Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Jurisprudential Approach Regarding Environmental Crimes

Document Type : Original Article

Author
Assistant Professor, Department of Law, Payame Noor University, Tehran, Iran. (Corresponding Author)
10.22034/jccj.2025.405763.1316
Abstract
One of the important duties of the Islamic government is to explain and compile environmental laws, which in addition to compiling laws, must also monitor its implementation and take necessary measures before any damage occurs. In Islam, no person or group at any level is allowed to benefit from natural resources in a way that endangers the well-being of others or disrupts the order of the environment. Any type of activity that can cause damage to the environment is prohibited. The aim of the present research is to investigate the effective factors in environmental protection and environmental crimes based on the principles of jurisprudence, which has been analyzed by descriptive and analytical methods. The results show that one of the important things to protect and protect the environment inside every country and in the international scene is adherence to environmental protection contracts, in Islam, the general principle of acting on contracts based on the principle of asla al-zum is emphasized, which according to This rule recognizes all covenants and agreements that are concluded in the field of protection and protection of the environment, both in the internal laws of the country and in international laws, as an obligation for the governments, and all the covenants and agreements that have been approved by the parliament. According to Article 9 of the Civil Code, it is the rule of law.
Keywords

Volume 5, Issue 2 - Serial Number 2
Spring 2025
Pages 201-211

  • Receive Date 12 January 2025
  • Revise Date 04 April 2024
  • Accept Date 08 May 2025
  • Publish Date 22 June 2025