qushairy Al-Nisaburi, Edited by: Nazar bin Muhammad Al-Faryabi Abu Qutaiba, Dar Taibah, 1427 AH - 2006 AD
- Musnad of Imam Ahmad bin Hanbal, the author: Abu Abdullah Ahmad bin Muhammad bin Hanbal bin Hilal bin Asad al-Shaybani (deceased: 241 AH). Edited by: Shuaib al-Arna`ut
- Adel Murshid, and others supervised by: Dr. Abdullah bin Abdul Mohsen al-Turki Publisher: Establishment of Resala ( Moaasisat Al-Resalah) , First Edition: 2001 A.D. 1421. 5- Al-Manhaj fi Sharh Sahih Muslim bin Al-Hajj, Imam Al-Nawawi (d.676), House of International Ideas ( Beit Al-Afkar Al-Dawliyah), Amman without a year of publication, Part 3.
Fourth: Arabic language books:
- Al-Sahhah by Al-Jawhari Al-Sahah Taj of the Al-Language and Sahah Al- Arabiya by Ismail bin Hammad Al-Jawhary, Edited by Ahmed Abdel-Ghafour Attar, Part One, Dar Al-Alam for Millions( House of Science for Milllions) , Beirut.
- The Comprehensive Dictionary ( Al-Qamoos Al-Moheet) by Fayrouz Abadi Majd al-Din Abu Taher Muhammad Ibn Ya`qub al-Fayrouzabadi (deceased: 817 AH "Al- Resala Foundation for Printing, Publishing and Distribution, Beirut - Lebanon , Eighth Edition:, 1426 AH - 2005 AD.
- Abu Al-Fadl Jamal al-Din bin Manzur, Lisan al-Arab( Tongue of Arabs), Part VIII, 3rd Edition, Arab Heritage House( dar Al-Torath Al-Arabi), Beirut, 1956 .
- Vocabulary in Gharib Al-Qur’an, Abu al-Qasim al-Husayn Ibn Muhammad, Edited by Muhammad Sayed Kilani, Dar al-Maarifah, Lebanon, Part 1, without a year of publication.
Fifth: books of Fiqh (Jurisprudence):
- Al-Mughni, a brief explanation of al-Kharqi, by Ibn Qudama 4/388, Cairo Library, 1388 AH, 1968 AD.
Sixth: books of jurisprudential rules.
- Durar al-Hakam, Explanation of Al-Ahkam Magazine, Ali Haydar Khawaja Amin Effendi (deceased: 1353 AH) Arabization: Fahmi Al-Husseini Publisher: Dar Al-Jeel First Edition, 1411 AH – 1991 AD.
- Similarities and analogues by Al-Sobky Taj al-Din Abd Al-Wahhab Bin Taqi Al-Din Al- Subki (deceased in 771 AH), Dar Al-Kutub Al-Ilmiyyah( House of Scientific Books), First Edition 1411 AH - 1991 AD.
- Similarities and analogues of al-Suyuti, Abdel-Rahman Bin Abi Bakr, Jalal Al-Din Al- Suyuti (deceased: 911 AH) Publisher: Dar Al-Kutub al-'Ilmiyya, 1st Edition, 1411 AH -1990 CE.
- Similarities and analogues by Ibn Najim Al-Masri Zain al-Din Bin Ibrahim Bin Muhammad, known as Ibn Najim Al-Masri (deceased: 970 AH), Dar al-Kutub al-Ilmiyya, Beirut – First Edition, Lebanon, 1419 AH - 1999 AD.
Books of Principles and Objectives:
- ( Al-Moafaqat)The approvals in the Fundamentals of Sharia by Al-Shatby Ibrahim Bin Musa Al-Lakhmi Al-Shatibi , Edited by: Abdullah Deraz Muhammad , Publisher: Dar Al-Kutub Al-Ilmiyya; Publication year: 1425-2004.
Law Books:
- Dr. Ibtsam Saeed Al-Malkawi, The Crime of Environmental Pollution, 1st Edition, House of Culture for Publishing and Distribution, Amman, 2008.
- Dr. Ahmed Abdulaziz Al-Shaibani, Responsibility of the Administration for Administrative Control in Normal Conditions, PhD Thesis, College of Law, Baghdad, 2005 AD.
- Dr. Ahmed Abdul Karim Salama, Environmental Protection in Islamic Jurisprudence, Ahmadiyya Magazine, 1st Edition. 4- Dr. Elsayed Abdel Ati Yassin, Man and Knowledge, Dar Al-Marefa Al-Gmaei ( University Knowledge House), Alexandria, 1999 AD.
- Dr. Tawfiq Shehata, Administrative Law, Part 1, 1st Edition, Egyptian Universities Publishing House.
- Dr. Hussam Morsi, Administration Authority in the Field of Administrative Control, A comparative Study, University Thought House, Alexandria, 2011 AD. 7- Dr. Rasha Abdel Razek Jassim, Administrative Control Bodies and their Role in
Environmental Protection, A research published in the Journal of the Faculty of Law, Nahrain University, Volume Sixteen, 2nd Edition, 2014. 8- Dr. Salah El-Din Fawzy, The Simplified in Administrative Law, Dar Al-Nahda Al-Arabiyya, Cairo 2002-2003.
- Dr. Ammar Boudiaf , Al Wajeez in Administrative Law, 2nd Edition, Bridges ( Josor)for Publishing and Distribution, Algeria, 2007.
- Dr. Maged Ragheb El- Helou, Environmental Protection Law in the Light of Sharia, Knowledge Foundation Alexandria, 2002 AD.
- Dr. Maher Salah Allawi Al-Jubouri, Mediator in Law, Ibn Al-Atheer House for Printing and Publishing, 2009 AD.
- Dr. Muhammad Abdo Manahi Al-Azmi, Administrative Protection of the Environment, Dar Al-Nahda Al-Arabiya, 2009 AD.
- Dr. Mona Kassem, Environmental Pollution and Economic Development, The Egyptian House, 3rd Edition, 1994 AD.
- Dr. Nawaf Kanaan, Administrative Law, House of Culture for Publishing and Distribution, Amman, 2006.
Laws and Regulations:
Environmental system issued by Royal Decree No. (M / 165) dated 19/1/1441 AH.
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