General principles of environmental rights a comparative study between man-made laws and Islamic jurisprudence

The environment is one of the most important sources of life, which the individual must preserve and sanctify. Since ancient times and eras and in the heavenly religions that came after the dark ages, and it was a light to the right path, it showed the reality of the environment and how sacred it is to its Creator, and the best religions that strengthened this resource 1400 years ago is the true Islamic religion and how it showed through the noble verses and honorable hadiths this basis After him, the positive law came to give its touch to the importance of the environment, and it did not add or add anything because Islam preceded it in every ruling. If the positive law was taken by the rule of Islamic jurisprudence, it would not have been powerless before the major powers controlling the land and human capabilities, so he began holding the first conference on the environment in Stockholm in 1972, and after that, the scope of environmental conservation expanded through the fact that most countries adopted special laws to protect it, and enacted some of its articles related to the environment and its elements in their constitutions.

Hence, in this research, the researcher sought to find the basic principles of environmental rights on both the jurisprudential and positive law levels.

The researcher inferred that the closest legal trend that tends to rule in terms of protecting the environment and proving the responsibility of man in front of the environment is the trend of the school (Wilayat al-Faqih), which in turn combines jurisprudence and its content of jurisprudential rulings deduced from jurisprudence, and the positive law that is necessary in order to comply The conduct of the affairs of society in a fair system, and it is worth mentioning that the research touched on some jurisprudence and status principles, where the foundations on which the jurisprudence or legal article is built are considered to be of two types, jurisprudence principles (such as the principle of succession and the principle of harm is forbidden to oneself and others, the principle of personal responsibility, the principle of justice and the principle of rejection) As for positive law (such as the principle of proportionality, the principle of precaution, the principle of necessity, the principle of danger, the principle of obligation, and the principle of prohibition or prevention).