On the Conflict between Human’s Rights of Environment and Development from the Perspective of Divine Law
Document Type : Research Paper
Authors
1 Assistant Professor of Jurisprudence
2 M.A Gradute of Private Law, Shaahed University
10.22034/ra.2020.113238.2384
Abstract
The conflict between human’s right of environment and his right of development has been amongst intricacies in the field of environment because, on one hand, the development is inevitable for human life and on the other, development almost results in the destruction of the environment. Therefore, to solve this problem, the United Nations has underscored the principle of sustainable development in many international treaties including declarations of Rio and Stockholm in which protecting the environment and securing the needs of the coming generations is axiomatic. Studying Quranic verses, tradition and views of scholars, the current study has explained the view of divine law on this conflict and uncovered the inefficiencies of the principle of sustainable development. It is also suggested that the solution to the conflict resides in the Islamic justice-based development. Institutionalization of the holiness of environment, environmental ethics, environmental religious commandments, Islamic environmental law, universal and systematic justice, and intra-generation justice are amongst the principles of Islamic justice-based development.
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