The Conflict Between the right to Healthy Environment and the Right to Development from the Perspective of Shari’a (Islamic Law)

Document Type : Original Article

10.22034/j.miu.2024.11400

Abstract

The conflict between the right to a healthy environment and the right to development is a significant environmental issue. Because on the one hand, development in its various dimensions is inevitable for human life, and on the other hand, development often leads to environmental degradation. To address this issue, the United Nations has introduced the concept of "sustainable development" in various international agreements, including the Stockholm and Rio Declarations. This principle aims to balance environmental protection with the needs of future generations. In this paper, by examining verses, narrations, Islamic Laws, and rational methods, we will explicate the Islamic perspective on the rights to the environment and development. We will demonstrate the inadequacies of the "principle of sustainable development" and prove that the true solution to the conflict between these two rights is Islamic justice-oriented development. The core elements of Islamic justice-oriented development include promoting the sacredness of the environment, environmental ethics, Islamic environmental law, and ensuring systemic, universal, intergenerational, and intragenerational justice.

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