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Towards
an Islamic Jurisprudence of the Environment
Protecting
the Human being Against Noise Pollution:
Islam
took care of the human being and made sure that he should not be
subjected to loud and annoying noises to prevent harm to him both
physically and psychologically. The Hadith states that loud noise is
foolish and harmful. In the Qur’anic, Luqman advised his son
saying:
“…and
lower thy voice; for the harshest of sounds without doubt is the
braying of the ass.”
(Qur’an, 31:19)
The
Islamic Shari`ah does not allow loud voices in the mosques, even if
it is Qur’an that is recited. The right of the others to pray
peacefully or to recite the Qur’an quietly on their own, during
times other than the obligatory prayer which is performed together,
should be respected.
The argument goes that if a loud voice reciting the Qur’an, using
loud speakers, is prohibited because it harms and annoys people,
then other sources of noise pollution deserve the same judgment;
they are prohibited. It is already established that if one is
subjected to loud noise over a long period of time, it reduces the
person’s hearing ability and possibly psych-somatic illnesses.
The
agreed upon major aims (maqasid) of the
Shari
`ah, through out of its history and until
recent times, are five: protection of religion, life, mind,
offspring, and property. Sheikh Muhammad Al-Tahir Ibn `Ashur (d.
1973) went beyond the original five and added another two: equality
and freedom.48
This
paper firmly believes that protecting the Environment is a major aim
of the
Shari
`ah.
I am not adding to the aims of the
Shari
`ah;
I am only discovering one more. Looking at the original five, we
would recognize that to protect the environment is a major aim. For
if the situation of the environment keeps deteriorating, there will
ultimately be no life, no property and no religion. The environment
encompasses the other aims of the
Shari
`ah.
The destruction of the environment prevents the human being from
fulfilling the concept of vicegerency on earth. Indeed, the very
existence of humanity is at stake here. Excessive pollution might
lead to sterility, deformities, abortion and chronic diseases.
As far as protecting the mind or reason, the highly polluted
industrial cities might not see the sun for long days resulting in
deep depressions which effects the person’s ability to rationalize
properly. Certain radiation might also destroy the brain.
The attempt to protect the property will also be in vain in the
context of a highly polluted environment. There are already many
rivers and lakes that are considered dead with no marine life. This
is a direct result of acid rain which destroys also forests. These
forests and water sources form the natural habitat of many species;
their death means the possible extinction of some of the Signs
pointing in the direction of God.
To consider the protection of the environment as one of the major
aims of the Shari`ah will hopefully enable the neo-model of Islamic
civilization a chance to be advanced as an alternative to the
already existing western model which is the primary source of
pollution.
Adopting this position makes it imperative for the Muslim
governments to establish laws for the protection of the environment
and implement them.
This
paper is a modest attempt to show that the Islamic world-view is
indeed comprehensive and that it could adopt itself and live up to
the new challenges that face humanity. Moreover, the Islamic
position is considered a via media compared to the extreme positions
regarding the environment. Finally, like in every problem that
challenges the Muslim Ummah, the Qur’an and the Sunnah have an
appealing tone. As such, it is hoped that such a topic will find the
right place among the other issues in books of jurisprudence. We
cannot afford to remain indifferent, or to think that environmental
issues are alien to the Islamic world-view.
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