Note: Hujjat al-Islam wal-Muslimeen Dr. Yaqoub-Ali Borji has been actively engaged in teaching and research regarding environmental jurisprudence and natural resources for nearly two decades. Authoring numerous books and articles, including the Islamic Encyclopedia of Agriculture, Natural Resources, and Environment, constitutes part of his efforts in this domain. We interviewed him regarding jurisprudential protections for natural resources. While he considers jurists’ fatwas in the realm of natural resource protection to be insufficient or non-explicit, he believes that vast attention has been given to this matter in our religious sources, and effective fatwas can be issued through these sources to safeguard natural resources. The detailed text of Contemporary Jurisprudence‘s exclusive interview with this member of the Scientific Council of the “Jurisprudence of Environment and Natural Resources” Group at the Research Institute of Contemporary Jurisprudence Studies follows:

Contemporary Jurisprudence: How do you evaluate jurisprudential protections for natural resources and jurists’ fatwas in support of preserving natural resources?

Borji: The fatwas of Islamic jurists regarding the protection of natural resources can be categorized into several general groups:

A) Rulings pertaining to preserving natural resources and prohibiting their destruction:

• Prohibition of corruption on earth (ifsad fi al-ard); [1]

• Prohibition of cutting down trees without necessity; [2]

• Prohibition of polluting water sources. [3]

B) Rulings pertaining to reasonable exploitation of resources:

• The principle of acquisition of public commodities (hiyazat al-mubahat) while observing public interests; [4]

• The Rule of No Harm and No Harassment (Qa’idah La Darar wa La Dirar). [5]

Contemporary Jurisprudence: Is part of the crisis of natural resource depletion due to insufficient or non-explicit fatwas by jurists prohibiting the excessive use of natural resources, or have jurists’ fatwas played little role in this crisis?

Borji: It appears that the primary problem lies not in a shortage or defect of fatwas, but in the following matters:

A) Failure to properly implement existing rulings;
B) Insufficient attention to the social and intergenerational dimensions of rulings;
C) Prevalence of an individualistic approach in interpreting rulings.

Of course, this does not imply that jurists’ fatwas regarding the environment were sufficient and explicit; rather, because the environmental issue was not posited as a primary human problem during those eras, serious fatwas were consequently not produced in this regard either.

Contemporary Jurisprudence: Given that you consider jurists’ fatwas in support of natural resource preservation to be non-explicit or insufficient, what foundations and assumptions do you consider influential in this matter?

Borji: The influential foundations and assumptions in this approach of jurists to the issue of natural resources are the following:

• Prevalence of an individual jurisprudential approach over a social jurisprudence;

• Insufficient attention to the objectives of Sharia (maqasid al-shari’ah) in preserving natural resources;

• Insufficient attention to the principle of human stewardship/trusteeship on Earth. [6]

Contemporary Jurisprudence: Have propositions such as “lack of belief in intergenerational ownership of natural resources,” “insufficient familiarity with the important values and functions of natural resources,” “insufficient familiarity with the capital and security nature of natural resources,” and “an individualistic and atomistic approach to natural resources” been influential in the absence of explicit and serious fatwas by jurists on the necessity of preserving natural resources?

Borji: It appears that each of these propositions must be analyzed separately. For instance, regarding the issue of intergenerational ownership and jurists’ lack of attention to it, it must be said: This topic received less attention in traditional jurisprudence, but there is evidence for it in Quranic verses and narrations. For example, in the verse “There is no moving creature on earth but that its provision is upon Allah,” [7] and narrations regarding the public’s right to natural resources, [8] it has been pointed out.

Or regarding jurists’ lack of familiarity with the important values and functions of natural resources, it must be said: The reality is that early jurists, due to temporal conditions, lacked a complete understanding of the complex dimensions of the environment and natural resources, though they stated general principles for protecting these resources.

Contemporary Jurisprudence: What solutions and proposals do you offer for better protection of natural resources by the science of jurisprudence?

Borji: In this connection, the following solutions and proposals come to mind:

1. Compiling a Jurisprudence of Natural Resources with a Comprehensive Approach: In compiling this collection, it is necessary, firstly, to pay attention to the objectives of Sharia (maqasid al-shari’ah) in environmental protection, and secondly, expert opinions must be utilized when issuing fatwas. [9]

2. Strengthening the Social Approach in Deducing Rulings: In this regard, in addition to paying attention to public interests alongside individual rights, one must not neglect considering the rights of future generations regarding natural resources. [10]

3. Revising the Concept of Ownership of Natural Resources: It appears necessary to conduct a fundamental revision of the concept of ownership of natural resources. In this revision, emphasis must be placed on human trusteeship over natural resources rather than absolute ownership over these resources. Furthermore, the public’s right to exploit natural resources must be fully taken into account, and the exploitation of these resources must not be restricted to a specific group. [11]

4. Formulating Specific Jurisprudential Rules for Natural Resources: Formulating jurisprudential rules helps the jurisprudence of natural resources possess greater order and discipline. For instance, one could propose the rule of “preserving ecological balance” or the rule of “intergenerational responsibility.” [12]

5. Enhancing Jurists’ Awareness of Natural Resource Issues: A significant portion of jurisprudential problems and the non-issuance of effective fatwas regarding natural resources stems from jurists’ lack of precise awareness regarding issues associated with these resources and the consequences resulting from failing to preserve them. In this regard, it is necessary to hold specialized workshops and seriously engage with natural resource and environmental experts. [13]

In general, it can be stated: Islamic jurisprudence possesses rich capacities to protect natural resources, but it requires: 1. Contemporary rereading of sources, 2. Attention to the social dimensions of rulings, 3. Deeper understanding of environmental issues, and 4. Systematic formulation of the jurisprudence of natural resources.

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[1] Quran 5:33 (Al-Ma’idah).
[2] Wasa’il al-Shi’ah, Vol. 17, p. 153.
[3] Man La Yahduruhu al-Faqih, Vol. 1, p. 116.
[4] Al-Makasib (Sheikh Ansari), Vol. 3, p. 274.
[5] Usul al-Kafi, Vol. 5, p. 294.
[6] Quran 2:30 (Al-Baqarah).
[7] Quran 11:6 (Hud).
[8] Wasa’il al-Shi’ah, Vol. 25, p. 410.
[9] Motale’at-e Feqh-e Mo’aser (Contemporary Jurisprudence Studies), Ayatollah Ma’refat, Vol. 2, p. 187.
[10] Nizam-e Huquq-e Zist-Muhiti dar Islam (The System of Environmental Rights in Islam), Muhaqqiq Damad, p. 145.
[11] Fiqh al-Bi’ah, Yusuf al-Qaradawi, p. 234.
[12] Maqasid al-Shari’ah, Shatibi, Vol. 2, p. 320.
[13] Ijtihad dar Asr-e Hazir (Ijtihad in the Present Era), Mutahhari, p. 167.