The environmental and natural resources jurisprudence is one of the nascent jurisprudence chapters of contemporary jurisprudence. Argumentative jurisprudential writings in this jurisprudential chapter, although there are a limited number; However, for two years now, the external environmental jurisprudence course has been held in Qum under the initiative of Prof. Ayatullah Ahmad Muballeghi,the head of the Religious Scholars Council of the country, who has a long history of starting untraveled paths in jurisprudence and related sciences, took another step for the development and deepening of newly emerging jurisprudence by starting to teach environmental jurisprudence this time. The member of the Board of Trustees of the Research Institute of Contemporary Jurisprudence, in this short note, which is an excerpt from his environmental jurisprudence course, discusses the topics of environmental jurisprudence.

Environmental jurisprudence is organized in an introduction and five sections:

Introduction to environmental jurisprudence

In the introduction, the jurisprudential method in environmental jurisprudence is discussed.

Regarding the method, it should be said that paying attention to two issues is more important:

1.Thematics: It means, firstly, the explanation of related knowledge and interdisciplinary studies, and secondly, knowing the subject specifically in each problem.

2.Extracting, explaining and referring to a set of jurisprudential rules as well as jurisprudential rules. Jurisprudence rules have less scope and range than jurisprudence rules, but they will be very useful in environmental jurisprudence.

Departments of environmental jurisprudence

Environmental jurisprudence can be organized into four general sections, each section consisting of a number of chapters. These sections and chapters under each of them are as follows:

Part 1: Theoretical foundations affecting environmental jurisprudence

In this section, theories should be explained, all of which will be explained in the context of looking at the environment. Some of these theories are:

“Property in Islam and its types”;

“Man’s caliphate on earth”;

“Human responsibility towards future generations”;

“Theory of Justice”.

This section deals with negative actions towards the environment. In the introduction of this section, we will have three discussions: general areas of destruction, places of destruction and type of destruction.

Seven chapters have been designed in this section, which are:

The first chapter. Jurisprudence rulings on wasting water;

The second season. Jurisprudence of air pollution;

The third chapter. Jurisprudential rulings on destroying soil;

The fourth chapter. Jurisprudential rulings on the destruction and cutting of trees;

The fifth chapter. Jurisprudence rulings on the destruction of pastures;

The sixth chapter. Jurisprudence rulings on killing animals;

Chapter Seven: Encroachment on wetlands.

Section 3: Protection of the environment

This section is responsible for positive and supportive actions towards the environment. The chapters of this section are:

Chapter 1: Definition of protecting the environment and its difference from not destroying it;

The second chapter: The four pillars of protecting the environment (the four pillars here are protection, reconstruction, safety and health of the environment.)

Section 4: Environmental stabilization

This part of environmental jurisprudence looks at the future of the environment and future generations and includes both negative and positive actions.

In this section, the following chapters will be presented:

Chapter 1: Biodiversity and its jurisprudence;

Chapter Two: Jurisprudential issues related to the use of renewable resources at a rate proportional to the capacity of natural systems;

The third chapter: jurisprudential issues related to social-ecological systems;

Chapter 4: Dangers that threaten the planet, such as the destruction of the ozone layer;

Fifth part: Jurisprudence of contracts with other agencies in the environment

As its name suggests, this section examines jurisprudential questions related to the contracts of Islamic countries with other countries in the field of environment.

The point worth mentioning here is that since the government is responsible for environmental protection and environmental stabilization, many jurisprudence issues related to these two areas overlap with the issues of “legislative jurisprudence” and “policy-making jurisprudence”; But in terms of the importance of environmental jurisprudence and its specialized content, it is necessary to examine and discuss these issues in this specialized jurisprudence.

This article is a part of the file “Fundamentals of Environmental and Natural Resources Jurisprudence” and will be prepared and published in collaboration with Ijtihad Network.