نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Today, rapid industrial development, extensive exploitation of natural resources, and intensifying climate change have caused increasing harm to the environment, biological security, public health, and the rights of future generations, highlighting the need to reconsider criminal responses to environmental offenses. The central question of this study is under what conditions extensive and organized environmental destruction may, on the basis of Shiite jurisprudence and Iranian criminal law, fall within the scope of the concept of ifsad fi al-ard. In Imami jurisprudence, ifsad fi al-ard refers to conduct that causes serious and extensive disruption to the fundamental order and interests of society and produces broadly harmful consequences. In Iranian criminal law, Article 286 of the Islamic Penal Code likewise establishes the legal framework for this offense by emphasizing extensive conduct that seriously disrupts public order or security or causes substantial damage to property and resources. Employing a descriptive-analytical methodology and drawing on the insights of green criminology, this study examines the potential of this concept to address severe forms of environmental destruction. The findings indicate that conduct such as the intentional and extensive pollution of water resources, organized deforestation, large-scale destruction of natural resources, and harmful industrial activities may, where conditions such as intent, extensive impact, continuity, organization, and substantial harm to public interests are established, qualify as ifsad fi al-ard from both jurisprudential and legal perspectives. Such an approach may contribute to strengthening criminal protection of the environment.
کلیدواژهها English