4. Casos de consultas en el Perú
6.1. Regulación del Derecho a Consulta Previa en La Legislación Comparada
There are many definitions for the environment and it is important to define the environment in this study. The meaning of environment in the framework of the Islamic perspective is different from the meaning of environment in general. To define it from an Islamic perspective, the origin of the word ‘environment’ must be clarified. In Islam, environment means‘ Hold the Place’ which means to choose the location and organize it and make it suitable before settling in it.360 According to Abu-Sway, the environment is mentioned in the Holy Quran and Al-Sunnah as the place from which God and only God was to be worshipped. The environment can be considered as a group of components that are found to serve humankind in worshipping God. Therefore, there is a crucial relationship between humans and the environment.361
The term of environment is an Islamic term as the Holy Quran in many verses contains derivatives of the term of environment such as in Holy Quran, Surat Yunus, Verse 87.362For more details of these verses, the reader can refer to the appendix.
The Holy Quran does not use the word ‘environment’ directly to mean the place where humans live but uses other descriptions, as in verse 56 in Surat Yusuf (Joseph) where the word ‘land’ is used instead of environment. Environment in the Holy Quran means both living organisms and non-living elements on the surface of the earth such as plants, animals, humans, air, water and soil.
Abu-Sway demonstrated that the universe and environment consists of many components. All of these components shape the universe and damage to any component will affect the others since they are all connected. Human beings are considered parts of the universe or environment and
360Mounir, M. (1999)Pollution and Environmental Protection: Environmental Issues from an Islamic Perspective Egypt, Dar Al Fajr for Publishing and Distribution, pp.11-12.
361Abu-Sway, M.(1998)Towards an Islamic Jurisprudence of the Environment. Paper based on a lecture given at the Belfast Mosque in February 1998.
362 Holy Quran, SuratYunus, Verse 87.
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the Islamic religion declares the importance of the relationship between humankind in the environment.363
According to Abu-Sway, these components can be damaged in several ways. Water is considered as a very important aspect of life; as God said in the Holy Quran: ‘…We made from water every living thing…’Individuals can pollute the sea environment in several ways, such as dropping waste. Also, the land can be damaged in many ways and both the Holy Quran and Al-Sunnah encourage individuals to maintain the cleanliness of the land. As Prophet Mohammed said:“Faith is some seventy branches, the highest of which is ‘There is no god but Allah’, and the least is removing obstacles from the path of people, and that shyness is a branch of faith.” The land can be damaged by human kind in many ways such as putting material obstacles on the ground or dropping solid waste. In addition, the Holy Quran and the Sunnah explain the importance of maintaining the cleanliness of the air which can be polluted from smells both inside homes and in open spaces.364
3.16.23 Islamic View Of Environment And Nature Compared With Western View
The aim of studying nature in Islamic Shari’ah is for humans to discover God and to use natural resources in ways which can help and assist human beings. Mankind can use nature as a source of food and all people are equal to seek food whether from the land or from the sea. All activities that cause harm to mankind and in turn destroy nature are forbidden. When seeking food sources, human beings have a duty to protect the environment365.The Holy Quran emphasizes the nature of the good work that human beings do when they protect their environment.366363 Abu-Sway, M(1998). Towards an Islamic Jurisprudence of the Environment. Paper based on a lecture given at the Belfast Mosque in February 1998.
364Ibid.
365Faruqi YM. [2006]. Contributions of Islamic scholars to the scientific enterprise. International Education Journal. 7 (4):391-399.
366Iqbal M. (1986) The Reconstruction of Religious Thought in Islam. Iqbal Academy Pakistan: Institute of Islamic Culture.
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In Islamic law Muslims have legislation which is suitable to use in matters of international arbitration to settle disputes between the parties of the arbitration, including disputes about the environment and its care.367
3.16.24 Marine Environment In Relation To The Rituals Of Islam
Today, one of the problems in relation to the teaching of Islam is that Islamic teachers can be selective in their teachings which gives the impression to the worshippers that Islam is not interested in dealing with certain issues. Those who have studied Islam know that it has a viewpoint, idea, philosophy, and makes provision for every major issue of life. Islam is fundamental to the psychological, social, educational, economic and environmental concerns of human life. Islam stresses the importance of caring for the environment. Islamic sciences have been created by the divinity that created the universe ‘who has perfected everything he created’368 Also, Muslims believe that we will not see in the creation of the universe any imperfection369.
Any imperfection is man-made and does not come from Allah. An example is a religious precept from the prophet Mohammad (PBUH) which forbids us to urinate in stagnant water then use it for ablutions or for bathing. The Prophet (PBUH) curses those who disposes of human waste in water, in the street or in the shade, where it will spoil the environment.370
The verses of the Holy Quran and the Sunnah Hadiths clarify the ways in which water can be protected from all kinds of pollution such as oil pollution. At the time of the Prophet Mohammed (PBUH) there were few sources of water pollution unlike today.
The Prophet Mohammad (PBUH) says, ‘Allah wrote charity on everything’. If we look at the science of jurisprudence rules which are concerned with the purposes of the law, the five necessities that Islam conserves are: maintain religion, self-preservation, maintenance of cattle, maintenance of money and maintenance of the mind. All these necessities have a relationship to the environment; any disruption of the environment will have an effect on our health, and will 367 Ibid. p.22
368Holy Quran, SuratAlSajda, Verse 7. 369 Holy Quran, SuratAlMulk,Verse 3
370 Abu Bakr Ahmed, (1983)Basic Paper on the Islamic Principles for Conservation of the Natural Environment Jedda, Department of Islamic studies at King Abdul Aziz University, pp.13-20.
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also impact on our descendants. Islamic sciences have a close relationship with the care and protection of the environment.371
3.16.25 Examples Of Islamic Rituals Concerning The Marine Environment
According to Abu-Sway, there are many examples in the Holy Quran and Al-Sunnah where God and the Prophet Mohammed (PBUH) encourage people to take care of the marine environment. For example, in the Holy Quran, Surat Al Anam(Cattle), Verse 165. In this verse, God is confirming the importance of protecting nature, especially the marine environment:‘Then we made you heirs in the land after them, to see how you would behave!’372
Another example from Al-Sunnah is the “hadith” of prophet Mohamed (PBUH) when he explained that the world is sweet and appealing, and Allah placed human beings as vice-regents therein. So, the prophet asked human beings to be more careful of what they do in this world. 373 This ‘hadith’emphasises the importance of keeping the marine environment clean, as human kind must use water sources appropriately.