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And
He has made the sun and the moon, constant in their courses, to
be of service unto you, and He has made of service unto you the
night and day. And He gives you all you seek ofHim: If you would
count the bounty of God, you could never reckon it.1 - and similar
verses in which God declares that He created His creations for the
children of Adam -it is well known that God in His great wisdom
has exalted purposes in them other than the service ofman, and greater
than the service of man. However, He makes clear to the children
of Adam what benefits there are in these creatures and what bounty
He has bestowed upon mankind."2
Vitally
important, as the social functions of all things are, the primary
function of all created beings as signs of their Creator constitutes
the most sound legal basis for conservation of the environment.
It is not possible to base the protection of our environment on
our need for its services alone since these services are but a supporting
value and reason.3 Because we cannot be aware of all the
beneficial functions of all things, to base our efforts at conservation
solely on the environmental benefits to man would lead inevitably
to distortion of the dynamic equilibrium set by God and misuse of
His creation, thereby impairing these same environmental benefits.
However, when we base the conservation and protection of the environment
on its value as the signs of its Creator, we cannot omit any thing,
for every element and species has its individual and unique role
to play in glorifying God, and in bringing man to know and understand
his Creator by showing him God's infinite power, wisdom, and mercy.
It is impossible to countenance the willful ruin and loss of any
of the basic elements and species of the creation, or to think that
the continued existence of the remainder is sufficient to lead us
to contemplate the glory, wisdom, and might of God in all the aspects
that are intended, because species differ in their special qualities,
and each evidences God's glory in ways unique to it alone.
Furthermore,
all human beings, and indeed livestock and wildlife as well, enjoy
the right to share in the resources of the earth. Man's abuse of
any resource is forbidden, and the best use of all resources, both
living and lifeless, is prescribed.
The
following is a discussion of the basic natural elements:
1.
Water
God
has made water the basis and origin oflife. God says, "We made
from water every living thing."4 Plants, animals,
and man all depend on water for their existence and for the continuation
of their lives. God has said, "Verily...in the rain that God
sends down ! from heaven, thereby giving life to the earth after
its death..."5 and He has said, "It is j He Who sends
down water from the sky; and thereby We have brought forth the plants
I of every kind."6 " And you see the earth
barren and lifeless, but when We pour down rain upon it, it stirs
and swells, and puts forth growth of every resplendent kind."7
and He has also said, " And We send down pure water from the
sky, thereby to bring to life a dead land and slake the thirst ofthatwhich
We have created-cattle and men in multitudes."8 "God
has called on man to appreciate the value of this so essential source
of life: "Have you seen the water which you drink? Was it you
who sent it down from the raincloud , or did We send it? Were it
Our will, We could have made it bitter; why then do you not give
thanks?"9 And He has reminded us, "Say: Have you
considered, ifyourwaterwere one morning to have seeped away, who
then could bring you clear-flowing water?"10
In
addition to this vital function, water has another socio-religious
function to perform which is purification of the body and clothing
from all dirt, impurities and defilement so that man may encounter
God clean and pure. God has said in the G lorious Qur'an, "
And He caused rain to descend on you from heaven to cleanse you
therewith"' God has also shown us other functions oflake, sea,
and ocean water. He has made it the habitat of many created beings
which play vital roles in the perpetuation oflife and the development
of this world. God has said, "It is He Who has made the sea
ofservice, that you may eat thereof flesh that is fresh and tender,
and that you may bring forth from it ornaments to wear, and you
see the ships therein that plough the waves, that you may seek of
His bounty ,"12 He also says, "Lawful to you is the pursuit
of water-game and its use for food a provision for you, and for
those who travel."13
There
is no doubt that conservation of this vital element is fundamental
to the preservation and continuation of life in its various forms,
plant, animal, and human. It is therefore obligatory , for in Islamic
law, whatever is indispensable to fulfil the imperative obligation
of preserving life is itself obligatory .Any action that obstructs
or impairs the biological and social functions of this element,
whether by destroying it or by polluting it with any substance that
would make it an unsuitable environment for living things or otherwise
impair its function as the basis of life; any such action necessarily
leads to the impairment or ruin of life itself, And the juristic
principle is,
"What leads to theprohibited is itself prohibited."
Owing
to the importance of water as the basis of life, God has made its
use the common right of all living beings and all human beings.
All are entitled to use it without monopoly, usurpation, despoilment,
wastage, or abuse. God commanded with regard to the people of Thamud
and their camel, " And tell them that the water shall be shared
between them,"14 and the Prophet, upon him be blessings and
peace, said, "Muslims are to share in these three things: water,
pasture, and fire,"15 Extravagance in using water is
forbidden; this applies to private use as well as public, and whether
the water is scarce or abundant. It is related that the Prophet,
upon him be blessings and peace, passed by his companion Sa'd, who
was washing for prayer, and said, "What is this wastage, O
Sa' d?" "Is there wastage even in washing for prayer?"
asked Sa' d; and he said, "Yes, even if you are by a flowing
river!"16
The
long experience ofMuslimjurists in the allocation ofwater rights
in arid lands has given rise to an outstanding example of the sustainable
use of a scarce resource; an example which is of increasing relevance
in a world where resources which were once abundant are becoming
progressively more scarce.
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