Institutions Conservation and Sustainable

by **samirisaoui** Sun Jan 05, 2014 2:53 am

Among the prerequisites for effective conservation of the natural environment are appropriate institutional arrangements by which society may allocate the usufruct of natural resources, by which the users may be made responsible for their proper maintenance, and through which models, encouragements, and in incentives are established for their beneficial use and enhancement.
(a) Land reclamation or revival (ihya’al-mawat)
Normally, in Islamic law, any person who brings life to unowned land by undertaking its cultivation or reclamation or otherwise putting it to beneficial use acquires it as his private property. Only those actions which bring new life to the land confer ownership; mere exploitation does not constitute revival. Revival gives people a powerful incentive to invest in the sustainable use of the land to provide for their welfare and the welfare of their families and descendents. However, lands in which development would be injurious to the general welfare are not acquired through revival.
The governing authorities have the right and obligation to prevent the development of vacant land wherever such development would result in environmental damage, abrogate previous- ly established rights, or remove an indispensable resource from public access. This includes all lands which are set aside as reserves (hima) for the general good, inviolable zones (harim) protecting water resources and other utilities, communal pasture lands and woodlands pertaining to villages, and lands containing resources which are indispensable to the welfare of the community.
The governing authorities have the right to make grants (iqta’) of unowned land for purposes of reclamation such as agriculture, horticulture, building, and other kinds of development, so as to channel such developments to suit- able locations and away from unsuitable locations. Land grants may also serve as means of compensation to people whose lands are appropriated for a public good, or in whose lands development is restricted in the public interest. Land grants are subject to the principles that govern revival: They may not contain resources upon which the public welfare depends. A grant does not in itself confer ownership; only that land which the recipient actually revives becomes his property. Whatever land the recipient fails to develop within a reasonable time returns to its previous unowned state, so that others may benefit from it.
The governing authorities have the right to institute the lease (ijarah) of state- owned lands or to grant their usufruct (iqta’ manfa’at al-ard or iqta’ al- istighlal) for the purpose of reclamation, and to specify the kinds of improvements to be undertaken or the crops to be grown, and the management practices and techniques of fanning, building, and so forth, to be employed. Long-term leases and grants of usufruct give the recipients an incentive to in- vest in the sustainable use of the land while making them directly accountable to the authorities which maintain control and supervision over its utilization. Lease and grant of usufruct are well suited for environmentally vulnerable lands which require special management practices.
(b) Reserves (al-hima)
The governing authorities have the right and obligation to establish reserves (hima) for purposes pertaining to the public good, such as the conservation and management of rangelands, forests and woodlands, watersheds, and wildlife. While the Prophet, upon him be blessings and peace, abolished private reserves for the exclusive use of powerful individuals, he established public reserves in the way of God for the common good, as did the Rightly Guided Caliphs after him. The governing authorities should establish such reserves in the most strategic and suitable locations for range enhancement and management, wildlife protection and propagation, woodland preservation, and watershed conservation and improvement. Within such reserves development, woodcutting, grazing, and hunting may be prohibited or restricted in accordance with the special purposes of each reserve.
(c) The two inviolable sanctuaries (al-haramaan)
Islamic law defines each of these places as an inviolable sanctuary within which the injury of wild animals and plants is forbidden.
The sacred territory surrounding Makkah is a sanctuary for human beings, wildlife, and native vegetation. The Prophet Muhammad, upon him be blessings and peace, declared on the day that Makkah submitted to Islam, “It is sacred by virtue of the sanctity conferred on it by God until the day of resurrection. Its thorn trees shall not be cut down, and its game shall not be disturbed, and the objects lost within it shall be picked up only by one who will announce them, and its fresh herbage shall not be cut.” ‘Abbas suggested, “O Messenger of God -except for al-adhkhir (Cymbopogon schoenanthus, sweet rush or lemon grass), for it is used by their artisans and in their homes.” So the Messenger of God, upon him be blessings and peace, said “Except foral-adhkhir. [1] Strict avoidance of injury to native vegetation and wildlife is possible only through minimization of negative impacts on their environment. All planning, design, and construction within the sacred precincts of Makkah should therefore be carried out with extraordinary sensitivity and care.
The Prophet Muhammad, upon him be blessings and peace, established a similar sanctuary between the mountains and lava flows surrounding al- Madinah, saying, “Verily Abraham declared Makkah a sanctuary and I declare al Madinah, that which lies between its two lava flows, a sanctuary; its trees shall not be cut and its game shall not be hunted.” His companion Abu-Hurayrah stated, “Were I to find gazelles in the land between its two lava flows, I would not disturb them; and he (the Prophet) also made the environs of al-Madinah for twelve miles a reserve (hima). [2]
(d) Inviolable zones (al-harim).
Islamic law designates various unbreakable zones within which developments are prohibited or restricted to prevent the impairment of utilities and natural resources.
In Islamic law, every town and village should be surrounded by an inviolable zone within which the right to acquire vacant land through its development is restricted. These municipal common lands are to be managed by the people of the settlement to provide for their needs such as forage and firewood and the like, and to facilitate their use and development of it in the manner most conducive to their long-term welfare.
According to Islamic law, sources of water such as seas and lakes, rivers, springs, wells, watercourses, and utilities such as roads and squares should have inviolable zones resembling easements to prevent their impairment, to facilitate their use and maintenance, and to preclude nuisances and hazards. The governing authorities have the right and obligation to prevent the violation of these zones.
(e) Charitable endowments (waqf)
Islam encourages individual Muslims to participate in the conservation and wise development of the environment through various gifts, bequests, and loans. The most important institution of Islamic law in this regard is the charitable endowment (waqf), which constitutes the major avenue for private contribution to the public good. It is related that when the Caliph ‘Umar ibn al-Khattab acquired land in Khaybar, he came to consult the Prophet, upon him be blessings and peace, and said, “0 Messenger of God, I have acquired land in Khaybar; never have I received property dearer to me than this; so what do you command me to do with it?” And the Prophet, upon him be blessings and peace, replied, “If you wish you may make it an endowment and give its produce as charity.” His son, Ibn ‘Umar, remarked that “Umar gave it in charity, declaring that it must not be sold or gifted or inherited, and that its yield would be devoted to the poor, to kinsfolk, to the freeing of slaves, for the cause of God, for travelers, and for guests. [3]
The waqf may take the form of a land trust dedicated in perpetuity to charitable purposes such as agricultural and range research, wildlife propagation and habitat development, a village woodlot, or a public cistern, well, or garden; or it may take the form of a fund or endowment for the financing of such projects. The governing authorities may set provisions and standards for such waqf lands and funds, and for the qualifications of their managers, so that the benevolent objectives of such projects may be effectively fulfilled.

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