On the Possibility of a New Classification of Maqāsid al-Sharīa on axis Eco-Fiqh

Abstract

Since Islamic law addresses all of God’s creations, it aims to find solutions to all problems related to human, life and universe. Eco fiqh, which deals with environmental issues with globalization, is a new field of Islamic law. Scholars, who think that the essence of fiqh is maslaha, say that it is necessary to evaluate non-human beings as a part of ecology.Some general principles in fiqh are understood to preserving environment. In the uṣūl al-fiqh, the protection of the environment is associated with the maqashid al-sharīa. Sātibī and Qordāwī are leading in this regard. In her work, Qordāwī dealt with hifdzul bi’ah (preserving environment) through human beings within the scope of dārūriyat al-hamse. Associating the protection of the environment through human being does not conform to the equality of God’s creations. This study aims the possibility of emphasizing this equality and considering the preserving environment as an independent entity.