The Concept of Ḥimāya and its Contemporary Relevance in Environmental Protection Under Shariah Law

Abstract

Environmental protection occupies a central position in contemporary global discourse. Therefore, the escalating global environmental crisis necessitates the exploration of all ethical and legal resources, including Islamic religious traditions. It argues that Islamic law offers a comprehensive ethical and legal framework for environmental stewardship. Hence, this study provides a juristic analysis of mechanisms for environmental protection embedded with Islamic jurisprudence for ecological preservation known as Ḥimāyaal-bīʾah. It further analyzes the jurisprudential tools of maqāsid al-shari’ah (objectives of Islamic Law) and siyāsah al-shar’iyah (public policy) in promoting sustainable resource management and preventing environmental degradation. The study adopts doctrinal and analytical research methodologies anchored on primary sources- the Qur’an and Sunnah, supported by classical juristic interpretation. The study demonstrates that Islamic law not only prohibits ecological harms but imposes moral and legal duty upon individuals and states to maintain environmental balance (mīzāb). It demonstrates how these mechanisms can be operationalized to address modern environmental challenges. The study concludes that the integration of Islamic juristic principles into modern environmental policies can provide a holistic and ethical grounded framework for achieving sustainable development in Muslim societies and beyond.