Islamic Policy of Environmental Conservation
Authors: ‘Arafa Mohamed A. 
Published: August 2022

Islamic Policy of Environmental Conservation: 1,500 Years Old – Yet
Thoroughly Modern

Any legal system plays a significant role in the principle underlying
its legal doctrines. The legal system works in compliance with, or as a consequence of cultural
order. In other words, any legal system is restricted to a certain environment and subject to
cultural impact. Culture and law operate in conjunction. Politics and economy are, among others, the
main disciplines affecting that legal system including environmental laws and natural resources. The
present article attempts a comparative analysis of three different legal systems and their
approaches to environmental law, contributing to the extensive literature on this area of law in
numerous areas of the world such as the United States, Europe, and the Middle East. However, that
literature appears to have had little coverage of the treatment of environmental law in Islamic law,
one of the three main global legal systems together with common and civil law. The bold spread of
Islamic tendency in the Middle East that followed the so-called “Arab Spring” assures
major changes in the political and economic sphere, including environmental and natural resource
levels. Environmental threats are very pressing all over the world, as the Earth needs to be
protected through the adoption of universally applicable legal rules and the right to a healthy
environment needs to be elaborated on in international instruments. It is very significant to
understand Islam's overall view of the universe to comprehend the gap between Islamic
theories and practices in Muslim countries. The universe is full of diversified creatures that aim
to fulfill man's needs and prove God's greatness. The Qur'an states:
“Have you not seen that God is glorified by all in the heavens and on earth, such as birds
with wings outspread? Each knows its worship and glorification, and God is aware of what they
do.”All creatures in the universe perform two specific roles: a religious role of evidencing
God's perfection and presence and a social role of serving man and other creatures. The final
outcome is the solidarity of the universe and the realization of its common good
(benefit).

Man's position in the universe is premised on two principles: the stewardship
of man which means that man is not only a creature but also God's khalifa (steward) on earth;
God is the only proprietor of earth; and man is a mere beneficiary, and man can exploit nature for
his/her and other creatures’ benefit without depleting it and the principle of trust that all
natural resources created by God are placed as a trust in man's hand and needs of coming
generations must be taken into consideration by man. Islamic environmental law uses a “duty
paradigm” in the sphere of the right to healthy environment, as human beings must not
destroy, deplete, or unwisely use natural resources but have an obligation to develop and enhance
natural resources. Any disturbance of God's equilibrium in the universe is a transgression
and athm (sin) against the divine system. Last but by no means least, Islamic law regards man as a
creature with elevated status. In Islamic environmental law, the human is not the owner of nature,
but a mere beneficiary. Islamic environmental safety is based upon the principle of
“use” without “abuse”. Environmental protection under the Islamic legal
scheme does not differ from any modern environmental legal system.