The scientific meeting “Air pollution from the point of view of jurisprudence and law” was held at the Institute of Contemporary Jurisprudence Studies. in this meeting
Hojjat-ul-Islam Salman Behjati Ardakani (member of seminaries’ environment steering staff) discussed the issue with a jurisprudential approach and Dr. Ali Mashhadi, associate professor of the Faculty of Law of Qom University with a legal approach.
In this meeting, Hojjat al-Islam and Muslimeen Behjati Ardakani discussed the jurisprudential framework of air pollution. In the first step, with the topic of the discussion, referring to different forms of air pollution, he considered the topic of discussion to be the pollutions that are caused directly or indirectly by human hands.
In examining some of the arguments for this verse from the Holy Qur’an, which says, “And the blessed country grows its plants by the permission of its Lord” and also a hadith of Imam Sadiq (a.s.), who explained the ease of life in three things: clean air, fresh water, And he pointed out the fertile land.
An overview of the beliefs of jurists in this field was one of the other axes of the discussion of Hujjat al-Islam and Behjati’s Muslims. He followed the footsteps of the debate on the environment and especially air pollution in Allameh Hali’s fatwa about 700 years ago and said: “Allameh Hali raises the issue of whether he can live on his land, which is next to a market and a place of public transportation. to establish a blacksmith? Also, this form of debate can be seen among the jurists after Allameh, such as Sahib Miftah al-Karamah and Sahib Javaher until the contemporary period.
Taking a second look at the issue of air pollution, he examined a narration from Amir al-Mu’minin (a.s.) who says: “The Messenger of God (pbuh) forbade the introduction of poison in the land of the polytheists.” And he added: “Here, the famous practice of ancient times suppresses the weakness of the chain of transmission, and therefore there is no problem in this narration, and many scholars have acted on this narration and issued a fatwa on it that it is sacred to inject poison in the land of polytheists.”
Another discussion that was discussed further was the multiplicity of causes of air pollution.
In the continuation of the meeting, Dr. Mashhadi discussed the legal issues. In the first part, referring to international law, he considered three axes as fundamental: “One is the discussion of the ozone layer and the hole in the ozone layer due to the introduction of polluting compounds and foreign compounds into the air. The second is the issue of climate change and the emission of greenhouse gases, and the third is cross-border air pollution. It means those types of air pollution that cross the border of one or more countries, and there is a problem of fine dust in Iran.
From his point of view, we are facing 3 main legal axes in the domestic context:
- The type of legal rulings that ensure that pollution is not created and prevented.
- Air pollution control.
- Support after an environmental incident.
He went on to examine the laws related to each of the above three sections.
It is worth mentioning that this meeting was held on Tuesday, November 9, and the secretary of this meeting was Hojjat al-Islam and Muslimeen Joshghani.