Note: The jurisprudence of natural resources, although merely a jurisprudential chapter (bab) like other chapters of Contemporary Jurisprudence, possesses a level of importance and impact in people’s lives extending far beyond a single chapter. This very fact renders precise policy-making essential for optimal utilization of natural resources. But does the jurisprudence of natural resources play a role in policy-making surrounding natural resources? And if the answer is positive, how and within what scope is this role played? Dr. Abdul-Majid Moballeghi, faculty member at the Institute for Humanities and Cultural Studies, presents various perspectives regarding the impact of jurisprudence on policy-making. At the same time, however, he believes that it is policy-making that determines the path of the science of jurisprudence, not vice versa. The detailed exclusive interview of Contemporary Jurisprudence with this scholar of political thought is presented below:

Contemporary Jurisprudence: Is the discipline of jurisprudence fundamentally responsible for the category of policy-making, or is policy-making a multidisciplinary matter in which jurisprudence is considered one of the influential disciplines?

Moballeghi: In this field, two main perspectives can be proposed: first, the jurisprudence-centered view, and second, the multidisciplinary view regarding the influence of jurisprudence in the realm of policy-making.

In the jurisprudence-centered approach, jurisprudence is regarded as a policy-making discipline or as possessing a policy-making orientation. Accordingly, jurisprudence is responsible not only for regulating individual and devotional rulings, but is also viewed as a comprehensive framework for regulating social, economic, and political relations. From this perspective, policy-making and determining the relationship of jurisprudence with collective affairs form part of the domain of jurisprudence. Within this framework, jurisprudential rulings serve as the foundation for policy formulation and public policy-making.

This approach possesses various dimensions and facets. First, it is based on the notion of the comprehensiveness of jurisprudence—whether potentially (in the sense that we consider jurisprudence to possess comprehensive capacity) or actually (meaning we believe this capacity has been realized in jurisprudence). Behind this viewpoint, a historical tradition in Islamic civilization can be traced and examined.

Finally, the theory of Wilayat al-Faqih (Guardianship of the Islamic Jurist), especially in the later exposition of Imam Khomeini, represents one of the most important instances of this approach. This theory, proportionate to its time and context, introduced and explained jurisprudence in relation to policy-making, thereby establishing its position in public policy-making.

Contemporary Jurisprudence: Given that the discipline of jurisprudence directly addresses stating rulings on subject matters, whereas the discipline of policy-making seeks to create a specific path for resolving problems through other sciences, can it be said that policy-making determines the path of the science of jurisprudence, not vice versa?

Moballeghi: Jurisprudence is a normative and duty-oriented discipline, whereas policy-making is considered a managerial and process-oriented discipline. Jurisprudence elucidates Sharia rulings regarding various subject matters, determining what is obligatory (wajib), prohibited (haram), recommended (mustahabb), discouraged (makruh), or permissible (mubah). In this sense, jurisprudence as a science lacks executive tools, scientific analyses, and empirical data. These tools and data are situated prior to and subsequent to jurisprudence within the policy-making process.

Jurisprudence in the first stage is a normative and duty-centered discipline, whereas policy-making seeks to determine the optimal path for resolving public problems, including natural resource management. To accomplish this vital task, policy-making utilizes various disciplines such as economics, sociology, and management. Accordingly, it can be said that policy-making in many cases determines the path to applying jurisprudence, not vice versa; meaning that policy-making first identifies a problem and entrusts its resolution framework to jurisprudence and jurists. In fact, policy-making provides a specialized horizon based on situational understanding; then jurisprudence examines the rulings and duty-related issues associated with that domain and establishes its rulings.

For example, in the domain of natural resources, policy-making discerns that we face forest destruction, depletion of vital water resources, expansion of air pollution, loss of rangelands, and other environmental problems. It then utilizes scientific experiences to explain the hazards of these issues and propose solutions. At this stage, jurisprudence, utilizing rules such as the “No Harm” rule (Qa’idat La Darar), enacts related rulings and renders them binding.

Contemporary Jurisprudence: Considering Quranic verses and narrations, can macro, meso, or micro policies be extracted toward preserving natural resources?

Moballeghi: Considering Quranic verses and Islamic narrations, various policies can be formulated toward preserving natural resources. These policies can be categorized across three levels: macro, meso, and micro.

1. Macro Policies

At the macro level, one must attend to foundational principles introduced by Islam for preserving natural resources. Among these principles is the principle of trusteeship (amanat-dari); meaning God placed the earth and its resources as a trust (amanah) at human disposal. Verse 72 of Surah Al-Ahzab points to this principle: “Indeed, We offered the Trust to the heavens and the earth and the mountains, and they declined to bear it and feared it; but man undertook it. Indeed, he was unjust and ignorant.”

This verse demonstrates that utilization of natural resources must not be uncalculated or indiscriminate, for man is accountable for this divine trust.

Furthermore, Verse 56 of Surah Al-A’raf introduces the principle of non-corruption on earth: “And cause not corruption upon the earth after its reformation, and invoke Him in fear and aspiration. Indeed, the mercy of Allah is near to the doers of good.” Accordingly, any environmental destruction and elimination of natural resources represents an instance of corruption on earth (ifsad fi al-ard), which is strictly forbidden in Islam.

Likewise, Verse 31 of Surah Al-A’raf refers to the principle of justice, moderation, and balance in resource utilization: “And eat and drink, but be not excessive. Indeed, He likes not those who commit excess.” This principle emphasizes that indiscriminate consumption of resources runs contrary to Islamic teachings and is jurisprudence-wise objectionable.

2. Meso Policies

At the meso level, one must address further details regarding how natural resources are managed. Some of the most important meso policies include:

• A: Restriction on over-exploitation: Excessive exploitation of natural resources is a form of wastefulness (israf) and squandering divine blessings, which is jurisprudence-wise impermissible. To prove this topic, one can utilize the No Harm rule stating: “There shall be no harm and no harassment in Islam” (La darara wa la dirara fi al-Islam). From jurists’ perspective, any measures leading to irreversible destruction of natural resources must be restricted.

• B: Formulating Sharia laws for preserving natural resources: In this area, laws can be enacted that, aligned with Islamic principles, prevent improper exploitation of the environment. For example, prohibiting hunting under specific conditions is a Sharia ruling emphasized in the Quran. Verse 95 of Surah Al-Ma’idah refers to this topic: “O you who have believed, do not kill game while you are in the state of ihram…”

This ruling shows that one can utilize the model of hunting prohibition in Hajj to formulate similar laws toward preserving wildlife and natural resources.

3. Micro Policies

At the micro level, one must address more executive and practical methods. Examples of micro policies in natural resource protection include:

• A: Prohibition of water pollution: Based on the rule of “No Harm and No Harassment” and the principle of ritual purity and cleanliness in Islam, polluting waters and natural resources is religiously unacceptable.

• B: Obligating the Islamic state to intervene in preserving natural resources: In Islamic jurisprudence, a rule exists termed “disposal over subjects” (tasarruf ‘ala al-ra’iyyah), according to which the government is obligated to act in direction of public interest (masalih ‘ammah). This principle obligates the Islamic state to adopt policies preventing environmental degradation and preserving natural resources.

Contemporary Jurisprudence: What are the imperatives of optimal policy-making for preserving natural resources?

Moballeghi: One can speak of several imperatives in this field. Considering our discussion domain, Sharia imperatives comprise:

• The Principle of Trusteeship: Policy-making must ensure this trust is preserved for future generations.

• The Principle of Non-Corruption on Earth: Any policy-making leading to environmental degradation is undesirable.

• The Principle of Intergenerational Justice: Resource exploitation must ensure future generations’ rights are not squandered.

Legal Imperatives: Environmental policies must be formulated in the shape of approved, binding laws to achieve execution. For example, determining fines for individuals causing environmental pollution is one such legal requirement.

Scientific Imperatives: Utilizing modern global technologies, such as macro management of natural resources using satellite maps, artificial intelligence, and sustainable development, is among essential matters. Likewise, policies leading to natural resource expansion and public participation in their preservation hold special importance.

Cultural Imperatives: Education in schools and media plays an important role in raising public awareness. Ultimately, promoting a green lifestyle among members of society can represent an effective step toward preserving natural resources.

Contemporary Jurisprudence: What presuppositions and foundations influence optimal policy-making regarding the preservation and protection of natural resources?

Moballeghi: For optimal policy-making in preserving and protecting natural resources, paying attention to a set of presuppositions, philosophical, value, and scientific foundations is necessary. These foundations comprise theoretical and management assumptions based upon which effective policy-making can be formulated.

The first important foundation in this field is emphasizing the authenticity and dignity of nature within the system of creation. The Holy Quran in various verses has emphasized preserving and respecting nature and natural resources. God in the Quran introduces man as vicegerent of God (khalifat Allah) on earth, bearing responsibility for preserving these resources and their dignity. This responsibility signifies precision in utilizing natural resources so this divine trust is transmitted to subsequent generations. In this direction, intergenerational justice and the principle of social justice are also raised; meaning that natural resource usage must not benefit a specific group, but must be managed such that all members of society benefit from it and indiscriminate utilization does not occur.

Furthermore, correct policy-making regarding natural resources requires an intelligent management approach. Today, utilizing modern knowledge and new technologies in this area appears essential. Policies must rest upon science and advanced technologies to reduce negative environmental impacts and achieve sustainable development. Within this framework, policies must be designed such that natural resource exploitation aligns with scientific models and principles of sustainable development. This means exploitation must occur in a manner that not only fulfills current needs, but ensures the sustainability and health of these resources for future generations as well.

Ultimately, paying attention to these foundations and presuppositions in Contemporary Jurisprudence can assist in designing effective policies for preserving natural resources and the environment. These policies must attend to sustainable development on one hand and social justice on the other hand, such that natural resource exploitation benefits not only the present generation, but future generations as well.