Hint: Contemporary jurists, due to their newness, face many ambiguities. One of the most important and basic of these ambiguities is the nature, dimensions and network of its issues, which is almost neglected in the majority of emerging jurisprudence, and therefore it is rare to find a chapter of contemporary jurisprudence in which the nature, dimensions and network of its issues are clearly clarified. be Dr. Khadija Afshin, jurist and professor of Zahedan University, who has been specializing in environmental jurisprudence and natural resources for some time, tries to explain environmental jurisprudence, its dimensions and chapters in this note.
From the point of view of jurisprudence, the environment and dealing with its issues have a special place; Because one of the pillars of human health in physical terms, which forms the basis of human mental and spiritual health, is a healthy environment. Before dealing with the jurisprudence of the environment and natural resources, it should be noted that there is an absolute public and private relationship between the environment and natural resources; Because the range and inclusion of natural resources is not as wide as the environment; Therefore, jurisprudence, which consists of a set of divine commands for the management of this world and the hereafter, has beautifully dealt with the issue of environmental protection and responsibility for its issues and has not remained silent.
The collection of air, water, soil, forest plants, etc., as well as the city, alley, street, building, etc., which are the spaces in which humans live, are considered examples of the environment.
Islam’s broad view of the environment can be found in the chapters of purification, prayer, pilgrimage, prohibition of hunting and tinning of plants, revitalization of Mowat, etc.
To express the dimensions of environmental jurisprudence, it should be said that this jurisprudence chapter includes the sky, the ozone layer, even meteorites, etc. from the upper part, and the lower part includes the earth, what grows on it, and the earth, mines, etc.
The issues that are raised around the environment, due to the extent and scope of the environment, have a lot of diversity. This expansion has caused environmental and natural resources jurisprudence to overlap with some other chapters such as city and urbanization jurisprudence, pilgrimage jurisprudence and economic jurisprudence.
For example, the issues related to the urban environment are included under environmental jurisprudence, and in terms of its placement in the city, it is among the issues of city and urbanization jurisprudence. or natural resources, in terms of being a source, is an example of environmental and natural resources jurisprudence; But in terms of the economic benefits of resources such as oil and water, it will also be included in economic jurisprudence. It seems that the important difference between these chapters in overlapping cases is the way of looking at the problem. If the way of looking at the urban green space is its environmental aspect, then it is placed in the field of environmental jurisprudence; But if the way of looking at it is in terms of urban space and its beautification, it will be under the jurisprudence of city and urbanization.
There are various suggestions for compiling the chapters of environmental jurisprudence and natural resources. But it seems appropriate to divide it into two general headings “Environment” and “Natural Resources” and then state the sub-chapters of each under it. For example, animals, plants, air and land are considered as micro-chapters of the environment. Water, mines, fossil fuels, etc. are also considered as sub-chapters of the natural resources sector.
In the end, it can be said that jurisprudence’s view of the environment is not narrow, narrow and dark; Rather, with a maximum view that shows that Sharia texts have paid close attention to all aspects of human life in order to ensure human benefit and expediency and have not neglected even the smallest issue, and in one word, the environment can be considered to include all issues that are somehow related to human life. and human physical and mental health depends on these things.