Volume 13 - Special Issue on Human Rights and Citizenship Rights                   MLJ 2019, 13 - Special Issue on Human Rights and Citizenship Rights: 395-406 | Back to browse issues page

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Salehi Moghaddam A M, Bahraminezhad A, Darvisi Hoveyda Y. Explaining the Jurisprudential Principles (Practical Rules Guaranteeing) Human Interaction with the Environment in the Health of Society. MLJ 2019; 13 :395-406
URL: http://ijmedicallaw.ir/article-1-1255-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author)
Abstract:  
Background and Aim: A healthy environment for living is one of the divine blessings and one of the things that people pay attention to is the soul that is the source of human life; It is taken from a healthy environment, and a healthy environment requires constructive human interaction with them. Today, indiscriminate felling of trees and uncontrolled grazing, and destruction of the environment by humans are examples of this interaction, which unfortunately sees this balance upset. In the new age, God has created man free, but this right should not be in accordance with the rule of no harm, according to which Islam is opposed to harm, our aim in this study is to identify jurisprudential cases of respect for nature and constructive interaction with this divine blessing.
Materials and Methods: The present study is descriptive and analytical and has been compiled using a library source and using the method of taking notes from books, articles and dissertations.
Findings: The findings of this study show that the existing capacities in Islamic jurisprudence are such that verses and hadiths can be used to prove the human right to a healthy environment. In Islamic jurisprudence to use nature, as mentioned God created man free, but against this principle, there is also a harmless rule that warns against harming nature under any pretext, even citing the rule of domination.
Conclusion: The religion of Islam, as the most complete religion, has foreseen all human rules and has thought of measures regarding man's relationship with nature. Man is a part of nature on the earth and a member of the organs growing on the body of nature. Human harm to nature is no different from harming oneself. Therefore, in order to protect and enjoy one's personal interests, it should not lead to the destruction and harm of nature. In Islam, there are two types of primary and secondary rulings. No harm should be prevented by creating secondary rulings and guaranteeing jurisprudential rules.

Please cite this article as: Salehi Moghaddam AM, Bahraminezhad A, Darvisi Hoveyda Y. Explaining the Jurisprudential Principles (Practical Rules Guaranteeing) Human Interaction with the Environment in the Health of Society. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2019; 395-406.
Type of Study: Original Article |
Received: 2020/01/27 | Accepted: 2020/09/7

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