نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Environmental protection has evolved from a purely administrative concern into a fundamental component of public order, ecological security, and sustainable development. Environmental guardians—including rangers, forest officers, environmental inspectors, wildlife protection personnel, and other officials responsible for safeguarding natural resources—play a crucial role in enforcing environmental regulations and protecting public interests. This article examines the jurisprudential and legal foundations of ta'zir-based criminal protection for environmental guardians within the legal systems of Iran and Saudi Arabia through a descriptive-analytical and comparative approach.
The study argues that although classical Islamic jurisprudence does not contain an independent chapter devoted specifically to environmental crimes or criminal protection of environmental guardians, several general Islamic legal principles provide a coherent normative basis for such protection. Among the most important of these principles are trust (amanah), the prohibition of corruption on earth (fasad fi al-ard), the no-harm rule (la darar), public ownership of natural resources (anfal), public interest (maslahah), and the objectives of Islamic law (maqasid al-shari'ah). These principles collectively support the criminalization of conduct that harms the environment and obstructs those entrusted with its protection.
The research further demonstrates that ta'zir serves as the primary mechanism through which Islamic criminal law can respond to contemporary environmental challenges. Through discretionary punishments, the state is empowered to criminalize environmental destruction, illegal exploitation of natural resources, attacks against environmental officers, and actions that hinder environmental enforcement activities.
Comparative findings reveal that Iran possesses strong constitutional and jurisprudential foundations, particularly through Articles 4, 45, and 50 of its Constitution. Nevertheless, criminal protection of environmental guardians remains fragmented across various statutes and is generally provided through broader provisions protecting public officials. In contrast, Saudi Arabia’s Environmental Law of 2020 offers a more centralized framework for environmental enforcement, inspection, sanctions, compensation, and environmental restoration. Despite these differences, both legal systems lack explicit and independent criminal provisions specifically designed to protect environmental guardians. The article therefore recommends formal legal recognition of environmental guardians and the establishment of independent ta'zir-based criminal protections to strengthen environmental governance and ensure effective implementation of environmental law.
کلیدواژهها English