Dimanche 28 septembre 7 28 /09 /Sep 15:23
 Air, Land, and Soil

2.      Air

This element is no less important than water for the perpetuation and preservation of life.  Nearly all terrestrial creatures are utterly dependent on the air they breathe.  The air also has other functions which may be less apparent to man but which God has created for definite purposes, as we have been made aware of by the Glorious Quran -such as the vitally important role of the winds in pollination.  God has said:

“And we send the fertilizing winds...” (Quran 15:22)

The winds are also clear evidence of God’s omnipotence and grace, and the perfection of design in His creation.  He has also said:

“Verily in the creation of the heavens and the earth; in the alternation of night and day in the change of the winds, and the clouds compelled between heaven and earth surely there are signs for a people who have sense.” (Quran 2:164)

“And He it is Who sends the winds as tidings heralding His grace: until when they have raised a heavy-laden cloud, We drive it to a dead land and cause the rain to descend upon it, and thereby bring forth fruits of every kind.” (Quran 7:57)

Since the atmosphere performs all these biological and social functions, its conservation, pure and unpolluted, is an essential aspect of the conservation of life itself which is one of the fundamental objectives of Islamic law.  Again, whatever is indispensable to fulfill this imperative obligation is itself obligatory.  Therefore any activity which pollutes it and ruins or impairs its function is an attempt to thwart and obstruct God’s wisdom toward His creation.  This must likewise be considered an obstruction of some aspects of the human role in the development of this world.

3.      The Land and Soil

Like air and water, the land and soil are essential for the perpetuation of our lives and the lives of other creatures.  God has declared in the Quran:

“And the earth He has established for living creatures.” (Quran 55:10)

From the minerals of the earth are made the solid constituents of our bodies, as well as those of all the living animals and plants.  God has said in the Quran:

“And among His signs is that He has created you from dust; then behold, you are humans scattered widely.” (Quran 30:20)

He has also made the land our home and the home of all terrestrial beings.

“And God has made you grow, as a plant from the earth; then to it He returns you, and He will bring you forth a new...” (Quran 71:17-18)

And as our home, the land has value as open space:

“...and God has made the earth a wide expanse, that you may traverse its open ways.” (Quran 71:19-20)

God has made the land a source of sustenance and livelihood for us and other living creatures: He has made the soil fertile to grow the vegetation upon which we and all animal life depend.  He has made the mountains to catch and store the rain and to perform a role in stabilizing the crust of the earth, as He has shown us in the Glorious Quran:

“Have We not made the earth a vessel to hold the living and the dead?  And We have made in it lofty mountains and provided you sweet water to drink.” (Quran 77:25-27)

“And the earth, after that He has spread it out; from it He has brought forth its waters and its pastures, and He has made fast the mountains, a provision for you and for your cattle.” (Quran 79:30-33)

“And the earth, We have spread it out, and made in it mountains standing firm, and grown in it every thing in balance.  And We have provided in it sustenance for you, and for those whom you do not support.” (Quran 15:19-20)

“And a sign for them is the lifeless earth: We bring it to life and bring forth from it grain of which they eat.  And we have made therein gardens of palms and vines.” (Quran 36:33-35)

If we would truly give thanks to the Creator, we are required to maintain the productivity of the soil, and not expose it to erosion by wind and flood; in building, farming, grazing, forestry, and mining, we are required to follow practices which do not bring about its degradation but preserve and enhance its fertility.  For to cause the degradation of this gift of God, upon which so many forms of life depend, is to deny His tremendous favors.  And because any act that leads to its destruction or degradation leads necessarily to the destruction and degradation of life on earth, such acts are categorically forbidden.

The Conservation of Basic Natural Elements - Plants and Animals (1)

4.      Plants and Animals

There is no denying the importance of plants and animals as living resources of enormous benefit, without which neither man nor other species could survive.  God has not made any of His creatures worthless: every single form of life is the product of a special and intricate development by God, and each warrants special respect.  As a living genetic resource, each species and variety is unique and irreplaceable.  Once lost, it is lost forever.

By virtue of their unique function of producing food from the energy of the sun, plants constitute the basic source of sustenance for animal and human life on earth.  God has said:

“Then let man consider his nourishment: that We pour down the rain in showers, and We split the earth in fragments, and therein make the grain to grow, and vines and herbs, and olives and palms, and gardens of dense foliage, and fruits and fodder - provision for you and your cattle.” (Quran 80:24-32)

In addition to their importance as nourishment, plants enrich the soil and protect it from erosion by wind and water.  They conserve the water by detaining its runoff; they moderate the climate and produce the oxygen which we breathe.  They are also of immense value as medicines, oils, perfumes, waxes, fibers, timber, and fuel.  God has said in the Glorious Quran,

“Have you seen the fire you kindle?  Was it you who grew its timber or did We grow it?  We have made it a reminder, and a comfort for the desert dwellers.” (Quran 56:71-73)

Animals in turn provide sustenance for plants, for one another, and for man.  Their dung and their bodies enrich the soil and the seas.  They contribute to the atmosphere by respiration and by their movements and migrations contribute to the distribution of plants.  They provide food for one another and provide mankind with leather, hair and wool, medicines and perfumes, and means of conveyance, as well as meat, milk, and honey.  And for their highly developed senses and perceptions and their social interrelationships, animals are accorded special regard in Islam.  For God considers them living societies exactly like mankind.  God has declared in the Glorious Quran:

“There is not an animal on the earth, nor any being that wings its flight, but is a people like unto you...” (Quran 6:38)

The Glorious Quran mentions the aesthetic functions of these creatures as objects of beauty in addition to their other functions.  Since peace of mind is a religious requirement which needs to be fully satisfied, those things which cause it should be amply provided and conserved.  God has made in plants and animals that which excites wonder and joy in man’s soul so as to satisfy his peace of mind, a factor which is essential for man’s proper functioning and full performance.

The Glorious Quran also mentions other functions which these creatures perform and which man may not perceive, namely the functions of worshipping God, declaring if His praise and bowing down to Him as they are compelled by their very nature to do.  God has said,

“Do you not see that to God bow down in worship all things that are in the heavens and on the earth - the sun, the moon, the stars, the mountains, the trees, the animals…” (Quran 22:18)

“The seven heavens and the earth and all the beings therein proclaim His glory: There is not a thing but celebrates His praise, but you understand not how they declare His glory…” (Quran 17:44)

“To God bow all beings in the heavens and the earth - with good will or in spite of themselves…” (Quran 13:15)

Islam emphasizes all measures for the survival and perpetuation of these creatures so that they can fully perform the functions assigned to them.  The absolute destruction of any species of animals or plant by man cannot be justified; nor should any be harvested at a rate in excess of its natural regeneration.  This applies to hunting and fishing, forestry and wood-cutting for timber and fuel, grazing, and all other utilization of resources.  It is imperative that the genetic diversity of living beings be preserved - both for their own sake and for the good of mankind and all other creatures.


The Conservation of Basic Natural Elements - Plants and Animals (2)

The Prophet Muhammad was sent by God as:

“…a mercy to all beings.” (Quran 21:107)

He has shown us through his commandments and teachings, how to tend and care for these creatures.  He said:

“The merciful are shown mercy by the All-Merciful. Show mercy to those on earth, and He Who is above the heavens will show mercy unto you.” (Abu Dawud, Al-Tirmidhi)

He commanded mankind to provide for the needs of any animals under their care, and he warned that a person who causes an animal to die of starvation or thirst is punished by God in the fire of hell.[1]

Furthermore, he directed human beings to provide for needy animals in general, telling of a person whose sins God pardoned for the act of giving water to a dog in desperate thirst.  Then, when the people asked:

O Messenger of God, is there a reward in doing good to these animals?”Al

He said:“There is a reward in doing good to every living thing.” (Saheeh Al-Bukhari, Saheeh Muslim)

Hunting and fishing for food is permitted in Islam; however, the Prophet cursed anyone who uses a living creature as a target, taking a life for mere sport.[2]  Likewise he forbade that one prolong an animal’s slaughter.[3]  He declared,

“God has prescribed the doing of good toward every thing:  so, when you kill, kill with goodness and when you slaughter, slaughter with goodness. Let each one of you sharpen his blade and let him give ease to the animal he is slaughtering.”[4]

The Prophet Muhammad forbade that a fire be lit upon an anthill, and related that an ant once stung one of the prophets, who then ordered that the whole colony of ants be burned. God revealed to him in rebuke:

“Because an ant stung you, you have destroyed a whole nation that celebrates God’s glory.” (Saheeh Al-Bukhari, Saheeh Muslim)

He once ordered a man who had taken the nestlings of a bird from their nest to return them whence he got them, to their mother which was trying to protect them.”[5]

He forbade that one needlessly and wrongfully cut down any tree which provides valuable shelter to humans or animals in the desert,[6]  and the aim of this prohibition may be understood as prevention of the destruction of valuable habitat for God’ s creatures.

On the basis of the Prophetic commands and prohibitions, Muslim legal scholars have ruled that God’s creatures possess inviolability (hurmah) which pertains even in war. The Prophet of God forbade the killing of bees and any captured livestock, for killing them is a form of corruption included in what God has prohibited in His saying,

“And when he turns away, he hastens through the land to cause corruption therein and to destroy the crops and cattle: And God loves not corruption.” (Quran 2:205)

“And they are animals possessing inviolability just as do women and children.”[7]

It is a distinctive characteristic of Islamic law that all animals have certain legal rights, enforceable by the courts and by the office of the hisbah. Muslim jurists have written:

“The rights of livestock and animals with regard to their treatment by man: These are that he spend on them the provision that their kinds require, even if they have aged or sickened such that no benefit comes from them; that he not burden them beyond what they can bear; that he not put them together with anything by which they would be injured, whether of their own kind or other species, and whether by breaking their bones or butting or wounding; that he slaughter them with kindness if he slaughters them, and neither flay their skins nor break their bones until their bodies have become cold and their lives have passed away; that he not slaughter their young within their sight; that he set them apart individually; that he make comfortable their resting places and watering places; that he put their males and females together during their mating seasons; that he not discard those which he takes in hunting; and neither shoot them with anything that breaks their bones nor bring about their destruction by any means that renders their meat unlawful to eat.”[8]

Islam looks upon these created beings, both animals and plants, in two ways:

1.    As living beings in their own right, glorifying God and attesting to His power and wisdom;

2.    As creatures subjected in the service of man and other created beings, fulfilling vital roles in the development of this world.

Hence the binding obligation to conserve and develop them, both for their own sake and for their value as unique and irreplaceable living resources for the benefit of one another and of mankind.



Footnotes:

[1] Saheeh Al-Bukhari, Saheeh Muslim

[2] Saheeh Al-Bukhari, Saheeh Muslim

[3] Saheeh Al-Bukhari, Saheeh Muslim

[4] Saheeh Muslim, Abu-Dawud

[5] Abu Daud

[6] Abu Daud

[7] Muwaffaq ad-Din ibn Qudamah in al-Mughni.

[8] ‘Izz ad-Din ibn ‘Abdas-Salam, in Qawa ‘id al-Ahkamfi Masalih al-Anam.  This passage falls within a discussion of huquq al-’ibad, the rights or legal and moral claims of human beings and other creatures upon each legally responsible person. The rights or legal claims of animals are less comprehensive than those of man, and are subject to limitations such as the defense of human life and property and the requirements of human beings for food. It is, however, significant that in Islam the concept of rights or legal claims enforceable by law applies to animals as well as human beings.

Protection of Man and Environment from Harm

Damage of all forms and kinds is forbidden in Islam.  One of the fundamental principles of Islamic law is the Prophetic declaration:

“There shall be no damage and no infliction of damage.” (Al-Hakim)[1]

Prevention of damage and corruption before it occurs is better than later treatment.  Another important juristic rule in Islamic Law states, “The averting of harm takes precedence over the acquisition of benefits.”  Accordingly, all activities which aim at achieving good and securing benefits by way of satisfying human needs, providing services and developing agriculture, industry, and means of communication should be carried out without causing significant damage, injury, or corruption.  It is therefore imperative that precautions be taken in the processes of envisaging, planning, and implementing such activities so that, as far as possible, they may not be accompanied by, or result in, any form of damage or corruption.

1.      Wastes, Exhausts, Cleansing Materials, and Other Toxic and Harmful Substances

Waste products and exhaust fumes, resulting from ordinary human or industrial activities and the uses of modern and advanced technology, should be carefully disposed of or eliminated in order to protect the environment against corruption and distortion.  It is also vital to protect man from the effects of the harmful impact of these on the environment, and its beauty and vitality, and to ensure the protection of other environmental parameters.  The accumulation of waste is largely a result of our wastefulness.  Islam’s prohibition of wastefulness, however, requires the re-use of goods and recycling of materials and waste products in so far as is possible, instead of their disposal as trash.

The Prophet forbade that a person relieve himself in a water source or on a path, or in a place of shade, or in the burrow of a living creature.[2]  The values underlying these prohibitions should be understood as applicable to the pollution of critical resources and habitats in general.  Waste products, exhaust fumes, and similar pollutants should be treated at their sources with the best feasible means of treatment, and care should be taken in their disposal to avoid adverse side effects that lead to similar or greater damage or injury.  The juristic principle in this connection is, “Damage shall not be eliminated by means of similar or greater damage.”

This is also true of the harmful effects of cleansing agents, and other toxic or harmful materials, used in homes, factories, farms, and other public or private premises.  It is absolutely necessary to take all possible measures to avoid and prevent their harmful effects before they occur, and to eliminate or remove such effects if they do occur in order to protect man and his natural and social environment.  Indeed, if the damage resulting from these materials proves greater than their benefits, they should be prohibited.  In this case, we should look for effective and harmless, or at least less harmful, alternatives.

2.      Pesticides

These same principles apply equally to all pesticides, including insecticides and herbicides.  The use of such materials should not lead to any harm or damage to human beings or the environment in the present or the future.  Consequently, control and prohibition of whatever leads to harm or damage, to people or to ecosystems, is required, even though this control or prohibition may affect the personal interests of some individuals.  This is in accordance with the principle that “A private injury is accepted to avert a general injury to the public.”  All legitimate and lawful means should be used to avoid and prevent damage or harm, provided that such means do not lead to, or cause similar, or greater, damage.  The juristic rule in this connection is “The lesser of two evils should be chosen.”  If the use of such pesticides is unavoidable, then “Dire necessity renders prohibited things permissible.”  However, “Every necessity shall be assessed according to its value,” and “That which is permitted on account of an excuse ceases to be permissible with the cessation of that excuse.”

The most selective and least destructive means of pest control are required by these values and principles of Islam.  Preventive measures, biological controls, non-poisonous repellents, biodegradable substances, and narrow-spectrum pesticides should be favored whenever possible over their more destructive alternatives.  Furthermore, their application should be carefully calculated to protect human life, crops, and livestock with utmost efficiency and effectiveness, and with an eye to make the minimum overall impact on God’s creation.

3.      Radioactive Substances

The principles mentioned above apply to radioactive substances as well, which are not only extremely toxic, but also remain so over extremely long periods of time.  We should prevent and avoid the harmful effects of their use on people and ecosystems.  It is also imperative that we satisfactorily dispose of all radioactive wastes.  Special precautions are required to prevent the discharge of such wastes from nuclear facilities, whether due to carelessness or malfunction, and to avoid all harmful effects from the testing of nuclear explosives.

4.      Noise

Since industries, mass communication and transport tend to be accompanied by, and associated with, noise, it is necessary to look for all possible ways and means of avoiding and minimizing this noise.  Noise has a harmful impact on man and the living elements of the environment - hence the necessity of reducing and preventing this harm as far as possible and by every means, according to the rules and injunctions of Islamic Law.

5.      Intoxicants and Other Drugs

It is also clear that intoxicants and narcotics have a harmful effect on the physical and mental health of human beings and, as a consequence, on his life and reason; his offspring, work, properties, honor, and righteousness.  It has been proven, without doubt, that intoxicants and other drugs cause considerable physical, social, and psychological disorders.  Therefore, all kinds of intoxicants and mind-affecting drugs have been prohibited in Islam.  Their production and marketing as well as of anything that is associated with them or assists in their production is forbidden.  This shows the concern of Islamic legislation over fourteen centuries for the protection of human life and the conservation of the social and physical environment against all forms of corruption, harm, damage and pollution.

6.      Natural Catastrophes

All necessary precautions should be taken to minimize the effects of catastrophes which befall man and the environment, such as floods, earthquakes, volcanic eruptions, storms, natural conflagrations, desertification, infestations, and epidemics.  It must be recognized that natural disasters are sometimes caused, at least in part, by acts of man, and that the consequences of their occurrence by way of loss of life and property are, in many cases, aggravated by inappropriate settlement, building, and land use practices.  Accordingly, their impact can be largely mitigated by planning with foresight, based on the understanding of natural processes.  Unsuitable land use practices and activities should not be permitted in areas inherently, or potentially, hazardous to human life and health or in areas vulnerable to the disruption of natural processes.

Protection of human life, property, and interests is essential and necessary and “Whatever is indispensable to fulfill an imperative obligation is, in itself, obligatory.”  Islamic law maintains that “Damage should be eliminated,” and “Damage should be removed to the extent that is possible.”  However, the protective measures that are taken should not lead to other adverse effects in accordance with the principle, “Damage shall not be eliminated by means of similar damage.”



Footnotes:

[1] This, and the subsequent legal principles are well known, and unless otherwise referenced, are found in the books of al-Ashbah wa ‘n-Naza ‘ir by Jalal ad-Din as-Suyuti and Zayn al-Abidin ibn Nujaym, and in the Majalat al- Ahkam al-’Adliyah.

[2] Abu Dawud

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