Sayyid Mostafa Mohaghegh Damad

Line 109:

== Fiqh of the Environment ==

Mohaghegh Damad classifies environmental resources into three categories: [[Private Ownership|privately owned]], [[State Ownership|state-owned]], and [[Public Property|public property]]. "Anfal," as public property, is at the disposal of the legitimate government and includes forests, seas, mountains, pastures, space, air, and other natural resources. These properties are neither subject to personal ownership nor alienation, rather, they must be used for public interests; because according to the explicit text of the Quran, Anfal belongs to God and the Prophet Muhammad, and according to Islamic jurists, it is at the disposal of the Infallible ~~during his presence~~, and ~~at the disposal~~ of the religiously legitimate government during the Age of Occultation.

Mohaghegh Damad classifies environmental resources into three categories: [[Private Ownership|privately owned]], [[State Ownership|state-owned]], and [[Public Property|public property]]. "Anfal," as public property, is at the disposal of the legitimate government and includes forests, seas, mountains, pastures, space, air, and other natural resources. These properties are neither subject to personal ownership nor alienation, rather, they must be used for public interests; because according to the explicit text of the Quran, Anfal belongs to God and the Prophet Muhammad, and according to Islamic jurists, it is at the disposal of the Infallible, if he is present, and of the religiously legitimate government during the Age of Occultation.

In explaining the [[~~Rule~~ of ~~Mastery|Rule of Mastery~~]] (Qa'idat al-Tasallut), he considers the absolute discretion of the owner to be conditioned by other Fiqhi rules such as the "[[~~Rule of~~ No-Harm|Rule ~~of No-Harm~~]]" (La Darar). In his view, any disposition that causes harm to others or damage to public resources is prohibited and results in Shari'ah liability (Daman). Within this framework, rules such as "No-Harm," "[[Rule of Destruction|Destruction]]" (Itlaf), and "[[Rule of Causation|Causation]]" (Tasbib) can serve as the basis for civil liability regarding environmental damages.<ref>Mohaghegh Damad, Theology of the Environment, pp. 182 and 230.</ref>

In explaining the [[rule of dominance]] (Qa'idat al-Tasallut), he considers the absolute discretion of the owner to be conditioned by other Fiqhi rules such as the "[[No-Harm Rule]]" (La Darar). In his view, any disposition that causes harm to others or damage to public resources is prohibited and results in Shari'ah liability (Daman). Within this framework, rules such as "No-Harm," "[[Rule of Destruction|Destruction]]" (Itlaf), and "[[Rule of Causation|Causation]]" (Tasbib) can serve as the basis for civil liability regarding environmental damages.<ref>Mohaghegh Damad, Theology of the Environment, pp. 182 and 230.</ref>

== Family Fiqh ==

@@ Line 109: / Line 109: @@
 == Fiqh of the Environment ==
-Mohaghegh Damad classifies environmental resources into three categories: [[Private Ownership|privately owned]], [[State Ownership|state-owned]], and [[Public Property|public property]]. "Anfal," as public property, is at the disposal of the legitimate government and includes forests, seas, mountains, pastures, space, air, and other natural resources. These properties are neither subject to personal ownership nor alienation, rather, they must be used for public interests; because according to the explicit text of the Quran, Anfal belongs to God and the Prophet Muhammad, and according to Islamic jurists, it is at the disposal of the Infallible during his presence, and at the disposal of the religiously legitimate government during the Age of Occultation.
+Mohaghegh Damad classifies environmental resources into three categories: [[Private Ownership|privately owned]], [[State Ownership|state-owned]], and [[Public Property|public property]]. "Anfal," as public property, is at the disposal of the legitimate government and includes forests, seas, mountains, pastures, space, air, and other natural resources. These properties are neither subject to personal ownership nor alienation, rather, they must be used for public interests; because according to the explicit text of the Quran, Anfal belongs to God and the Prophet Muhammad, and according to Islamic jurists, it is at the disposal of the Infallible, if he is present, and of the religiously legitimate government during the Age of Occultation.
-In explaining the [[Rule of Mastery|Rule of Mastery]] (Qa'idat al-Tasallut), he considers the absolute discretion of the owner to be conditioned by other Fiqhi rules such as the "[[Rule of No-Harm|Rule of No-Harm]]" (La Darar). In his view, any disposition that causes harm to others or damage to public resources is prohibited and results in Shari'ah liability (Daman). Within this framework, rules such as "No-Harm," "[[Rule of Destruction|Destruction]]" (Itlaf), and "[[Rule of Causation|Causation]]" (Tasbib) can serve as the basis for civil liability regarding environmental damages.<ref>Mohaghegh Damad, Theology of the Environment, pp. 182 and 230.</ref>
+In explaining the [[rule of dominance]] (Qa'idat al-Tasallut), he considers the absolute discretion of the owner to be conditioned by other Fiqhi rules such as the "[[No-Harm Rule]]" (La Darar). In his view, any disposition that causes harm to others or damage to public resources is prohibited and results in Shari'ah liability (Daman). Within this framework, rules such as "No-Harm," "[[Rule of Destruction|Destruction]]" (Itlaf), and "[[Rule of Causation|Causation]]" (Tasbib) can serve as the basis for civil liability regarding environmental damages.<ref>Mohaghegh Damad, Theology of the Environment, pp. 182 and 230.</ref>
 == Family Fiqh ==

Sayyid Mostafa Mohaghegh Damad: Difference between revisions