Book contents
- Rediscovery and Revival in Islamic Environmental Law
- ASCL Studies in Comparative Law
- Rediscovery and Revival in Islamic Environmental Law
- Copyright page
- Dedication
- Epigraph
- Contents
- Figures
- Tables
- Preface
- Acknowledgments
- Glossary
- Acronyms
- 1 Introductory Context and Issues
- 2 What Is “Islamic Environmental Law”?
- 3 The Dormancy of Islamic Environmental Law
- 4 A Fruitful Comparison with the Common Law
- 5 Potential for Growth of Islamic Environmental Law
- Conclusion
- Select Bibliography
- Index
2 - What Is “Islamic Environmental Law”?
Published online by Cambridge University Press: 11 March 2021
- Rediscovery and Revival in Islamic Environmental Law
- ASCL Studies in Comparative Law
- Rediscovery and Revival in Islamic Environmental Law
- Copyright page
- Dedication
- Epigraph
- Contents
- Figures
- Tables
- Preface
- Acknowledgments
- Glossary
- Acronyms
- 1 Introductory Context and Issues
- 2 What Is “Islamic Environmental Law”?
- 3 The Dormancy of Islamic Environmental Law
- 4 A Fruitful Comparison with the Common Law
- 5 Potential for Growth of Islamic Environmental Law
- Conclusion
- Select Bibliography
- Index
Summary
There is no discipline called “Islamic environmental law”. While Islamic law is proclaimed as a source of the legal system in the constitutions of Muslim countries, it is generally not used for the purpose of nature conservation. However, we can find in Islamic law a theoretical and practical foundation for environmental law. All sources of Islamic law can be used for this purpose as they all have a potential ecological application. This chapter explores the sources of Islamic law in order to find avenues to Islamic environmental law and the Atrmospheric Waqf paradigm. In this regard, it analyzes two of the main important legal instruments that could be dedicated to the protection of natural resources and limit climate change impacts (Waqf and Hima).
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- Rediscovery and Revival in Islamic Environmental LawBack to the Future of Nature's Trust, pp. 31 - 53Publisher: Cambridge University PressPrint publication year: 2021