Rediscovery and Revival in Islamic Environmental Law: Back to the Future of Nature's Trust (ASCL Studies in Comparative Law)

The common ground between religions could be fruitfully promoted in order to call for an effective protection of the climate system. Positioned at a junction of different worlds, this book is a multidisciplinary work on Islamic law, common law and environmental law. Looking at the past, present and future, the author suggests a paradigm shift starting from the common ground in order to propose a better future for environmental law in Muslim countries. As the first book to compare Shari'a and common law in field of environmental protection, it suggests a new path in comparative environmental law by recognizing the contributions of both history and spirituality. "This book proposes to find solutions for the issue of non-enforcement of environmental law in Muslim countries by recommending the revival of Islamic environmental law through doctrines that parallel trusts in non-Islamic countries. While comparative law studies focus on the comparisons between the Trust and the Waqf, especially between the private Trusts and family Awqaf, they are not yet expanded to environmental law. Besides, even if scholars have been interested in the ecological potential of Islamic law, they did not explore the possible contribution of comparative law especially at the level of major legal systems. In fact, it is legitimate to ask if Islamic law is able to protect the climate system and whether the potential ecological tools of Islamic law are likely to evolve as those of the Common law to which they resemble. Indeed, the question that arises here is whether Islamic Environmental law, specifically instruments such as the Waqf or Hima, are able of experiencing the same evolution as the Trust in the field of Common law did? The book suggests some avenues for an Atmospheric Waqf Doctrine and for an Atmospheric Waqf Litigation"-- Provided by publisher Dedication 6 Epigraph 8 Contents 10 List of Figures 12 List of Tables 14 Preface 16 Acknowledgments 20 Glossary 22 List of Acronyms 24 1 Introductory Context and Issues 26 2 What Is “Islamic Environmental Law”? 56 3 The Dormancy of Islamic Environmental Law 79 4 A Fruitful Comparison with the Common Law 88 5 Potential for Growth of Islamic Environmental Law 111 Conclusion 166 Select Bibliography 172 Index 184 Intended for researchers, NGOs, decision-makers and lawyers in Muslim countries, this book concerns comparative environmental law, using a new approach. It provides insights and suggests solutions for the climate crisis, starting from the cultural grounds that have fallen into disuse.