Protection of the Environment during War in Islamic Law Literature

Abstract

Human-centered environment issue is a phenomenon in the agenda as old as human history. In the earlier periods, it was not regarded as a common problem because environmental damage was not at a level that will negatively affect the ecosystem and living beings. In the modern period, especially after the industrial revolution, some solutions have been developed in national and international level after taking into consideration the damage of the environmental problems to animals and ecosystem on a global scale. Even though countries that were experiencing the problem on a national scale made some work on the issue, at the international level the problem has been brought to the agenda for the first time at the 1972 Stockholm Declaration in order to protect the environment. The Qur'an does not approve any illegitimate war against a state or a community. It is not recorded any war against a community by Prophet Muhammad without a legitimate reason. Islamic law proposes maximum legality and morality during a legitimate war. It is also seen that this Islamic perspective is grasped in terms of protecting the environment. When analyzing the opinion of jurists of the Islamic Law, it is seen that unnecessary destruction of the environmental values such as houses, trees and green spaces is prohibited, as a basic principle. Starting from this principle, the views of Islamic jurists about the provisions regarding damaging environmental factors such as trees, building, and green areas are limited on if there is military necessity. Thus, damage to the environment during the war is valid only for purposes of creating shield. The legitimacy of this requirement is also limited to not demolish unnecessarily. Keywords: Islamic Law, Law, War, Environment, Environmental Protection.