Fiqh Must Regard Nature as a Living Entity

Note: One significant grievance expressed in recent years by advocates of natural resources against the jurisprudential community is the absence of explicit rulings (fatwas) regarding the necessity of preserving and protecting natural resources and confronting their destruction. But has the discipline of fiqh truly demonstrated negligence and indifference in supporting natural resources, or have the existing rulings within the jurisprudential heritage simply not been carefully examined? And fundamentally, what forms of support can the discipline of fiqh provide for natural resources? On this subject, we spoke with Hujjat al-Islam wal-Muslimin Sayyid Hamid Joshaqani, Secretary of the “Fiqh of Environment and Natural Resources” Group at the Contemporary Fiqh Research Institute. He holds the view that fiqh must, in accordance with Qur’anic teachings, regard nature as a living entity and organize its jurisprudential propositions on the basis of this approach. At the same time, he states explicitly that no fatwa has ever been found that entails jurists’ failure to support natural resources. The detailed exclusive interview conducted by Contemporary Fiqh with this professor and researcher of the Qom Seminary follows below:

Contemporary Fiqh: How do you assess the fatwas issued by jurists in support of preserving natural resources?

Joshaqani: Broadly speaking, Islamic teachings are grounded in the view that the natural world is part of divine creation, and that human beings bear the responsibility to deal with it justly, moderately, and without extravagance, and to refrain from any corruption or destruction that would harm themselves or others. Accordingly, it can be said that the fatwas and views of jurists concerning the protection of natural resources and the environment rest upon the following principles:

The role of humanity as vicegerent and steward: Islam positions humanity not as an absolute owner, but as a vicegerent (khalifah) and steward. This role entails responsibility toward natural resources and the environment.

The severe prohibition of extravagance (israf) and squandering (tabdhir): Islamic teachings prohibit even extravagance and squandering in the use of resources, which underscores the importance of preserving resources even in times of abundance. The Qur’an refers to those who commit extravagance as “brothers of the devils”—an extremely forceful statement against reckless and wasteful consumption.

The prohibition of corruption on land and sea: Verses of the Holy Qur’an refer to the prohibition of corruption on earth and to the appearance of corruption on land and sea as a result of people’s deeds. This corruption also encompasses environmental destruction.

The principle of moderation in exploitation: The recommended approach to resource management is the observance of moderation, such that neither extravagance nor miserliness is practiced.

The prohibition of causing harm to others: The misuse of resources (such as the reckless consumption of water) in a manner that harms others is forbidden (haram).

Qualitative and quantitative management of public resource use in the interest of the common good: Natural resources such as mines, seas, and forests must be managed in an Islamic and prudent manner that benefits everyone and does not harm society.

The necessity of environmental protection even under exceptional circumstances: This includes the prohibition against uprooting trees during wartime, poisoning water sources, and setting fire to trees and fields, except under conditions of absolute necessity.

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

Joshaqani: The relationship between the crisis of natural resource depletion and jurists’ fatwas can be examined from several angles:

Islam’s view of natural resources and their management: Islamic texts emphasize moderation in the use of natural resources and strongly prohibit extravagance and excess. This demonstrates the importance of preserving resources even in conditions of abundance. God has appointed humanity as His vicegerent on earth and has granted human beings dominion over rivers, land, and skies in order to seek their sustenance. This reflects humanity’s responsibility and stewardship over the natural world. For example, digging an irrigation canal that draws excessive water from a shared source and thereby harms other farmlands is forbidden (haram); hence, there is no ambiguity from this angle.

From the angle of jurists and fatwas: Jurists’ fatwas (religious rulings) are derived on the basis of the Qur’an and the Sunnah of the Prophet (peace be upon him). Jurists bear the responsibility of observing Islamic law and issuing fatwas consistent with divine teachings. The jurist (faqih), as the general deputy of the Imam of the Age (may God hasten his reappearance), is responsible for overseeing the affairs of the Islamic world and defending Muslim lands—a responsibility that may well encompass resource management. The jurist may oversee the extraction of minerals from lawfully acquired or conquered lands (aradi maftouheh anwatan) and direct their use toward the interests of Muslims.

The relationship between the natural resource crisis and fatwas: The crisis of natural resource depletion arises from practices such as extravagance, reckless consumption, and harmful exploitation—practices that stand in direct conflict with the Islamic principles of moderation, avoidance of extravagance and corruption, and the safeguarding of equitable interests while preventing harm to society. Jurists, in their role as guides for society based on Islamic law, are obligated to issue fatwas that reinforce these principles, condemn wasteful and harmful practices, and provide guidance for sustainable and equitable management in the face of the resource depletion crisis. Therefore, jurists’ fatwas—provided they are correctly derived from Islamic sources—can play a significant role in confronting the crisis of natural resource depletion.

Issuing a fatwa based on personal opinion and preference is not only invalid but may also serve the personal interest of the one issuing it—yet this is illegitimate. The texts generally characterize the issuance of baseless fatwas as leading to ruin or corruption. Nevertheless, within the jurisprudential heritage, no explicit fatwa or statement has been established demonstrating that a specific ruling directly resulted in the destruction of natural resources or the environment in any particular location.

Contemporary Fiqh: If you consider jurists’ fatwas in support of preserving natural resources to be non-explicit or insufficient, what underlying premises and presuppositions do you believe have contributed to this?

Joshaqani: The aim of Islam is the establishment of the supreme values of justice and fairness, and the elimination of factors of decline and backwardness—such as injustice, oppression, and deception—in order to create a secure and untroubled environment. The Qur’an, too, explicitly confronts corruption on earth, which includes environmental destruction. Likewise, numerous hadiths refer, directly or indirectly, to the importance of safeguarding the environment. The Islamic perspective regards humanity as a vicegerent (a responsible guardian) over creation, not as a sovereign ruler, and does not permit the reckless use of resources and the environment. Islamic law has been formulated with due regard for the laws of nature, and its aim is to promote harmony and balance between humanity and the natural world. Regarding the role of jurists, their responsibility is to implement the laws of Islam based on the Qur’an and the Sunnah of the Prophet, and they must base their fatwas upon these sources. Perhaps it can be said that in the present era—given the growth of technology and its accelerating pace in the exploitation of natural resources and the environment, along with the critical conditions facing the environment—certain premises, such as approaching such issues from the perspective of governmental fiqh and collective and societal interests, as well as the perspective of intergenerational justice, have acquired greater significance than in previous periods.

Contemporary Fiqh: Have propositions such as “the absence of any doctrine of intergenerational ownership of natural resources,” “insufficient familiarity with the important values and functions of natural resources,” “insufficient familiarity with the capital-based and security-related nature of natural resources,” and “an individualistic and partial approach toward natural resources” contributed to the absence of explicit and serious fatwas by jurists concerning the necessity of preserving natural resources?

Joshaqani: Several factors may contribute to the absence of explicit and definitive fatwas by jurists regarding the necessity of preserving natural resources. While religious texts clearly point to the importance of preserving resources, avoiding extravagance and corruption on earth, and humanity’s responsibility as guardian of nature, the process of issuing fatwas involves considerations and difficulties that can affect the manner and explicitness of rulings. The most significant factors influencing this issue, as can be inferred from the texts, are as follows:

1. The complexity and heavy responsibility of issuing fatwas: The texts regard the issuance of a fatwa as tantamount to signing on God’s behalf. Severe warnings have been articulated regarding the issuance of fatwas without sufficient knowledge—including the curse of the angels and the burden of the sins of those who act upon such a fatwa. This weight of responsibility can induce considerable caution among jurists, particularly in newly emerging and complex matters that require the adaptation of general principles to new circumstances.

2. The necessity of specialized and in-depth knowledge: Issues related to the preservation of natural resources are often intertwined with modern sciences such as ecology, resource management, and economics. The need to integrate religious knowledge with up-to-date specialized knowledge in the field of the environment can make the process of issuing definitive and detailed fatwas more difficult.

3. The challenge of precisely defining terms within a modern context: Without proper subject-identification (mawdu’-shenasi) and clear definition, a ruling becomes meaningless. Concepts related to the preservation of natural resources and extravagance on an industrial and global scale may require precise new definitions, and reconciling these with traditional jurisprudential frameworks can prove challenging.

4. The influence of economic and political conditions: The economic and political circumstances of Muslim-majority countries—particularly developing countries—have made environmental protection extremely difficult in the face of new socio-economic structures (such as war). Issuing fatwas that carry significant economic or social consequences may require deeper examination and greater caution. Ultimately, although the general principles of Islam emphasize environmental stewardship and the avoidance of corruption, the inherent difficulties of the process of ijtihad, the need for extensive and precise knowledge, the weighty consequences of error, and the complexity of reconciling principles with new and global issues—such as the preservation of natural resources—may all be factors contributing to the absence of explicit and definitive fatwas in the number and scope expected in this domain.

Contemporary Fiqh: What solutions and recommendations do you have for enabling the discipline of fiqh to better support natural resources?

Joshaqani: For the discipline of fiqh to better support natural resources, there exist solutions and recommendations grounded in Islamic teachings, which can be summarized in the following principles and approaches:

1. Moderation in resource management: The recommended approach to resource management is the practice of moderation—meaning the avoidance of both extravagance (israf) and miserliness (bukhl). This approach is pleasing to God and is encouraged within Islamic teachings. Proper management leads to the preservation and increase of blessings.

2. Harmony and balance with nature: Islamic laws take into account the welfare and dignity of all living creatures, including animals, and prescribe laws requiring that they be treated in accordance with the principles of kindness, compassion, and justice.

3. The role of responsible stewardship (khilafah): The Qur’an articulates humanity’s role as vicegerent, meaning the bearing of responsible stewardship over creation—not absolute dominion.

4. Avoidance of extravagance and excessive consumerism: The Qur’an explicitly instructs us not to engage in extravagance, referring to those who do so as “brothers of the devils”—an extremely forceful statement indicating that excessive consumerism constitutes a form of evil or deviation.

5. Just and wise management of resources: Natural resources such as mines, seas, and forests must be managed in a wise and Islamic manner, with the acknowledgment that they belong to everyone and that all people possess an equal right to benefit from them.

6. Avoidance of causing harm and corruption on earth: Under Islamic law, using resources in a manner that causes harm to others (such as wasting shared water) is forbidden (haram). This principle accords with the rule of “la darar wa la dirar” (there shall be neither harm nor reciprocal harm).

7. Prevention of the concentration of wealth and resources: According to the Islamic economic system, resources and wealth should not be concentrated in the hands of a wealthy few but must instead be distributed justly and equitably, in accordance with the injunctions of the Qur’an and the Sunnah of the Prophet, so that they may serve as a means of guidance and reward.

8. Regarding nature as part of a living and conscious creation: In contrast to the prevailing view within the Industrial Revolution and capitalism, which regards nature as a lifeless resource for humanity’s unlimited use, the Qur’an regards the natural world as conscious and as part of a greater whole that glorifies God. This holistic perspective can lead to a better approach in dealing with the environment.

9. The role of the jurist in overseeing exploitation: The jurist (mujtahid) may oversee the process of resource extraction (such as mining) and direct it toward the benefit of Muslims while accounting for costs. In such cases, those undertaking extraction are obligated to observe the jurist’s determination.