أثر الصيد الجائر على البيئة : دراسة في ضوء الفقه الإسلامي

الملخص EN

The Impact of Poaching on The Environment: A Study In The Light Of Islamic Jurisprudence  Abu al-Khair Nashat Ahmed Atta  Jurisprudence Department, Faculty of Sharia & Law in Cairo, Al-Azhar University, Cairo, Arab Republic of Egypt.

  Email: aboelkher.2012@azhar.

edu.

eg    This research aims to show the bright and purposeful role of Islamic law in preserving and caring for the natural environment, in the form of caring for living creatures, by presenting the legislative approach to preserve nature from overfishing, and explaining the mechanisms followed in order to achieve this.

The research relied on two approaches, which are the descriptive method, which is concerned with describing the phenomenon of overfishing, and the historical method that traces the emergence of the phenomenon and its impact on the environment.

 This research reached to conclusions, including:  that the Islamic Sharia was the first to set the rules and legislations that guarantee the safety, stability and beauty of the environment, and preserve its various resources.

Islamic jurisprudence has included many provisions for dealing with animals and birds, which preserve their existence.

Overfishing is an international problem that affects the world, especially in areas rich in fish and wild animals, which threatens to reduce the wealth that these countries possess.

Overfishing has many reasons, but despite its abundance, it is not a justification for the overhunting of animals and birds, which may lead to their extinction, depletion of environmental resources, loss of biodiversity, and an imbalance in the ecological balance.

Therefore, Islamic law has set guidelines for hunting, including:  that hunting should not be for entertainment or tampering with the catch, and forbade hunting mothers if that harms the offspring, and it also forbids hunting at the time of the reproduction of animals.

 Among the findings of the study is that poaching is a crime against the terrestrial and marine environment, as it is considered a kind of illegal trade in wildlife, and thus it is punishable in Islamic jurisprudence and law.

The ruler may intervene to prevent illegal hunting operations, based on the basis that the imam's disposal of the parish is dependent on the interest, and that he has the right to restrict what is permissible, if it leads to harm.

  Keywords: impact - hunting - unfair - environment - punishment - Islamic jurisprudence