حماية البيئة في الشريعة الإسلامية في ضوء قاعدة (لا ضرر و لا ضرار)‎ : دراسة مقارنة

Abstract EN

This research with the subject of environmental protection in a comparative framework between the Iraqi Islamic Sharia law, and environmental law, which of the topics very modernity in the area of legal studies and in particular with regard to forensic in the field of environmental protection.

The attention to the protecting of the environment was demonstrated long time ago ,the outcome of the positives of that cannot be overlooked ,The most important being the issuance of all states and at different levels of numerous laws dealing with the protection and preservation of the environment , This version issued Iraqi legislator Law No.

(37) for the year 2008 (Private) environmental protection, also issued Law No.

(27) for the year 2009 and which explained how to protect the environment.

Although this Islamic law prevented the man from spoiling the environment Btheloatha or aggression on natural components in addition to urging the need for reconstruction and preserve the environment from the content of the Hadith: "do no harm", which became the base sticking out in all areas of life.The research is divided into two chapters, and has shown in the first chapter the general framework of the topic and in chapter 2 research showed the demonstrate the applications of the base would do no harm" and do no damages" to the environment of its elements..

" The research has emerged a number of findings of the most important: ;that Islamic Sharia paid in the protection of the environment for more than fourteen centuries the measures to protect the environment from pollution and assault and protecting the human right to healthy and clean, reflecting one of the aspects of legislative inimitability Islamic Sharia.

environment, which reflects aspects of a legislative miracle of Islamic law.

One of the most important recommendations of the research need to disseminate Islamic environmental thought, to inform people that protection of the environment is one of the duties that are no less important than the other duties The research also recommends that the need for the Iraqi legislature by expressly on the human right to live in a healthy and clean environment free of pollution ,It also recommended the need for the Iraqi law issuing a new law to protect the environment instead of law No (27) of 2009 and to cope with legislative developments in the field of protection of the environment