AN EXPOSITORY STUDY OF THE ISLAMIC APPROACH IN THE JURISPRUDENCE OF RIGHT TO HEALTHFUL ENVIRONMENT

Abstract

The Stockholm Conference of 1972 marked the emergence of a right-based approach to the protection of environment. Since then, it has become recognised that human rights can only be enjoyed in a pollution-free environment. The right to life may be violated by pollution of environment, which could endanger right to property as well, through interference with enjoyment of one’s property. This paper explores the various ways through which the right to a healthful environment can be ensured from the perspective of Islam. Although many articles have been written on the perspective of Islam to the protection of environment, very few exist on the rightbased approach to the protection. This paper examines the issue from the perspective of the five major principles of Sharîcah popularly referred to as Maqâsid Sharîcah.