Abstract
This article examines the emerging environmental discourse in contemporary ShÄ«Ê¿Ä« Islam, analysing works across traditional fiqh (Islamic jurisprudence), environmental jurisprudence (fiqh al-bīʾa), and environmental theology. It traces the evolution of ShÄ«Ê¿Ä« approaches to the environment from conventional juristic rulings to more holistic frameworks integrating philosophy, ethics, and scientific knowledge. The study analyses works by Muḥammad BÄqir al-á¹¢adr (d. 1980), Luá¹f AllÄh á¹¢ÄfÄ« GulpÄygÄnÄ« (d. 2022), Äyat AllÄh Muḥammad al-ḤusaynÄ« al-ShÄ«rÄzÄ« (d. 2001), Sayyid Ḥusayn Aḥmad al-Khishn (b. 1966), and Äyat AllÄh Muá¹£á¹afÄ Muá¹£á¹afÄ Muḥaqqiq DÄmÄd (b. 1945), examining the evolving relationship between fiqh and akhlÄq (ethics) in ShÄ«Ê¿Ä« environmental discourse. It is argued that in its recent developments, a distinctive ShÄ«Ê¿Ä« contribution to Islamic environmental thought is characterised by a transformative shift towards an interdisciplinary understanding of environmental problems by combining juristic, philosophical, and theological perspectives â deeply embedded in the ShÄ«Ê¿Ä« tradition. The article concludes by assessing the potential of this emerging discourse in relation to ShÄ«Ê¿Ä« communities and for Islamic approaches to environmental ethics.
1 Introduction
The concept of human stewardship over the earth, implying a moral imperative for environmental preservation, is widely embraced across religious and philosophical traditions. Recently, religious leaders and organisations have increasingly framed environmental issues as moral and spiritual imperatives, as evidenced by Pope Francisâ (b. 1936) encyclical Laudato Siâ (2015) and the Islamic Declaration on Global Climate Change (IFEES 2020). This article argues that environmental ethics has become part of the religious economy in a broader sense, beyond the original meaning of the term relating economic activities to religious principles. The term âreligious moral economyâ here refers to the way in which any religiously approved or recommended action connected to the economy â environmental resource management and resource protection included â reflects and embodies religious values, manifesting the integration of religious principles with broader societal concerns (Goodman 2004; Trentmann 2007; Berndt and Boeckler 2011; Wheeler 2014; 2017).1
Integrating the role and significance of environmental ethics within the moral framework of a particular belief system raises key questions. Firstly, it involves determining whether the actions of believers that have an impact on the environment should be evaluated based on ethical principles. Secondly, it necessitates examining whether these actions are considered an integral part of religious practice and rituals, or reflected in them. Lastly, in the specific context of Islam, it raises the question of whether the assessment of these environmentally impactful actions should fall under the control of Sharīʿa.
Contemporary environmental challenges in the ShÄ«Ê¿Ä« world provide stark examples of where traditional jurisprudential approaches prove insufficient. Major ecological crises like the environmental catastrophe in Iraqâs Mesopotamian Marshes (AhwÄr al-Ê¿IrÄq), the desiccation of Lake Urmia in Iran, and the emerging challenge of âwater bankruptcyâ affecting minority populations (Hassaniyan 2024) demonstrate the need for more comprehensive frameworks that integrate scientific, social, and religious perspectives and address both ecological and social justice dimensions of environmental issues.
This article demonstrates how recent ShÄ«Ê¿Ä« environmental discourse has evolved beyond traditional jurisprudential frameworks toward an interdisciplinary synthesis. The discourse departs from its traditional legal frameworks â illustrated by Muḥammad BÄqir al-á¹¢adrâs (d. 1980) fatwÄs in this analysis â toward a focused environmental compendium attributed to Luá¹f AllÄh á¹¢ÄfÄ« GulpÄygÄnÄ« (d. 2022), as well as to more synthesising methodologies developed by Äyat AllÄh Muḥammad al-ḤusaynÄ« al-ShÄ«rÄzÄ« (d. 2001), Sayyid Ḥusayn Aḥmad al-Khishn (b. 1966), and Äyat AllÄh Muá¹£á¹afÄ Muḥaqqiq DÄmÄd (b. 1945), who integrated philosophy, theology, and jurisprudence. This synthesis has produced specialised fields: environmental jurisprudence (fiqh al-bīʾa) and ecotheology (ilÄhiyyÄt muḥīṠzÄ«st) that apply multiple interpretive frameworks to emerging ethical issues. These developments reflect broader currents in ShÄ«Ê¿Ä« thought â while traditional fiqh operates within defined methodological boundaries, other Islamic disciplines like uṣūl al-fiqh, theology, and philosophy have historically embraced synthesis.2 The emergence of fiqh al-bīʾa and ilÄhiyyÄt muḥīṠzÄ«st provides potential theoretical foundations for both transformative shifts in environmental consciousness and comprehensive legislative frameworks. However, substantial scholarly work remains necessary to fully develop these emerging fields into practical jurisprudential and theological systems capable of addressing contemporary environmental challenges.
1.1 Muslim Thinkers on the Environmental Crisis: Traditions and Innovations
Based on a review of specialised secondary literature written by mostly SunnÄ« Muslim scholars regarding the perception of environmental challenges in Islamic thought, three perspectives are identified here: the âeco-theological,â the âcontextual,â and the âjurisprudential.â The principle of differentiation is the manner in which each perspective interprets and defines the scope of Islamic principles in their evaluation of contemporary Muslim environmental thought and action concerning their actualities and their potentials. These categories are not mutually exclusive; most works span multiple classifications. The categorisation primarily serves to emphasise the dominant approach in each respective work.
The âeco-theologicalâ approach, exemplified in the works of Iranian- American philosopher Seyyed Hossein Nasr (1968), Mawil Izzi Dien (2002), Fazlun Khalid (2010), Ibrahim Ãzdemir (2003), and Ibrahim Abdul-Matin (2012) â among others â, emphasises the inherent ecological wisdom in Islamic scriptures and traditional practices. These scholars critique the Western environmental paradigm and call for a revival of Islamic eco-ethics â rooted in the QurʾÄnâs depiction of nature as signs of God (Adebayo 2012; Kamali 2012; Tohidnia et al. 2019). This approach emphasises the validity of early Islamic ecological and conservation practices and principles like the inviolate zones of ḥarÄ«m and ḥimÄ reserves (Marsuki 2009) to address the spiritual and civilisational roots of the ecological crisis with adequate emphasis on global justice and equity (Ammar 2003; Khan and Haneef 2022). Critical voices like Kaveh Afrasiabi call for a reinterpretation of traditional cosmology to develop actionable guidelines, advocating for a non-objectifying view of nature and a nuanced understanding of human stewardship (Afrasiabi 2003). The eco-theological approach posits that the major Islamic disciplines â Ê¿aqÄ«da (doctrine), SharÄ«Ê¿a (sacred law), and akhlÄq (ethics) â are fundamentally interconnected aspects of a unified knowledge system. None of these disciplines can be fully understood or studied in isolation from the others. Izzi Dien argues that Islamic ethics is not a collection of disparate virtues, but rather an integral part of a holistic lifestyle that guides and regulates all human activities (Izzi Dien 1990, 192).
The âcontextual approachâ stresses the need for culturally appropriate and locally-grounded environmental solutions that consider the diverse realities of Muslim communities. Studies in this area focus on the application of Islamic environmental principles in various sectors, such as education (Mohamed 2014), finance (Rizk 2014; Obaidullah 2017), conservation (Ahmad 2019; Ikram et al. 2023), and activism (Khalid 2005; Mangunjaya et al. 2010; Mostafa 2017; Kolkailah 2023), as well as highlight the potential of integrating vernacular practices with modern technological approaches (Rahimian et al. 2012). Munjed Murad argues for integrating Islamic teachings with local traditions emphasising the importance of ârootednessâ in sacred tradition and responsiveness to contemporary challenges (Murad 2023). A recent, comprehensive volume Climate Change Law and Policy in the Middle East and North Africa Region (Olawuyi 2021) contains chapters that delve into national legislative, economic and political answers while others shed light on the potential role of Islamic jurisprudence in a local context. This approach continually produces fresh research on local practices, primarily from a social anthropological perspective. The systematic study of the interaction between local practices and religious â theological and legal â principles encourages further research in this area. This would also help to understand the extent to which social and religious power structures are partners in bringing the concepts of ecocide and greenwashing, and their link to the quality of life of the entire creation into the political and public discourse in the Muslim world. In other words, in what ways and to what extent are theoretical statements translated into practice?
The main points of emphasis for the âjurisprudential approachâ are the potential and possibilities for creating an extensive, detailed environmental fiqh that may instruct and direct the public and policymaking. One of the first publications in 1993 addressing the viability of the Islamic environmental paradigm with actually applying SharÄ«Ê¿a to the planning and management of natural resources was written by Safei-Eldin Hamed (1993). Mustafa Abu-Sway in his 1998 Belfast lecture asserted âonce this subject is accepted as part of jurisprudence, it becomes, relatively speaking, easier to include as an integral part of the books of Fiqh, and in school curriculaâ (Abu-Sway 1998). Othman Llewellyn presented a distinction between the creation of environmental law and other domains governed by fiqh, asserting that âijtihÄd attempts made by jurists with no practical experience in environmental matters are irrelevantâ (Llewellyn 2003). In his article âPrinciples of Environmental Law in Islam,â Sayed Sikandar Shah Haneef used jurisprudential methods to address environmental challenges, going beyond guiding principles to define some obligations and responsibilities for the public and policymakers (Haneef 2002). Other scholars explore the connection between environmental issues and religious-legal opinions (fatwÄs) and sermons (khuá¹bas) in specific local contexts (Ramlan 2019). Samira Idllalèneâs book on the âatmospheric waqfâ paradigm proposes an innovative legal approach to promote environmental protection as a religious obligation, treating the atmosphere as a sacred trust and utilising waqf institutions as an implementation mechanism (Idllalène 2021).
1.2 In Search for a Typology
Works in the context of Islamic environmental ethics endeavour to interpret Islamic morals â based on scriptural foundations â and adjust it to the requirements of modernity while maintaining a consistently Islamic position in the comparative religious sphere. These scholarly works, regardless of whether they are religious, legalistic, or specialised scientific (agricultural, architectural, medical, etc.) in nature, usually aim to delineate a comprehensive system of values and duties. They attempt to redefine Islamic ethical terminology in order to reinvigorate its potential and present it as a motivating force for social development in several areas, among them human dealings with the environment or non-human creation. This section examines different typologies within Islamic environmental ethics, exploring how traditional Islamic concepts are being reimagined to create frameworks that respond to current environmental crises while maintaining authentic Islamic perspectives.
1.2.1 The Legal Dimension of Ethics
In Islamic tradition, the concept of ethics is typically referred to as akhlÄq or Ê¿ilm al-akhlÄq (Fakhry 1991, 85â86). It occupies a central position in Islamic teachings, intricately connected with Ê¿aqÄ«da and SharÄ«Ê¿a (Hourani 1976, 69). This tripartite structure of Islamic knowledge demonstrates a profound interconnectedness, as previously noted in the discussion of eco-theological approaches. A significant number of works in the akhlÄq genre3 elaborate on obligations and practical ethics, outlining various moral and religious duties that Muslims should follow to achieve happiness and spiritual fulfilment. The incorporation of Greek philosophy and the Aristotelian virtue ethics into Islamic ethical thought â starting from AbÅ« Ê¿AlÄ« Aḥmad ibn Muḥammad ibn YaÊ¿qÅ«b Miskawayh (d. 421/1030) â has been extensive. These works â were meant to guide readers toward righteous behaviour and fulfilling their religious and moral obligations without applying the rigorous methodologies of fiqh to ethical issues (Bucar 2018).
In a recent discussion, the Iranian Äyat AllÄh Muḥsin ÄrÄkÄ« (b. 1955) and Äyat AllÄh Ê¿AlÄ« Riá¸Ä AÊ¿rÄfÄ« (b. 1956) conversed about the relationship between Islamic jurisprudence (fiqh) and ethics (akhlÄq).4 The speakers implied a two-way relationship where fiqh informs ethics and ethical considerations inform jurisprudential rulings, and proposed using traditional fiqh concepts and methodologies to systematise Islamic ethics, to derive and validate ethical principles. The concept of ḥujjiyya (authoritativeness) is applied to ethical judgments, arguing that they should have the same level of authoritativeness as legal rulings. The speakers propose developing similar principles for deriving ethical rulings, implying that it is the method of jurisprudential rigour (al-adilla al-arbaÊ¿a â the four sources of uṣūl al-fiqh) that gives weight to the ethical discourse. Despite the implicit abolition of the separation of the roles of ethical and legal discourses, this argument raises awareness of the problem of the actual weight or authoritative capacity of ethical discourse.
When analysing works on Islamic environmental ethics, it is crucial to consider their intended audience and purpose by seeking responses to the following questions: are these studies primarily aimed at demonstrating the coherent and competitive environmental narrative of Islam? Do they target policymakers or seek to motivate the general public to consider the environmental impact of their actions? Can they serve as political statements, attributing blame for the looming climate catastrophe to the West, contrasting it to the harmony-seeking practices of traditional Islamic culture? These questions highlight the value of exploring what lends weight to the growing body of literature on environmental ethics in the eyes of the Muslim public. To these further questions may be added: do these works need to engage with jurisprudential (fiqh) discourse? Or should they â based on the distinction between SharÄ«Ê¿a and fiqh â rather connect with the ideal of SharÄ«Ê¿a â the immutable, normative, âidealâ Islam comprising sacred and unchanging truths â while consciously and critically reflect on existing rulings in fiqh, or substantive law?5
1.2.2 The Ethical Dimension of Fiqh
The relationship between Islamic jurisprudence and ethics is receiving increased attention in both Sunnī and Shīʿī scholarship,6 driven by modern challenges like environmental and bioethical issues that require balancing legal and ethical considerations. Integrating ethics into fiqh may bridge gaps between Islamic schools and secular frameworks, though approaches to this integration vary significantly. In this regard, I differentiate the following three approaches in the Shīʿī realm.
The first is the âexplanatory approachâ represented by Muḥammad á¹¢Ädiq al-á¹¢adrâs (d. 1999) Fiqh al-AkhlÄq (âJurisprudence of Ethics,â 1998) that combines traditional fiqh with ethical and spiritual considerations in an effort to present Islamic jurisprudence as a consistent ethical system. It maintains the structure of traditional fiqh volumes but infuses ethical and spiritual dimensions into each topic aiming at demonstrating the relevance and rationality of Islamic law in modern contexts. Al-á¹¢adr engages with contemporary challenges, as seen in sections discussing objections to religious concepts to address criticisms or misconceptions about Islamic practices, which gives an apologetic undertone to his argument.
The second is the âexpansive approachâ well demonstrated by the discussion mentioned above between Äyat AllÄh AÊ¿rÄfÄ« and Äyat AllÄh ÄrÄkÄ«. This approach suggests systematically expanding fiqh to encompass ethical and educational matters more comprehensively. Äyat AllÄh ÄrÄkÄ« emphasises that fiqh provides the framework for proper actions, which in turn shape oneâs character (akhlÄq). He suggests extending the al-aḥkÄm al-khamsa (the five-fold categorisation of actions) to character traits and their acquisition or avoidance, linking ethical development to jurisprudential categories. In his train of thought nawÄfil (supererogatory acts) are presented as key to ethical and spiritual growth, fiqh al-Ê¿ibÄdÄt (jurisprudence of worship) is linked to character development, while fiqh al-muÊ¿ÄmalÄt (jurisprudence of transactions) is extended to cover ethical aspects of social interactions, not just legal aspects in a narrow sense. Äyat AllÄh AÊ¿rÄfÄ« argues for expanding fiqh to include more ethical considerations, proposing new branches what he terms in Persian as fiqh á¹£ifÄt (jurisprudence of traits) and fiqh rawÄbiá¹a Ê¿Ämm ijtimÄÊ¿Ä« (jurisprudence of social relations) (MajmaÊ¿ Ê¿ÄlÄ« Ḥikmat IslÄmÄ« 2019).
The third, and most relevant for environmental ethics is what is called here the âethicistâ approach. This approach is what Abdulaziz Sachedina describes as âthe ethical dimension of the Islamic juridical methodology that holds the potential for an inclusive universal language that can engage the common morality of modern secularityâ (Sachedina 2022, 94). This approach focuses on how ethical considerations can inform jurisprudential rulings. Hamid Mavani (2004) in his article âTwo ShÄ«Ê¿Ä« Jurisprudential Methodologies to Address Medical and Bioethical Challengesâ argues for the necessity of a paradigm shift in ShÄ«Ê¿Ä« legal theory to address contemporary bioethical and other challenges in an ethical, just, and non-discriminatory manner. The article contrasts two approaches to ShÄ«Ê¿Ä« Islamic jurisprudence: âtraditional ijtihÄdâ and âfoundational ijtihÄd.â
Traditional ijtihÄd makes minor adaptations to existing rulings using established legal principles, but Mavani argues it is insufficient for contemporary issues. Foundational ijtihÄd reimagines Islamic legal theory by incorporating modern sciences, ethics, reason, and egalitarian justice. It aims to reconstruct Islamic thought through reinterpretation of primary sources in light of changing social contexts, even when contradicting existing textually based verdicts (Mavani 2014).
In identifying the ethical dimension of jurisprudential discourse, several key aspects should be considered. These include the hierarchy of scriptural references such as the evaluation of ḥadÄ«th and ijmÄÊ¿ for consistency with QurʾÄnic principles and rational ethics. The role of reason in uncovering the rationale behind divine injunctions, the acknowledgement that what God has prescribed has inherent value, and what He has proscribed has inherent demerit, both discernible through reason. The presence and role of ethical imperatives, such as justice in determining the validity of legal rulings, or modifying them based on the context. Additionally, the consideration of time and space associated with particular decrees in assessing their universal applicability. These aspects offer points of reference to understanding the ethical dimension and principles underlying Islamic jurisprudential discourse.
While the initial typologies presented provide useful context for understanding the major genres and constituents of Islamic environmental thought, the analysis reveals that contemporary Shīʿī scholars often combine elements from multiple approaches. This feature shares important parallels with Islamic bioethics, as both domains require scholars to engage with contemporary challenges and collaborate across disciplines. Just as bioethical issues have prompted new methodological approaches in Islamic legal thought, environmental challenges similarly necessitate innovative frameworks that can integrate scientific knowledge with religious principles.
In contemporary ShÄ«Ê¿Ä« environmental discourse, the relationship between akhlÄq and fiqh manifests as methodologically distinct yet functionally complementary frameworks.7 Recent environmental treatises demonstrate this complex relationship: akhlÄq provides the moral foundation and motivational framework for interpreting fiqh rulings, while environmental fiqh translates these ethical principles into actionable guidelines for both individual and collective conduct. This emerging discourse reflects a sophisticated understanding that environmental challenges require an ethical framework synthesising traditional principles with contemporary perspectives, thereby informing the application of ijtihÄd in modern contexts. This approach enhances the comprehensiveness of ijtihÄd by clarifying its connection to broader ethical discourse while maintaining its methodological integrity.
The following analysis examines how the legal dimension of ethics and the ethical dimension of fiqh manifest in contemporary Shīʿī environmental discourse through various stages of development. The works analysed demonstrate an evolution from traditional approaches to more innovative integration of legal and ethical frameworks.
2 Analysis of Contemporary Shīʿī Sources in Comparison
2.1 Selection of the Works Analysed
This study begins by presenting a traditional fiqh approach to environmental issues through a posthumous thematic collection of fatwÄs by Muḥammad BÄqir al-á¹¢adr, then examines the environmental discourse of four prominent ShÄ«Ê¿Ä« scholars: Luá¹f AllÄh á¹¢ÄfÄ« GulpÄygÄnÄ«, Muḥammad al-ḤusaynÄ« al-ShÄ«rÄzÄ«, Sayyid Ḥusayn Aḥmad al-Khishn, and Sayyid Muá¹£á¹afÄ Muḥaqqiq DÄmÄd. These works represent various genres â traditional fiqh, environmental fiqh, and environmental theology â as defined by their respective authors or editors. The selected samples illustrate the methodological differences inherent in each genre while also reflecting the intellectual and attitudinal evolution in contemporary ShÄ«Ê¿Ä« environmental thought. The following analysis groups the studied works into three approaches: statements of relevance to the environment in fiqh, environmental jurisprudence (fiqh al-bīʾa), and environmental discourse from a theological perspective. It aims to show how environmental jurisprudence builds upon and blends classical genres while â and as the narrative becomes more sophisticated â more deeply navigating the intersection between akhlÄq and fiqh.
2.2 The Sources of Discourse on the Environment
The use of classical sources in contemporary Shīʿī environmental discourse reflects the effort to ground modern environmental ethics within the rich tradition of Islamic scholarship. This approach serves to legitimise environmental concerns within a religious framework while demonstrating the relevance of traditional teachings to contemporary issues.
QurʾÄnic references form the foundation of this discourse, with authors extensively citing verses that touch on themes of creation, stewardship, balance in nature, and responsible resource use. For instance, verses such as Q 7:56 on not causing corruption on Earth, Q 2:205 on the destruction of crops and cattle, and Q 30:41 on corruption appearing on land and sea due to human actions are frequently invoked to emphasise environmental protection. Other commonly cited verses include Q 6:165 and Q 11:61 on humans as stewards of the Earth, and Q 25:2 on Godâs creation and order in the universe.
ḤadÄ«th collections rank second in importance, with works like al-KÄfÄ« (âWhat is Sufficientâ) by al-KulaynÄ« (d. 329/941), BiḥÄr al-AnwÄr (âSeas of Lightsâ) by al-MajlÄ«sÄ« (d. 1110/1699), and WasÄʾil al-ShÄ«Ê¿a (âTools of the ShÄ«Ê¿Ä«sâ) by al-Ḥurr al-Ê¿ÄmilÄ« (d. 1104/1692) being heavily referenced. For example, al-KÄfÄ« is cited by GulpÄygÄnÄ« regarding water conservation, al-Khishn references it on land development, while DÄmÄd quotes it in arguments about corrupt judgments causing natural calamities. BiḥÄr al-AnwÄr is used extensively, with citations by al-Khishn on the ethical treatment of animals, by GulpÄygÄnÄ« on moderation in consumption, and by DÄmÄd on environmental preservation. WasÄʾil al-ShÄ«Ê¿a is referenced for various topics, such as by ShÄ«rÄzÄ« on the prohibition of wasting resources, by GulpÄygÄnÄ« on the ethics of animal slaughter, and by DÄmÄd to support arguments about unjust governance and natural disasters. DÄmÄd references Man LÄ Yaḥá¸uruhu al-FaqÄ«h (âHe Who Has No Jurisprudent with Himâ) by Shaykh al-á¹¢ÄdÅ«q (d. 381/991) on the concept of khilÄfa.
Fiqh works, such as SharÄʾiÊ¿ al-IslÄm (âSacred Injunctions of Islamâ) by Muḥaqqiq al-ḤillÄ« (d. 676/1277) and JawÄhir al-KalÄm (âJewels of Dialectic Theologyâ) by al-NajafÄ« (d. 1266/1849) are used to provide a legal framework for environmental protection. These sources are often cited to discuss issues like land ownership, resource management, and the rules of hunting and fishing. For instance, al-Khishn references SharÄʾiÊ¿ al-IslÄm and JawÄhir al-KalÄm on land development, wildlife management, and the preservation of public spaces.
Adab and akhlÄq literature, including works like Nahj al-BalÄgha (âMeasure of Eloquenceâ) and Ghurar al-Ḥikam (âFineries of Judgementâ), are used to highlight the moral and ethical dimensions of environmental stewardship. From Nahj al-BalÄgha, GulpÄygÄnÄ« cites sermon 167 on environmental stewardship, al-ShÄ«rÄzÄ« references letter 53 on governance and resource management, and DÄmÄd quotes saying 31 on the importance of moderation. Ghurar al-Ḥikam is employed for topics such as the necessity of leadership and the avoidance of immoral associations. Other important works in this category include Tuḥaf al-Ê¿UqÅ«l (âTreasures of the Mindâ) by Ibn ShuÊ¿ba al-ḤarrÄnÄ« (d. after 381/991) and MakÄrim al-AkhlÄq (âNoble Virtuesâ) by ṬabarsÄ« (d. 548/ 1153). Al-Khishn cites MakÄrim al-AkhlÄq on the etiquettes of using water and on kindness to animals. These works provide ethical principles and moral guidelines that complement the legal frameworks derived from fiqh, including discussions on cultivating virtues such as compassion (raḥma), kindness (iḥsÄn), and the avoidance of waste (isrÄf) and destruction (fasÄd).
TafsÄ«r works, while less frequently cited, provide detailed commentary on QurʾÄnic verses related to environmental themes. It is worth noting that SunnÄ« commentaries such as al-JÄmiÊ¿ li-AḥkÄm al-QurʾÄn (âCollected Judgements of the QurʾÄnâ) by al-Qurá¹Å«bÄ« (d. 671/1273) are also referenced by both DÄmÄd and al-ShÄ«rÄzÄ«. DÄmÄd cites its commentary Q 7:56, regarding environmental preservation, while al-ShÄ«rÄzÄ« uses its commentary on Q 30:41, concerning human impact on the environment. Other tafsÄ«r works mentioned include ṬabarsÄ«âs MajmaÊ¿ al-BayÄn (âCollected Clarificationâ) by DÄmÄd in his interpretation of MullÄ á¹¢adrÄâs (d. 1050/1640) metaphysics. The MuÊ¿tazilÄ« al-KashshÄf (âRevealerâ) by al-ZamakhsharÄ« (d. 538/1144) is referenced by DÄmÄd to support arguments related to the QurʾÄnic concept of istiÊ¿mÄr (cultivation or development) of the earth. Sayyid Ê¿AlÄ« AkbÄr al-QurashÄ«âs (b. 1928) QÄmÅ«s al-QurʾÄn (âDictionary of the QurʾÄnâ) is mentioned by DÄmÄd for linguistic or interpretative support for QurʾÄnic terms related to environmental issues. He also references al-RÄzÄ«âs (d. 606/1210) MafÄtīḥ al-Ghayb (âKeys to the Unseenâ) and TafsÄ«r al-MÄ«zÄn (âExegisis of Balanceâ) by Ê¿AllÄma ṬabÄá¹abÄʾī (d. 1981) to discuss divine ownership and human stewardship over nature among others.
Uṣūl al-fiqh and kalÄm works for instance, FarÄʾid al-Uṣūl (âThe Pearls of Principlesâ) by al-Aná¹£ÄrÄ« (d. 1281/1864) and KifÄyat al-Uṣūl (âThe Sufficiency of Principlesâ) by Muḥammad KÄáºim al-KhurÄsÄnÄ« (d. 1329/1911) play supporting roles in the authorsâ arguments. In the realm of kalÄm, works like al-IlÄhiyyaÌt min al-ShifÄʾ (âMetaphysics of the Healingâ) by Ibn SÄ«nÄ (Avicenna, d. 428/1037) and Sharḥ al-MaqÄá¹£id (âCommentary on the Objectivesâ) by al-TaftÄzÄnÄ« (d. 792/1390) provide theological perspectives that underpin the concept of khilÄfa. Al-Shaykh al-ṬūsÄ«âs (d. 460/1068) al-KhilÄf fÄ« l-AḥkÄm (âDifference in Juristic Rulingsâ) and al-MabsÅ«á¹ fÄ« Fiqh al-ImÄmiyya (âComprehensive Work on ImÄmÄ« Jurisprudenceâ) are used by DÄmÄd to provide scholarly backing for arguments about the sanctity of the earth and prohibition of pollution. He also uses MullÄ Aḥmad NarÄqÄ«âs (d. 1245/1829) Ê¿AwÄʾid al-AyyÄm (âReturns of the Daysâ) to support arguments against isrÄf (extravagance or wastefulness).
The limited scope of this study prevents drawing broad conclusions; however, their selection of references highlights a common trend among authors working from various perspectives in their application of foundational texts to modern environmental challenges. The systematic use of classical sources serves multiple purposes. It demonstrates the continuity between traditional Islamic teachings and contemporary environmental concerns, thereby legitimizing environmental protection as an Islamic duty. It also provides a rich reservoir of ethical principles and legal precedents that can be applied to modern environmental challenges. For example, the concept of ḥimÄ (protected areas) found in classical fiqh is often cited as a precedent for modern conservation efforts. Nevertheless, this approach also presents challenges, as authors must navigate between literal readings and broader interpretations that can address modern environmental problems not explicitly mentioned in classical sources. For instance â as we will see â, while classical texts discuss water utilisation, they do not directly address issues like industrial pollution or climate change.
The systematic use of classical sources in ShÄ«Ê¿Ä« environmental discourse serves to bridge tradition and modernity, aiming to signal and develop a holistic Islamic environmental ethic. Contemporary scholars draw on diverse sources â from QurʾÄnic verses and ḥadÄ«th collections to detailed fiqh rulings, and philosophical and ethical treatises â in order to construct a multifaceted approach that encompasses legal, ethical, and spiritual dimensions.
2.3 The Environment in Fiqh
In the Islamic tradition, jurisprudential compendia are not indifferent to environmental exposure in the broad sense, and they provide a pool of heritage that has been continually replenished and updated over time in response to changing social circumstances. Any thorough book on Islamic jurisprudence covers a wide range of concerns and rulings linked to the environment, the universe, and human dealings with the created world. These rulings can be found under the standard chapter headings such as regarding rulings on purity (aḥkÄm al-á¹ahÄra), prayer (á¹£alÄt), burial (janÄʾiz), alms (zakÄt and khums), fasting (á¹£awm), pilgrimage (ḥajj), sales (buyÅ«Ê¿), hunting and slaughter (á¹£ayd and dhabÄʾiḥ). This framework primarily addresses the religious and practical aspects of human-environment interaction â rules determining purity and impurity in various environmental contexts; rulings on the purity of animal products and parts; guidance on religious practices related to natural phenomena such as earthquakes and eclipses; instructions on human interaction with natural elements in religious contexts, exemplified by rules about prostration on different materials; and guidelines on the consumption and use of natural resources â, rather than ecological or conservation concerns central to contemporary environmental science. Nonetheless, some rulings could potentially be expanded and applied in areas of environmental ethics, for example in addressing more complex contemporary resource management issues.
2.3.1 The Image of the Environment in Traditional Fiqh Discourse
Muḥammad BÄqir al-á¹¢adrâs Fiqh al-Mawá¸Å«Ê¿Ät al-ḤadÄ«tha (âJurisprudence of Modern Issuesâ) is a posthumous collection of his fatwÄs, compiled and published â as the curator shaykh Ê¿AlÄ« SamÄ«m states in the introduction of the volume (al-á¹¢adr 1996) â at al-á¹¢adrâs own request. The declared goal to develop âsolutions to daily and non-daily human problemsâ reflects the challenge of applying fiqh to new situations not addressed in classical texts (al-á¹¢adr 1996, 10). In the introduction, SamÄ«mâs explanation of the challenges he faced in categorising al-á¹¢adrâs fatwÄs using traditional fiqh classifications highlights a key problem in adapting classical fiqh structures to the complexities of modern issues. The curator acknowledges that some rulings could be placed in multiple scientific categories, indicating the complex, interdisciplinary nature of contemporary problems which challenge the traditional compartmentalised approach of classical fiqh. SamÄ«m emphasises the need for âknowledge of research methodology and general study in most modern sciencesâ to properly contextualise the fatwÄs (al-á¹¢adr 1996, 9â10) advocating for integration between traditional Islamic knowledge and modern sciences.
Al-á¹¢adrâs rulings do not refer to scientific findings even though the editor framed a series of rulings in chapter 3 under the heading of Ê¿Ilm al-ṬabÄ«Ê¿a wa-Ê¿Ilm al-Bīʾa (âNatural Science and Environmental Scienceâ) (al-á¹¢adr 1996, 47â58). They exemplify the traditional legal approach to the environment â addressed in relation to purity (ruling 138) dietary laws (ruling 139), and resource utilisation (ruling 126â129) and reveal several challenges in using them as potential precedents for a comprehensive environmental fiqh. To understand whether these fatwÄs can have relevance to a specific environmental fiqh, the issue of water management will be examined.
Rulings 126â129 emphasise fair distribution of water resources, respect for ownership rights, and practical solutions for managing shared water sources, balancing individual rights with community needs. Key principles include the requirement for landowners to share excess water while maintaining their ownership rights (al-á¹¢adr 1996, 48â49), allocating water from shared rivers based on ownership shares or cooperative effort and mechanisms for resolving conflicts over water usage, including agreed-upon turn-taking or, if necessary, physical division of water flow proportional to ownership shares. Notably, while enforced physical division of water is considered binding, agreements based on taking turns are more flexible, allowing for retraction under certain conditions. This approach seeks to ensure fair access while respecting established ownership claims.
The first part of ruling 130 emphasises that natural water sources are considered a common resource. This reflects a principle of equitable access to water, which is seen as a basic right. The ruling against digging canals that would deprive others of needed water indicates a stance against monopolising or disproportionately appropriating shared water resources. When water is scarce, the ruling provides a system of prioritisation â through the involvement of a judge â which can prevent or manage potential conflicts and also indicates flexibility in applying these principles based on specific situations. Ruling 131 addresses the maintenance of shared water resources. It suggests a principle of collective responsibility for the upkeep of these resources. The ruling that abstainers cannot be forced to contribute to maintenance allows for individual choice and clarifies its consequences. The conditions for sharing expenses reflect a principle of fairness: those who benefit should contribute to the costs (al-á¹¢adr 1996, 48â49).
These verdicts prioritise fair access, responsibility, and sustainable resource management. They reflect al-á¹¢adrâs view of Islamic economics as a madhhab benefiting society within a broader ethical context (al-á¹¢adr 1987, 279â290), while also demonstrating the limitations of traditional fiqh frameworks in addressing environmental issues. Al-á¹¢adrâs work, exemplifying what Mavani (2014) terms âtraditional ijtihÄd,â makes incremental adaptations to existing rulings. While his emphasis on social justice and fair resource distribution suggests potential for developing a more universal ethical framework, this remains constrained by traditional legal methodologies.
It is worth adding here that in the essay âEffect of Manâs Contact with Nature and with Other Man,â al-á¹¢adr (n.d.) proposes that just social relations positively impact the utilisation of natural resources, suggesting that more equitable societies use nature more effectively.8 He articulates a principle that could be foundational for ShÄ«Ê¿Ä« Islamic environmental ethics: a divine norm linking just societies with prosperity and unjust ones with decline. This key concept of Islamic moral economy could be further developed to emphasise justice and respect in humanityâs relationship with all creation. In the context of environmental fiqh, this raises the question of how the genreâs boundaries could be expanded to include ethical and explanatory discourse, as well as methods for evaluating scientific findings to inform legal conclusions.
2.3.2 Potentials and Constraints of Traditional Fiqh in Addressing Modern Ecological Issues
The volume IstiftÄʾÄt MuḥīṠZÄ«st (âEnvironmental FatwÄs,â 2020) by Luá¹f AllÄh á¹¢ÄfÄ« GulpÄygÄnÄ« is a compilation of environmental-related fatwÄs. While the print edition was published by IntishÄrÄt-i MunÄ«r in Tehran, the digital edition used in this study was produced by the Markaz-i TaḥqÄ«qÄt-i RÄyÄnaʾī QÄʾimiyya Iá¹£fahÄn (QÄʾimiyya Computer Research Centre of Isfahan).
This thematic collection, unprecedented in ShÄ«Ê¿Ä« Islamic jurisprudence, spans traditional Islamic concerns and contemporary environmental challenges, including industrial pollution (quest. 161, 162),9 the use of pesticides (quest. 163), radiation effects (quest. 200), protection of endangered species, prohibition of cutting desert trees (quest. 170), protection of public resources (quest. 178) irrigation methods (quest. 184), rangeland and forestry projects (quest. 185), unauthorised grazing of livestock (quest. 186), nomadic pasture rights (quest. 202â205) â among others.
The text follows the traditional question-answer (istiftÄʾ) format with issues grouped into categories. It references QurʾÄnic verses, ḥadÄ«ths, and opinions of earlier scholars, while some rulings incorporate modern scientific understanding of ecology and environmental processes. This approach shows an aspiration to blend religious and scientific knowledge. Key Islamic legal terms are used in their original Arabic form while the overall expression (in Persian) is tailored to a general audience.
GulpÄygÄnÄ« encourages environmental knowledge, positioning environmental study as a form of worship and âthe best university for knowing Godâ (GulpÄygÄnÄ« 2020, 41). He highlights the importance that the QurʾÄn places on plants and trees as manifestations of Godâs creation, emphasising that the QurʾÄn views the growth and vitality of vegetation as divine signs. He quotes sÅ«rat ṬÄhÄ (Q 20: 53) describing how God has created the earth, its paths, and the water cycle to nurture diverse plant life (GulpÄygÄnÄ« 2020, 159) indicating that non-human creation has intrinsic value beyond its utility. GulpÄygÄnÄ«âs rulings reflect a general principle of avoiding unnecessary harm to living beings in the environment (quest. 137, 139).
However, as a compilation of individual rulings, it lacks a unified, systematic approach to environmental ethics that a purposely developed, coherent volume of environmental fiqh might offer. The answers, conforming to the istiftÄʾÄt genre, are limited by the specific questions posed rather than providing a comprehensive treatment of the problem. These rulings show inconsistent approaches to long-term harm, possibly due to reliance on traditional fiqh categories of immediate versus speculative harm. These instances highlight the challenges of applying traditional fiqh categories to modern environmental issues, where the interconnectedness of actions and their long-term impacts may not align neatly with classical Islamic legal categories.
To illustrate the potentials and limitations of this approach, we examine GulpÄygÄnÄ«âs rulings that address the tension between economic activities and environmental protection in the context of industrial pollution. This problem is covered by fourteen questions that span from general principles to specific cases involving petroleum products, gasoline compounds, and pesticides. Examples include applying the principles of harm (á¸arar) and liability to industrial pollution (quest. 158, quest. 196), and the principle of shared resources (mushtarakÄt) in the context of natural areas or resources that are considered common property or for public use, such as pastures and forests (quest. 178, 185). The answers reflect a focus on immediate harm, potentially overlooking cumulative effects (quest. 196) and a lack of precautionary principles (quest. 163).
Two examples illustrate difficulties in addressing potential harm which is a key factor in environmental measures.
In quest. 196 on âIllness or Death Resulting from Pollution by Industrial Unit,â the argument reads as follows:
Question: If a person, due to pollution from activities of an industrial unit, develops a chronic illness or dies in the long term, and if an indirect connection between the illness and pollution is proven, what is the religious ruling regarding the operation of the relevant unit? Answer: If it is proven that people in the area have become ill due to the activities of the unit, the factory officials are liable for the damages incurred and must prevent further harm in an appropriate manner. However, the mere possibility that one or several people in the area might be affected due to pollution from that industrial unit, in a way that causation cannot be definitively established, does not create liability.
This ruling exemplifies how traditional fiqh categories, designed for clear chains of causation, struggle to address collective environmental impacts. GulpÄygÄnÄ« distinguishes between proven harm (clear evidence linking industrial activity to illness, creating liability) and probability (no definitive proof of causation, hence no liability). This distinction demonstrates that Islamic jurisprudence in environmental and health contexts requires proven links for legal and religious responsibility.
In quest. 163 on âUse of Plant Pesticides Harmful to Humans,â the question raises attention to an ethical dilemma:
Given that pesticides are used to combat agricultural crop pests, and generally these types of poisons over time cause irreparable damage ⦠to the human body, and according to divine commands and the pure imÄms (peace be upon them), harming the spirit and body of innocent humans is religiously forbidden and legally considered a crime, is not ⦠the prohibition of using plant pesticides, which have been banned in agriculture in other countries for many years ⦠necessary?
The response reveals a problematic distinction in the evaluation of harm:
In general, in the case presented, if the harm and damage occurs over the long term and a percentage of casualties can be attributed to it, abstaining from it is not obligatory. What custom considers noteworthy and mandatory to observe is short-term danger and harm, which is obligatory to avoid according to Sharīʿa and reason.
GolpÄygÄnÄ« 2020, 173â174
The rulingâs focus on temporal proximity rather than severity of harm creates a logical gap: it implies that a potentially fatal long-term impact requires less preventive action than an immediate but possibly minor harm. This reasoning seems to prioritise immediate demonstrability over actual impact, potentially undermining the broader Islamic principles of protecting human life and preventing harm.
The examples reveal two key tensions: first, between traditional requirements for epistemological certainty and the inherent complexity of environmental causation; second, between the ideal of environmental stewardship and socio-political realities. These tensions highlight the challenges of applying traditional fiqh methodologies to modern environmental issues, particularly in balancing clear moral directives with jurisprudential requirements. Absolute prohibitions are typically applied where Islamic tradition is explicit, particularly in traditional concerns. Rulings derived from scientific research or personal interpretation are considered as less authoritative and formulated as milder, ethical disapprovals.
In the evaluation of GulpÄygÄnÄ«âs fatwÄs, two aspects must be considered: it is a thematic volume edited from various sporadic rulings, the dates of which are not marked. Despite operating within traditional frameworks and making limited use of scientific findings, the thematic organisation signals recognition that environmental issues require specialised attention. As such, the publication represents a move toward what Sachedina describes as engagement with modern secularity.
The environment-related rulings of Muḥammad BÄqir al-á¹¢adr and Luá¹f AllÄh GulpÄygÄnÄ« exemplify the traditional fiqh approach, albeit with notable differences in complexity and format attributable to their historical contexts and distinct subgenres within fiqh. They serve as critical reference points for a distinctively ShÄ«Ê¿Ä« synthesis of legal, philosophical, and theological perspectives â a synthesis emerging in response to the limitations of traditional genre boundaries. While traditional fiqh provides foundational principles for resource management and human-environment interactions, its case-specific methodological framework requires systematic expansion to address contemporary environmental challenges. This development must consider short-term and long-term impacts of both large-scale (industrial and governmental) and individual actions on the environment.
2.4 Attempts at Establishing a New Genre: Fiqh al-Bīʾa
Recent years have seen ShÄ«Ê¿Ä« scholars developing fiqh al-bīʾa (environmental jurisprudence) to address modern ecological challenges through an Islamic lens. This emerging field combines traditional Islamic sources with contemporary scientific research and ethical considerations linking the discourse to the legal responsibility of âcommanding right and forbidding wrongâ (al-ShÄ«rÄzÄ« 2000, 243; al-Khisn 2004, 26n2). This likewise traditional genre does not fit neatly into classical categories like adab, akhlÄq, fiqh or uṣūl al-fiqh, rather draws elements from each while incorporating insights from environmental science and sustainable development. The authors of this genre emphasise the importance of responsible treatment of natural resources and ecosystems, the moral and ethical dimensions of human interaction with the environment, and utilise the principles and methodologies of uṣūl al-fiqh to derive general guidelines related to environmental issues. Fiqh al-bīʾa aims to provide a comprehensive Islamic framework for environmental issues, focusing more on raising awareness and demonstrating Islamâs adaptability to contemporary problems rather than offering specific rulings. This approach seeks to prove that Islamic moral economy can effectively address pressing environmental concerns.
2.4.1 Pioneering Shīʿī Islamic Environmental Jurisprudence
In Fiqh al-Bīʾa (2000), Äyat AllÄh Muḥammad al-ḤusaynÄ« al-ShÄ«rÄzÄ« presents a comprehensive Islamic ecological worldview relating actual environmental issues to Islamic law and ethics. After discussing the moral impact of the environment in Islam, the book addresses specific issues in a detailed manner including air and water pollution, soil contamination, pesticides, the ozone hole, acid rain, natural balance, and environmental destruction from war, concluding with a call to action against pollution. Interspersed are chapters that directly connect environmental issues with Islamic rulings and principles. In his introduction, al-ShÄ«rÄzÄ« states that âIslam has clarified the rulings on the environment, both negatively and positively, as obligatory, prohibited, recommended, or disapproved, in terms of legal obligation or natural predispositionâ (al-ShÄ«rÄzÄ« 2000, 20). His application of legal concepts includes lÄ á¸arÄr wa-lÄ á¸irÄr (no harm) (al-ShÄ«rÄzÄ« 2000, 26â34), prohibition of isrÄf (extravagance) (al-ShÄ«rÄzÄ« 2000, 216â229), and corruption (fasÄd) â considered as ḥarÄm (al-ShÄ«rÄzÄ« 2000, 20, 37â38), using the category of najÄsa (impurity) in relation to water polluted by industrial waste (al-ShÄ«rÄzÄ« 2000, 85, 217), the prohibition of obtaining wealth through improper means (al-ShÄ«rÄzÄ« 2000, 90), and the prohibition of destroying crops and offspring (al-ShÄ«rÄzÄ« 2000, 229â233).
Al-ShÄ«rÄzÄ« presents a holistic view where Islamic jurisprudence, human behaviour, and the environment (both physical and metaphysical) are interconnected. He posits a natural, divinely ordained order to human actions, subject to jurisprudential categorisation, which is intrinsically part of and influenced by the environment. This perspective suggests that adhering to this jurisprudentially defined natural order is not just a matter of religious observance, but also the key to maintaining harmony with oneâs entire environment.10 His focus is on describing, analysing, and laying out the Islamic principles for a framework that should guide Muslimsâ understanding of and approach to environmental issues, rather than â as the title suggests â providing detailed guidance or concrete legal rulings.
Al-ShÄ«rÄzÄ« interweaves ethical and legal frameworks, covering the imperative to respect and preserve all life forms, not just human life. He asserts that âthe rule of balance governs the universe with extreme precision, confirming the wisdom of the Transcendent Creator even in the largeness and smallness of animalsâ (al-ShÄ«rÄzÄ« 2000, 182). In discussing the ethical implications of maintaining âgenetic diversityâ (al-tanawwuÊ¿ al-wirÄthÄ«), he frames it as a moral issue beyond legal prohibitions (al-ShÄ«rÄzÄ« 2000, 131â136). Al-ShÄ«rÄzÄ« links environmental corruption to human actions and cites QurʾÄnic verses as a warning for humanity to change course and as divine reminders of the consequences for humans indicating that environmental destruction brings upon divine retribution (al-ShÄ«rÄzÄ« 2000, 137). His discussions of ecological balance suggest an ethical imperative to maintain the divinely ordained harmony in nature. Hence, human stewardship of the environment is linked to the idea of social responsibility, it is a moral obligation to consider the wider impacts of social and individual actions.
Some issues are analysed in greater detail and from a wider perspective such as the section on water pollution (al-ShÄ«rÄzÄ« 2000, 74â78), noise pollution (al-ShÄ«rÄzÄ« 2000, 106â113), and waste in various aspects of life (al-ShÄ«rÄzÄ« 2000, 216â229). In order to substantiate the prohibition of harmful practices he draws on science, religious ethics, and fiqh rulings, presenting QurʾÄnic verses, ḥadÄ«th, scientific opinions and rational arguments as a harmonious whole in support of environmental principles. The volume displays an intellectual preparatory work towards the elaboration of practical environmental fiqh. The text provides some examples for historic application of general principles (e.g., in preventing contamination) to a specific case (well placement) (al-ShÄ«rÄzÄ« 2000, 94â98), using guidance from religious and scientific sources. However, no systematic methodology for deriving new rulings for current environmental issues from these principles is presented.
Al-ShÄ«rÄzÄ«âs Fiqh al-Bīʾa exemplifies an early attempt at the distinctive ShÄ«Ê¿Ä« approach of merging legal, philosophical, and theological perspectives in environmental discourse. His work sets guidelines for âfoundational ijtihÄdâ by attempting to bridge particular rulings with universal ethical principles. The integration of scientific knowledge with religious principles, while maintaining the centrality of Islamic legal concepts, demonstrates the emergence of a more holistic framework for addressing environmental challenges. The book appears to be motivated by two primary factors: firstly, to demonstrate Islamâs relevance to contemporary global environmental challenges, responding to increased international focus on these issues in the late 1990s, and secondly, to provide a religious framework for political commentary, particularly addressing the environmental consequences of regional conflicts like the Gulf War or human induced catastrophes like Chernobyl (al-ShÄ«rÄzÄ« 2000, 45â46), and Israelâs mercury pollution in the Mediterranean Sea (al-ShÄ«rÄzÄ« 2000, 90â91). While in the text al-ShÄ«rÄzÄ« makes some distinctions between East and West in terms of sources and types of pollution, he presents it as a global problem with varying manifestations in different regions (al-ShÄ«rÄzÄ« 2000, 237â241). By connecting Islamic principles to environmental protection, he indirectly gave legitimacy to environmental activism within Muslim communities and used environmental issues as a lens through which to critique certain political regimes, trends, and events.11
2.4.2 Bridging Traditional Shīʿī Jurisprudence with Modern Environmental Challenges
Sayyid Aḥmad Ḥusayn al-Khishnâs book al-IslÄm wa-l-Bīʾa: Khaá¹awÄt Naḥw Fiqh Bīʾī (âIslam and the Environment: Steps Towards an Environmental Jurisprudence,â 2004) draws connections between existing Islamic rulings and concepts and environmental concerns, showing how traditional Islamic jurisprudence can be extended to address modern environmental issues. As the title suggests, the author, a prominent ShÄ«Ê¿Ä« scholar from Lebanon sees this effort as a work in progress.
The book comprises four chapters covering theoretical foundations and practical recommendations. Chapter 1 explores why Muslims appear to be late to engage with environmental issues while emphasising the historical aspects of environmental care in Islamic tradition. Chapter 2 examines the legal and ethical frameworks within Islam relating to environmental protection. It outlines general rules of environmental jurisprudence, including concepts like corruption (fasÄd) on earth, damage (iá¸rÄr) to the environment, and waste (isrÄf) of resources. This chapter also discusses the role of Islamic legal prohibitions, ethics (adab), and worship (Ê¿ibÄdÄt) in fostering environmental care. Chapter 3 focuses on protecting specific environmental elements from an Islamic perspective, covering air, water, land, plants, and animals, as well as environmental considerations in various settings like mosques, homes, public spaces, roads, markets, and public baths. The final chapter expands the concept of pollution beyond the physical environment to include visual, auditive, and ethical pollution.
While Islamic tradition contains general principles guiding environmental approaches, clear mandatory judgements are rare, leaving numerous acts purportedly acceptable, as the works of al-ShÄ«rÄzÄ« and GulpaygÄnÄ« exemplified. Al-Khishn discusses the concept of al-farÄgh al-tashrÄ«Ê¿Ä«, which can be translated as âlegislative voidâ or âlegislative vacuum.â This term refers to the absence of explicit and detailed Islamic legal rulings (aḥkÄm) on certain contemporary issues, including environmental problems but maintains the conviction that the scriptures provide guidance for novel, informed decisions. This concept, while not used in classical ShÄ«Ê¿Ä« fiqh, aligns with the idea that new situations may not be directly addressed by existing Islamic legal rulings. Al-Khishn references Muḥammad BÄqir al-á¹¢adr, who, in his Iqtiá¹£ÄdunÄ (âOur Economy,â 1961) elaborated on the concept of miná¹aqat al-farÄgh (area of the void) (al-á¹¢adr 1987, 681â685). Al-Khishn states that environmental rulings are based on obligatory divine rulings, and derivation is necessary when existing juristic rulings are insufficient (al-Khishn 2004, 17). Hence, it does not indicate deficiency but rather proves that this system is dynamic, it allows Islam to adapt to changing circumstances while maintaining its core principles (al-Khishn 2004, 71â72).
Al-Khishn, drawing upon al-á¹¢adrâs concept of the âarea of void,â posits the ruler (ḥÄkim) as not only permitted but obligated to exercise discretionary authority in domains not explicitly governed by divine mandates, such as contemporary environmental concerns (al-Khishn 2004, 72). In a contemporary context, this implies that religious authority enacts environmental regulations in areas not explicitly addressed by the SharÄ«Ê¿a, like prohibitions on smoking in public, management of logging and grazing activities, conservation of wildlife and natural resources, and oversight of urban development and industrial zoning, regulating the establishment of factories and plants, prohibition of random drilling of artesian wells, regulating health and safety conditions in construction and markets (al-Khishn 2004, 71).
Al-Khishn suggests that the traditional sources of ShÄ«Ê¿Ä« fiqh (QurʾÄn, Sunna, ijmÄÊ¿, and Ê¿aql) need to be re-examined and re-interpreted in light of contemporary environmental realities. For example, he points out that while there are Islamic legal principles that emphasise the importance of avoiding isrÄf (al-Khishn 2004, 55â58) and protecting public properties (al-milkiyyÄt al-Ê¿Ämma) (al-Khishn 2004, 59â60), these principles need to be applied in new ways to address issues such as industrial pollution, deforestation, and climate change. Al-Khishn emphasises that the impact of oneâs actions, rather than just the intention behind them, is crucial in determining their permissibility in Islamic law, particularly when it comes to causing harm to others or the environment (al-Khishn 2004, 52â53).
For al-Khishn, maqÄá¹£id al-sharÄ«Ê¿a (objectives of Islamic jurisprudence) represents the general framework of environmental legislation. He asserts that human health is a key purpose of SharÄ«Ê¿a, making any behaviour negatively affecting it unacceptable from an Islamic perspective (al-Khishn 2004, 23).12 Al-Khishn incorporates science13 and community interest (maá¹£laḥa) (al-Khishn 2004, 53, 66) as additional criteria for drawing normative conclusions based on the circumstances and the potential harm or benefit.14
Construction (Ê¿imÄra) is a core concept for al-Khishn, encompassing human responsibility to care for, preserve, and rebuild the environment (al-Khishn 2004, 29, 41, 75â76). He identifies three major legislative directives for extracting practical environmental rulings: the prohibition of causing harm (al-Khishn 2004, 43, 54), respect for and the primacy of public property (al-Khishn 2004, 59â67), and safeguarding public order and stability (al-Khishn 2004, 68â69). Al-Khishn views environmental preservation as both a private obligation as well as a public responsibility (masʾūliyya Ê¿Ämma wa-khÄṣṣa) (al-Khishn 2004, 29). He includes the personal contribution to improving and developing the environment, to invest oneâs own money in environmental construction and reconstruction in the scope of Ê¿ibÄdÄt since Islam has encourages á¹£adaqa and considers it one of the acts of worship (al-Khishn 2004, 83â84).
The author enhances jurisprudential reasoning by incorporating adab and akhlÄq. They include divinely inspired social norms that, while not mandatory, illustrate Islamâs capacity for guidance in environmental matters (al-Khishn 2004, 75â76). These encompass guidelines for finance, business interactions, Sufi concepts of moderation, and compassionate treatment of plants and animals. The book offers guidance on urban planning, emphasising wide streets, proper sewage systems, and green spaces applicable to modern Muslim city development. It discusses ḥisba (accountability), which could inform contemporary market hygiene standards, animal welfare, resource conservation among others. Public health, cleanliness in public spaces, waste management, and noise pollution are also addressed.
While considering precedents that facilitate translating Islamic environmental teachings into practical applications, al-Khishnâs discussion of al-farÄgh al-tashrÄ«Ê¿Ä« highlights the need for a dynamic and adaptive approach to Islamic environmental fiqh. He suggests that authorities can even transform moral teachings into obligatory rulings (al-Khishn 2004, 75). Al-Khishn considers environmental security an essential component of human security and a divinely assigned right. In his article Naḥw WaÊ¿y Bīʾī (âTowards Environmental Awarenessâ), he argues that environmental risks deepen both security and nutritional problems, emphasizing the interconnectedness of environmental, food, and general human security (al-Khishn n.d.b.). He proposes a solution based on three elements: raising awareness, effecting legislation, and environmental education. Al-Khishn acknowledges that establishing a comprehensive system of environmental jurisprudence requires urgent and collective effort from scholars, engaging with scientific research and policymaking. Aligning with Mavaniâs concept of âfoundational ijtihÄd,â his work consciously reconstructs Islamic legal theory for contemporary environmental challenges. This approach exemplifies a maturing synthesis of legal and ethical perspectives in ShÄ«Ê¿Ä« environmental thought. The text primarily targets policymakers and religious scholars, offering a framework for developing comprehensive environmental regulations.
Comparing Äyat AllÄh Muḥammad al-ḤusaynÄ« al-ShÄ«rÄzÄ«âs Fiqh al-Bīʾa and Sayyid Aḥmad Ḥusayn al-Khishnâs al-IslÄm wa-l-Bīʾa reveals both similarities and differences in their approaches to Islamic environmental jurisprudence: Al-ShÄ«rÄzÄ« aims to present a comprehensive ecological worldview within an Islamic framework, covering a wide range of specific environmental issues and their political ramifications. His work is a pioneering effort in ShÄ«Ê¿Ä« thought on environmental matters. Al-Khishnâs book â written four years later in 2004 â is more explicitly oriented towards practical jurisprudential application, reflecting his background of a scholar and ḥawza-director, while al-ShÄ«rÄzÄ« speaks in the voice of a religious authority. Al-Khishn focuses more on developing a methodology for environmental fiqh, and is emphatic about the role of the legitimate authority in implementing environmental regulations.
Based on these works, the emerging fiqh al-bīʾa discourse in its current form can be viewed as a subset and practical application of akhlÄq, with aspirations towards formal legal codification. The emphasis on legal concepts suggests that both authors consider fiqh as the embodiment of ethical principles, viewing law as the means through which ethics is enacted by providing tools and setting conditions for its application. Their works attempt to establish a framework of rules and guidelines for human interaction with the environment based on both legal obligations and moral imperatives, embedding the practical application of akhlÄq in ethics-based fiqh.
2.5 QurʾÄnic Ecology: Muḥaqqiq DÄmÄdâs Perspectives on Environmental Theology
Äyat AllÄh Muá¹£á¹afÄ Muḥaqqiq DÄmÄdâs IlÄhiyyÄt MuḥīṠZÄ«st (âTheology of the Environment,â 2014) addresses environmental crises from ethical, theological, and jurisprudential perspectives. This work, comprising eleven sections, synthesises Islamic philosophical traditions with modern environmental concerns. The book critiques the materialistic view of modern science on nature and explores religious perspectives on environmental protection, focusing on Islamic teachings. DÄmÄd recognises the necessity for a coherent ethical approach that goes beyond and complements jurisprudence to reach a wider audience, potentially including those outside of Islam. The book represents a clear indication of an emerging Islamic environmental moral economy.
The author argues that addressing environmental issues is a central and fundamental concern of divine religions, while noting insufficient explanation of these teachings by theologians and religious leaders (DÄmÄd 2014, 58). He asserts that environmental degradation began during the Renaissance and the onset of the modern era, as a consequence of the dominance of Western humanism (DÄmÄd 2014, 30). Resolving this crisis necessitates a review and reconsideration of these foundations, redefining religion relevantly to modern times by invoking religious sources to restore harmony between humans and nature. This requires as he writes âa fundamental transformation in the moral education of man and intellectual transformation also in his perception of contemporary sciencesâ (DÄmÄd 2014, 9).
The work presents environmental theology as an integral part of Islamic thought, drawing from QurʾÄnic verses, ḥadÄ«th, Islamic philosophical traditions, and legal thought, and juxtaposing them with other religious and secular perceptions. DÄmÄd incorporates ideas from Islamic philosophers, particularly MullÄ á¹¢adrÄ (chapter 9) and Muḥammad IqbÄl (d. 1938, chapter 7), Islamic legal principles related to conservation, includes a chapter on pre-Islamic Iranian practices (chapter 8), concluding with advocacy for interfaith dialogue to develop a global environmental ethic. While acknowledging the potentials of science, he critiques the modern scientific worldview, stressing its material orientation and inability to understand the manifestations of divine purpose in nature (DÄmÄd 2014, 23â28).
In chapter 10, which takes up a quarter of the book, DÄmÄd reflects on environmental jurisprudence with an emphasis on its capacity to derive rulings on environmental protection, resource management, and human interactions with nature. He uses a widely accepted Prophetic ḥadÄ«th as a starting point: âThe earth has been made for me a place of prostration and its soil a means of purification. Thus, wherever prayer time finds me, I perform my prayerâ (DÄmÄd 2014, 201). DÄmÄd first establishes the authenticity of the ḥadÄ«th, citing multiple respected SunnÄ« and ShÄ«Ê¿Ä« sources, then extends its traditional application to environmental protection, arguing that its emphasis on the purity of earth implies human responsibility to maintain its cleanliness in a much more general sense.
DÄmÄd outlines three main areas of ecological fiqh: the essence of ecological resources (DÄmÄd 2014, 175), ownership and rights over these resources, and legal verdicts on their misuse (DÄmÄd 2014, 220â235). He presents Islamic jurisprudence as inherently ethical, suggesting a reciprocal relationship where fiqh informs ethical behaviour towards the environment, while ethical principles shape fiqh rulings. Like Äyat AllÄh al-ShÄ«rÄzÄ« and Sayyid al-Khishn, he employs the principle of lÄ á¸arar (no harm) as both an ethical guideline and a legal precept, demonstrating how general ethical principles can inform specific legal prohibitions in the context of environmental protection (DÄmÄd 2014, 236).
In chapter 9, the author explores a specific interpretation of kalÄm (divine speech) diverging from classical Islamic theology and expanding this concept to encompass all of creation as a form of divine expression.15 Drawing on various theological perspectives, including AshÊ¿arÄ«, MÄturÄ«dÄ« (DÄmÄd 2014, 164), and MullÄ á¹¢adrÄâs critique of these views (DÄmÄd 2014, 165â167), the author constructs an argument that transcends the conventional verbal-mental speech dichotomy. He posits that the purpose of speech â indication and narration â can be achieved through means beyond verbal communication, suggesting that the entire universe, as an act of God, serves as an indication of His existence and attributes. This interpretation of kalÄm as encompassing all of creation represents an innovative theological framework maintaining what Sachedina identifies as potential for universal ethical dialogue.
DÄmÄd presents various interpretations of the verse âWe will show them Our signs in the horizons and within themselves until it becomes clear to them that it is the truthâ (Q 41:53). He details MullÄ á¹¢adrÄâs approach, primarily drawing from his al-AsfÄr al-ArbaÊ¿a (âThe Four Journeysâ). á¹¢adrÄ interprets the future tense in âWe will show themâ (sanurÄ«him) as emphasising repetition rather than futurity, and he considers the pronoun âitâ in âthat it is the truthâ to refer to God Almighty rather than the QurʾÄn (DÄmÄd 2014, 169â173). This suggest that the signs in the horizons and within ourselves ultimately point to the reality of God as the Truth, and supports the idea that nature itself can be understood as a form of divine communication or manifestation. This perspective aligns with a more immanent understanding of Godâs relationship to the natural world, crucial for DÄmÄdâs concept of eco-theology.
IlÄhiyyÄt MuḥīṠZÄ«st represents a distinct methodological innovation that parallels the developments illustrated by fiqh al-bīʾa. Through framing his approach explicitly as theology (ilÄhiyyÄt), DÄmÄd establishes an intellectual framework that exemplifies the ShÄ«Ê¿Ä« tendency toward methodological synthesis, yet differs conceptually from the approaches of al-Khishn and al-ShÄ«rÄzÄ« in its emphasis on expanding non-juristic Islamic environmental ethics. His work synthesises philosophical, ethical, and jurisprudential dimensions of Islamic environmentalism into a multifaceted framework accessible to both religious and secular discourse. DÄmÄdâs engagement spans classical Islamic texts, contemporary Muslim scholars such as Ḥusayn Ê¿AlÄ« MuntaáºirÄ« (d. 2009) and the SunnÄ« author YÅ«suf al-Qaraá¸ÄwÄ« (d. 2022), as well as Western scientific-philosophical discourse. Although his critique of materialistic science demonstrates comprehensive engagement and his conceptualisation of nature as divine communication aligns with broader eco-theological perspectives, the work remains structurally an assemblage of interconnected essays rather than a systematic theological treatise in its own right.
3 Conclusion
Environmental ethics is an emerging field of modern ShÄ«Ê¿Ä« scholarship. The exact content of this type of Islamic environmental ethics, and how it relates to other aspects of also SunnÄ« Islamic thought and practice, has still to be analysed. The process of articulating an ecological jurisprudence grounded in Islamic principles is an ongoing one. Nevertheless, the herewith presented examination of contemporary ShÄ«Ê¿Ä« works on environmental issues reveals a distinctive evolution in religious discourse that both draws from and transcends traditional genres. This development moves from conventional fiqh approaches, represented by al-á¹¢adrâs rulings and GulpÄygÄnÄ«âs compilation, to the call for specialised environmental jurisprudence, fiqh al-bīʾa as a distinct genre in the works of al-ShÄ«rÄzÄ« and al-Khishn, and to the theological synthesis attempted by DÄmÄd. These scholars demonstrate increasing sophistication in synthesising legal, philosophical, and theological perspectives, pointing toward an emerging distinctive approach to Islamic environmental thought that is characteristically ShÄ«Ê¿Ä« in its integrative methodology. Their publications are pioneering at least in the ShÄ«Ê¿Ä« context and highlight the need for further scholarly work in Islamic environmental ethics, particularly in bridging the gap between theoretical theological principles and practical environmental solutions and regulations.
As Sachedina suggests, the ethical dimension of Islamic juridical methodology holds significant potential for developing an inclusive universal language that can engage with modern challenges. This potential could be realised through what Mavani terms âfoundational ijtihÄd,â which reimagines Islamic legal theory by more forcefully incorporating modern sciences, ethics, and reason while maintaining a connection to primary sources. By framing environmental responsibility as a religious and moral duty, Muslim religious authorities can integrate ecological concerns into the Islamic moral economy linking it to traditional focuses like justice and prosperity.
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The understanding of the term moral economy here draws from the studies of consumption ethics.
I derive the Arabic term for environmental jurisprudence and the Persian phrase for ecotheology from the titles in which Äyat AllÄh Muḥammad al-ḤusaynÄ« al-ShÄ«rÄzÄ« (Fiqh al-Bīʾa, 2000) and Äyat AllÄh Muá¹£á¹afÄ Muḥaqqiq DÄmÄd (IlÄhiyyÄt MuḥīṠZÄ«st, 2014) initially used them.
For example AkhlÄq-Ä« NÄá¹£irÄ« (âEthics of NÄá¹£irâ) and AkhlÄq-Ä« MuḥtashamÄ« (âEthics of MuḥtashimÄ«â) by KhwÄja Naṣīr al-DÄ«n al-ṬūsÄ« (d. 672/1274) which covers economics, management of family issues and politics, Aḥmad NarÄqÄ«âs (d. 1245/1829) MiÊ¿rÄj al-SaÊ¿Äda (âAscension of Happinessâ), al-ḤaqÄʾiq (âTruthsâ) by FayḠal-KÄshÄnÄ« (d. 1091/1680), and al-Sayyid Ê¿Abd AllÄh Shubbarâs (d. 1242/1827) AkhlÄq (âEthicsâ).
The conversation took place at an academic gathering on âThe Relationship between Fiqh and Ethicsâ on 8 January 2019 at Conference Hall of the Supreme Assembly of Islamic Wisdom in Qom (MajmaÊ¿ Ê¿ÄlÄ« Ḥikmat IslÄmÄ« 2019).
See for example Mavaniâs distinction between fiqh and SharÄ«Ê¿a in his analysis of Äyat AllÄh YÅ«suf á¹¢ÄniÊ¿Ä«âs (d. 2020) legal opinions on issues like blood money, inheritance, and child custody (Mavani 2009, 341â342).
See for example Junaid Quadriâs article âMoral Habituation in the Lawâ on reorienting Islamic legal studies to focus on how fiqh shapes moral subjects (Quadri 2019). He examines three fiqh concepts related to habitual sin: idmÄn, iqÄma, and iá¹£rÄr, which jurists used to link persistent sin with loss of moral and legal standing. This focus on habituation in fiqh parallels akhlÄq texts, revealing a shared normative framework. Quadri argues that habituation influenced juristsâ understanding of the Prophetâs Sunna and religious norms. This shows jurists saw themselves as actively cultivating moral behaviour in the community through their legal writings and rulings.
According to Hourani, ethics from an Islamic perspective refers not only to akhlÄq but also to SharÄ«Ê¿a. He divides Islamic ethics into two categories: ethics of action referring to fiqh or SharÄ«Ê¿a and ethics of character referring to akhlÄq (Hourani 1976, 69â70).
Published online in English as part of a posthumous collection of al-á¹¢adrâs last lectures in the Religious Centre in Najaf (al-á¹¢adr n.d.).
The article references the book in its online available format, according to the sequential number of the questions. âQuest.â is used as an abbreviation for âquestion.â
See his analysis on an ideal or divinely ordained way for humans to conduct certain aspects of their lives, particularly in matters of marriage, intimacy, and procreation (al-ShÄ«rÄzÄ« 2000, 19).
The need for connecting religious principles with practical environmental action is increasingly being addressed through grassroots initiatives within ShÄ«Ê¿Ä« communities. Notable examples include the UK-based Sayyed Jaffer Ladakâs khuá¹bas on environmental responsibility (Ladak 2021) and his contribution to Al-Mizan: A Covenant for the Earth (Llwelyn et al. 2024), as well as Zahra Ali Syedâs Green Pilgrim project in Karbala (Syed n.d.).
He argues that ShÄ«Ê¿Ä« jurisprudence has historically resisted purposive interpretation (tafkÄ«r maqÄá¹£idÄ«), which considers both the broader objectives of Islamic law and the specific social context in which texts were issued when deriving legal rulings (al-Khishn 1433).
Al-Khishn emphasises that environmental awareness alone is insufficient; it must be coupled with legislative action. From an Islamic perspective, the jurist (faqīh) is responsible for deriving environmental rules and laws, necessitating a thorough understanding of environmental issues before engaging in interpretation (al-Khishn n.d.b.).
Al-Khishn presents a broader interpretation of ḥÄkim (ruler) than traditional ShÄ«Ê¿Ä« understanding. He portrays the ḥÄkim as having authority (á¹£alÄḥiyya) and responsibility (masʾūliyya) to derive solutions (ijtirÄḥ al-ḥulÅ«l) for contemporary issues, including environmental problems, not addressed in primary Islamic rulings. Notably, the wording acknowledges different models of Islamic governance, mentioning both the principle of consultation (mabdaʾ al-shÅ«rÄ) and the guardianship of the (see al-Khishn n.d.a.).
This discussion of divine speech is conceptually distinct from Ê¿ilm al-kalÄm as a discipline. While Ê¿ilm al-kalÄm traditionally referred to dialectical theology or rational argumentation about religious doctrines, DÄmÄdâs analysis focuses specifically on how divine speech manifests through creation itself.
