Environmental Theology (Book)
| Environmental Theology (Book) | |
|---|---|
 | |
| Book Information | |
| Author | Sayyid Mostafa Mohaghegh Damad |
| Subject | Environmental Jurisprudence |
| Language | Persian |
| Pages | 265 |
| Publication Information | |
| Publisher | Iranian Institute of Philosophy |
- Abstract
Environmental Theology (الهیات محیط زیست) is a research work in the field of environmental jurisprudence that elucidates the connection among theological concepts, religious ethics, and jurisprudential maxims in confronting contemporary environmental issues and crises. In writing this book, Sayyid Mostafa Mohaghegh Damad, the author, has utilized philosophical, historical, religious, Quranic, and jurisprudential perspectives to evaluate the status of nature in the Islamic intellectual system and the moral duty of human beings towards it.
In the jurisprudential section of the book, by referring to jurisprudential principles and maxims such as the "Maxim of No Harm" (qa'idat la darar), "Maxim of Destruction" (itlaf), "Prohibition of Extravagance" (hurmat israf), "Preservation of the System" (hifz al-nizam), and "Civil Liability" (mas'uliyyat-i madani), the author examines the possibility of reinterpreting these concepts in the context of environmental preservation and discusses the capacity of Imami jurisprudence to formulate rulings governing the rights of nature and the duties of human beings towards it. Continuing this section, a set of proposals is presented for compiling "Environmental Jurisprudence" within the framework of Islamic jurisprudence; proposals that focus on the necessity of strengthening the moral and Sharia responsibility of human beings in protecting natural resources and preventing environmental damage, as well as the entry of religious institutions into the arena of education and the development of environmental culture.
Brief Overview and Structure
The book Environmental Theology, written by Sayyid Mostafa Mohaghegh Damad, is organized into eleven sections and examines the links between Islamic theology, religious ethics, and Islamic jurisprudence with contemporary environmental issues and challenges. The structure of the book is developed with philosophical, theological, historical, religious, Quranic, and jurisprudential approaches. This book was published in 2014 (1393 SH) by the Iranian Institute of Philosophy in 265 pages.
The philosophical sections of the book are dedicated to critiquing the modern anthropocentric view of nature and the desecration of the environment. In the religious and Quranic sections, the author provides a comparison among religions regarding their attitude towards the environment. By citing Quranic verses and monotheistic concepts, he considers nature a manifestation of divine signs and an arena for the realization of spirituality, and depicts the relationship between humans and nature based on duty and responsibility. In the environmental ethics section, the role of the human being as God's vicegerent (khalifah) on earth and the necessity of environmental education in religious and educational institutions are addressed, and in the historical section, the behavior of Iranian civilization towards nature is examined.
The tenth section of the book is dedicated to jurisprudential discussions and comprises approximately one-fourth of the work's volume. In this section, by citing jurisprudential maxims such as the Maxim of No Harm (la darar), destruction (itlaf), prohibition of extravagance (israf), preservation of the system (hifz al-nizam), and civil liability, the author assesses the feasibility of the foundations of environmental jurisprudence within Islamic jurisprudence and highlights the capacities of Imami jurisprudence in regulating rights and duties related to the environment. At the end of this section, proposals are presented for the formulation of "Environmental Jurisprudence" within the framework of Islamic jurisprudence and the development of the moral and Sharia responsibility of humans in preserving nature.
Nature as a Divine Sign and Word
In the fifth section of the book, entitled "The Quran's Perspective on the Environment," the author explores Quranic terms and concepts related to nature. This analysis is conducted by direct reference to Quranic verses, and examples of natural phenomena in Quranic oaths—such as the sun (shams), moon (qamar), star (najm), and mount (tur)—and terms like "the All-Encompassing" (Al-Muhit), "the Earth" (Al-Ard), "the Sky" (Al-Sama'), "the Mountains" (Al-Jibal), and "the Rivers" (Al-Anhar) are examined. Additionally, verses related to topics such as corruption on earth (fasad fi al-ard), human responsibility, and balance in creation are introduced as central elements of environmental theology.
Relying on mystical and philosophical exegeses, including the views of philosophers such as Mulla Sadra, Avicenna, al-Farabi, Allama Tabatabai, and William Chittick, the author demonstrates that nature in the Quranic perspective is not merely a physical or instrumental reality, but a sign (ayah) of the transcendent truth. This interpretation paves the way for the formation of a spiritual and responsible view of nature and provides a theoretical foundation for environmental jurisprudence and ethics in the Islamic tradition (pp. 87-123).
In the ninth section of the book, entitled "The Manifestation of God's Word in Nature," the author examines the divine attribute of "Speech" (takallum) and, based on Quranic verses and narrations, considers creatures and the entire universe to be manifestations of God's Word. By citing mystical and philosophical perspectives, he shows that in Mulla Sadra's intellectual system, the universe, encompassing both the horizons and the souls (afaq wa anfus), is the form and manifestation of the Exalted Truth (the emergence of a thing without an intermediary), not merely a symbol (an effect and intermediary for inferring the cause). This section provides an epistemological basis for understanding human interaction with nature as a divine text and, from this perspective, elucidates the philosophical and Quranic foundations of environmental responsibility (pp. 163-175).
Islam's Legal System Regarding the Environment
To elucidate the jurisprudential aspect of the environmental issue, Mohaghegh Damad addresses several matters in this regard; including the ownership of environmental resources, the Sharia limits of possessing/utilizing environmental resources, the jurisprudential rulings on environmental resources, and the Sharia liability (daman) for environmental damages.
Jurisprudential Ownership of Environmental Resources
Initially, the author explains the concept of ownership in Islamic jurisprudence and categorizes environmental resources into three categories: personal ownership, state ownership, and national ownership. Public wealth (anfal), as public (state) 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 transferable; rather, they must remain in the service of public interests; because, according to the explicit text of the Quran, *anfal* belong to God and the Messenger (s), and in the view of Islamic jurists, during the presence of the Infallible (Ma'sum), they are at his disposal, and during the Occultation (Ghaybah), they are at the disposal of the legitimate government (p. 182).
Sharia Limits of Authority in Utilizing Environmental Resources
Under the heading "Limits of Authority in Utilizing Environmental Resources," the author first addresses the rights and duties of management regarding public properties and emphasizes that legitimate management over these properties is not absolute and unrestrained (p. 183). According to Islamic jurisprudence, the government is obliged to prevent encroachment upon environmental resources and to permit their exploitation only within the framework of real needs and public interests (masalih 'umumiyyah); personal utilizations or unchecked transfers carried out without considering public interests lack Sharia legitimacy, and the responsibility for them, both from a Sharia and civil perspective, falls upon the sovereignty. Furthermore, forests and pastures are introduced as the most important instances of *anfal*, and the necessity of their preservation and protection is emphasized (p. 185). Likewise, seas, coasts, and public waters, similar to forests, are counted among public properties whose ownership rests with the Islamic government. Pointing to some Quranic verses, the author considers the pollution of water resources, encroachment upon the boundaries of seas, and unauthorized exploitation as clear instances of Sharia violation (p. 187).
By analyzing verses 204 to 206 of Surah al-Baqarah, particularly verse "And when he goes away, he strives throughout the land to cause corruption therein" (wa-idha tawalla sa'a fi al-ardi liyufsida fiha), he places destructive utilizations of environmental resources under the heading of "corruption on earth" and considers it forbidden by Sharia (p. 193). The author also addresses the preservation of environmental resources from the perspective of numerous narrations that emphasize the preservation of trees, avoidance of pollution, observance of animal rights, and the prohibition of destroying natural resources (p. 199).
Environmental Resources and Their Jurisprudential Rulings
Mohaghegh Damad places environmental resources into four categories and mentions their jurisprudential rulings.
- Earth and Soil: In Islamic jurisprudence, the earth is not only a place to live, but also a place of prostration (sujud) and a means of purification (taharah). Any pollution or destruction of the soil is forbidden from a Sharia perspective (p. 200).
- Air and Space: Air, as a public resource, is at the disposal of the government, and polluting it—through smoke, toxic gases, or harmful waves—entails Sharia liability (daman) (p. 205).
- Broadcasting harmful waves into space: The emission of harmful waves, such as radio or industrial waves, if it causes harm to humans or nature, is forbidden jurisprudentially (p. 212).
- Unrestrained sale of building density: Selling building density without considering the environmental capacity of cities is an instance of encroaching upon public rights and entails the Sharia responsibility of urban management (p. 212).
Environmental Damages and Their Sharia Liability
Under the heading "Environmental Damages," the author, while examining the history of the term "environmental damage" and raising the question of whether the victim of these damages is the human being or the environment itself, analyzes the legal perspectives in answering this question (p. 215). Then, he proceeds to elucidate the jurisprudential sources related to liability for environmental damages from the perspective of the Quran and the maxims of ownership and other jurisprudential maxims.
- The Quran and the Prohibition of Corruption and Destruction of the Earth
Numerous verses of the Quran, directly or indirectly, indicate the preservation of the natural environment and the prohibition of corruption on the earth, including instances such as the destruction or pollution of human and natural resources (p. 220). Using Quranic verses regarding the cultivation and development of the earth, and utilizing the rules of the principles of jurisprudence (usul al-fiqh), the author extracts from the verses the prescriptive rulings (ahkam taklifiyyah) of prohibition and liability regarding the corruption, destruction (itlaf), and ruin of earth's resources, presenting it as the jurisprudential documentation for prohibiting environmental destruction (p. 221).
Extravagance (israf), in the author's view, is also considered an instance of corruption and destruction. From the prescriptive ruling of the prohibition of extravagance, a declarative ruling (hukm wad'i) is inferred regarding civil responsibility and non-contractual liability (daman qahri); a responsibility whose scope encompasses not only private rights but also has a public dimension (p. 223). The author considers the destruction of environmental resources to be covered by the Maxim of Destruction (qa'idat al-itlaf) and views the liability arising from the ruin of *anfal* and public properties as definitive, even in cases where personal exploitation leads to damage to shared resources (p. 224).
By citing verses related to ingratitude for blessings (kufran al-ni'mah), which stand in opposition to faith and gratitude (shukr), the author introduces the correct utilization of natural resources as an instance of practical gratitude, and considers damaging them as a form of ingratitude for blessings that brings about divine punishment. He further explains the connection between ingratitude for blessings and various types of divine punishments (p. 226).
- Jurisprudential Maxims of Ownership and Destructive Actions
In this section, by citing the Jurisprudential maxim of dominion (al-nasu musallatuna 'ala amwalihim), the author enumerates three characteristics for ownership in Islamic jurisprudence: exclusivity, permanence, and absoluteness. In examining the third characteristic, namely "absoluteness" (itlaq), he raises this question: Can the absoluteness of an owner's authority over their property lead to actions that cause the destruction of the environment? (p. 230) In response to this question, emphasizing that the maxim of dominion is restricted by other jurisprudential principles, the author introduces the Maxim of No Harm (qa'idat la darar) as the main restrictor of this maxim. Based on this maxim, any proprietary action that causes harm to others or damage to public resources is forbidden jurisprudentially and entails Sharia liability (p. 230).
- The Maxim of the Obligation to Repel Probable Harm
In the discussion concerning the "Maxim of the obligation to repel probable harm" (qa'idat wujub daf' al-darar al-muhtamal), Mohaghegh Damad clarifies that this maxim is discussed in the principles of jurisprudence (usul al-fiqh), not in jurisprudence (fiqh) itself, and its documentation is based on rational standards, not transmitted evidence (adillah naqliyyah). He considers the substance of the maxim to pertain to the prescriptive ruling (hukm taklifi) and the obligation of precaution and prevention, not the declarative ruling (hukm wad'i) of liability (daman). Based on this maxim, even in cases where there is a rational probability of harm occurring to environmental resources, it necessitates the obligation of prevention and the prohibition of actions that might lead to destruction (p. 236).
Jurisprudential Conclusions and Proposals
At the end of the section on environmental jurisprudence, Mohaghegh Damad independently raises eleven jurisprudential issues and states the Sharia ruling for each case based on the maxims of Imami jurisprudence. Some of these issues include:
- The prohibition of high-rise construction in vulnerable climatic zones.
- The prohibition (hurmah) of excessive extraction of water from underground aquifers in arid regions.
- The prohibition of cutting down forest trees for the purpose of urban development.
- The prohibition of discharging sewage into natural water resources.
- The prohibition of using polluting vehicles.
- Sharia liability arising from noise and visual pollution.
- The obligation of the government's responsibility in preventing the destruction of natural resources.
- The prohibition of using environmentally damaging weapons in wartime conditions (pp. 231-241).
Subsequently, after summarizing and presenting a recap of the book's contents, emphasizing the cultural and religious responsibility of religious institutions, the author provides recommendations for the development of environmental jurisprudence. Among these recommendations are:
- Promoting public education regarding proper behavior towards nature by cultural institutions and religious authorities.
- Maintaining a multicultural approach and striving to achieve a global and international system of environmental ethics.
- Forming an association of scientists and representatives of various religions for the preservation of the environment, with a permanent secretariat.
- The necessity of formulating an Islamic worldview regarding nature and the natural sciences by utilizing all Islamic sources, from the Quran and Sunnah to traditional works on philosophy, theology, cosmology, and other sciences (pp. 243-249).