Mechanisms for Promoting Environmental Citizenship in Algerian Society (Examples from the Objectives of Islamic Law and Jurisprudential Principles)

X RESEARCH x ARTICLE Mechanisms for Promoting Environmental Citizenship in Algerian Society (Examples from the Objectives of Islamic Law and Jurisprudential Principles) \ \ PhD Student > Daoui Hicham Third-year PhD student at the Higher Institute of Civilization, Al-Zaytouna University Tunisia \ \ \ Email: Doi Serial Keywords Environmental citizenship, Islamic Sharia, jurisprudential maxims, environmental protection, Algeria, sustainable development, religious institutions, environmental education Abstract

Praise be to Allah, who revealed in His Book that which ensures the well-being of humanity in both their worldly lives and their Hereafter. Peace and blessings be upon the chosen Prophet, Muhammad ibn Abdullah, and upon his family and all his companions.

To proceed:

Indeed, Allah the Almighty created man and facilitated for him the means of life in this world. He subjected to him what is on earth to aid him in building it and in fulfilling the purposes of his existence. Allah permitted him to benefit from the blessings of the universe and commanded him to make good use of them within the bounds of wisdom and moderation. However, man has often neglected this responsibility and pursued comfort and luxury without consideration for the harm such behavior might cause. This has led to damage to the environment in which he lives, including harm to humans, animals, and plants.

Published: 04.06.2025 (available online)

This scientific and technological advancement—despite its numerous benefits—has produced negative consequences that have impacted the environment and its components, causing pollution and degradation, and directly threatening the lives of living beings. Thus, an urgent need has arisen to adopt effective measures and clear mechanisms to protect the environment from such abuse, whether from the perspective of Islamic Sharia or through positive legal systems, foremost among them being Algerian law.

It is from this standpoint that the present study has emerged, under the title:

"Mechanisms for Promoting Environmental Citizenship in Algerian Society (Examples from the Objectives of Islamic Law and Jurisprudential Principles)", with the aim of shedding light on the efforts made within both systems and examining the extent to which they align in addressing this critical and existential issue.

First: Importance of the Study

• 1.    This research addresses a central issue in the modern era—environmental protection—and approaches it from a Sharia-based and jurisprudential perspective.

• 2.    It highlights how major jurisprudential principles and the higher objectives of Islamic law (Maq as id al-Shar i' a) can contribute to fostering responsible environmental behavior.

• 3.    It sheds light on the concept of environmental citizenship as a modern notion that can be grounded within the Islamic framework.

• 4.    It demonstrates the balanced relationship that Islam establishes between human beings and the environment as part of their religious responsibility.

• 5.    It links Islamic legal principles with the real-life environmental challenges faced by Algerian society.

Second: Objectives of the Study

• 1.    To clarify the Sharia-based framework that governs the relationship between humans and the environment through major jurisprudential principles and the higher objectives of Islamic law.

• 2.    To emphasize the importance of environmental protection as a religious and human duty.

• 3.    To activate the concept of environmental citizenship in light of Islamic references.

• 4.    To derive practical and applicable Sharia-based mechanisms for environmental protection in Algeria.

• 5.    To highlight the role of religious and educational institutions in promoting a sustainable environmental culture.

• 6.    To provide scientific recommendations that contribute to formulating environmental policies more aligned with Islamic values.

Third: Research Problem

The relationship between human beings and the environment is one of the core issues in contemporary thought, due to the serious threats posed by environmental challenges to human life and cosmic balance. In light of these challenges, a critical question arises concerning the extent to which Islamic references— represented by the higher objectives of Sharia and major jurisprudential principles—can offer a guiding framework that helps instill responsible environmental behavior and activate the concept of environmental citizenship in Muslim societies in general, and in Algerian society in particular.

Hence, the central research problem can be formulated as follows:

To what extent can environmental citizenship be promoted in Algerian society in light of the objectives of Islamic Sharia and major jurisprudential principles, and what are the possible Sharia-based and educational

mechanisms to achieve this?

This main question gives rise to several sub-questions, including:

• 1.    What is the concept of environment and environmental citizenship from both Sharia-based and legal perspectives?

• 2.    What are the major jurisprudential principles that regulate the relationship between humans and the environment?

• 3.    How do the objectives of Islamic law contribute to building comprehensive environmental awareness?

• 4.    What preventive and educational mechanisms can be employed in the Algerian context to protect the environment?

Fourth: Research Methodology

This study adopts an inductive-analytical approach by tracing relevant religious texts and the views of jurists and scholars of Maq as id (objectives of Islamic law) related to environmental protection. These sources are then analyzed to extract both theoretical and practical frameworks that support the concept of environmental citizenship. Additionally, the comparative method is employed when examining Algerian legal provisions and comparing them to the Islamic perspective.

The research is structured into main topics and sections that cover conceptual, legal, and practical aspects, with a focus on real-life examples from Algerian society. It seeks to bridge the gap between theoretical foundations and practical implementation.

Main Topic One: The Concept of the Environment in Islamic Sharia and Algerian Legislation

This topic is divided into two sections:

• •    Section 1.1: Definition of the Environment

• •    Section 1.2: The Importance of the Environment

Section 1.1: Definition of the Environment

Linguistically, the Arabic term "bi'ah" (environment) is derived from the triliteral root ba'-hamzah-h, which refers to settling or residing in a specific place. Ibn Man zu r defined it in Lis a n al-'Arab as follows: “11-ba'ah refers to a dwelling; ab a tu bi-l-mak a n means I stayed in that place; baww a ka baytan means he prepared and settled you in a house.”

In Islamic terminology, the environment encompasses everything that surrounds the human being, including living creatures and natural elements, which influence and interact with human life. This interaction involves aspects of stewardship (istikhlaf), development (ta'mir), and preservation of all creations. These dimensions are rooted in the objectives of Islamic law (maqasid al-shari'ah), which aim to safeguard life, wealth, honor, religion, and intellect—all of which are directly affected by the state of the environment.1

Definition of the Environment in Islamic Law

Islamic jurists (fuqah a’ ) did not provide a specific or explicit definition of the term "environment" ( al-bi'ah. However, they addressed practical matters related to the prevention of environmental harm through various dispersed legal rulings rooted in Islamic jurisprudence. Several contemporary scholars have attempted to define the environment from an Islamic perspective. For example:

• •    Dr. Y u suf al-Qara da w i defined the environment as: “The surroundings in which a person lives, and to which he returns when he travels or migrates far away— it is his ultimate refuge, whether he wills it or not.”

• •    Dr. Qu t b al-Rays u n i defined it as: "The habitat of God’s creatures, both living and non-living, within which they organize relationships, interact, and inte-grate—within the framework of divine universal laws (sunan kawniyyah) and cosmic principles (naw a m i s il a hiyyah—resulting in a balanced system that governs human conduct in terms of stewardship and develop-ment².”

• •    Another definition describes the environment as: “A collection of natural, social, and cultural systems within which humans and other creatures live, draw sustenance, and carry out their activities.”

In summary , the environment is the surrounding space in which humans and other living beings exist, encompassing the natural phenomena created by Allah (SWT), which both influence and are influenced by human behavior³.

Definition of the Environment in Algerian Legislation

The Algerian legal framework does not provide a singular, direct definition of the environment in a unified law. Rather, the concept is addressed across various legal texts. A notable reference is found in Law No. 03/10 on Environmental Protection within the Framework of Sustainable Development , issued on July 19, 2003 .

According to Article 2 of the law, the environment is defined                                              as:

“The setting in which humans live alongside other living and non-living beings, including air, water, soil, minerals, and other natural resources.”

From this definition, it is evident that the environment includes the natural elements surrounding humans that constitute the conditions for their survival. This comprehensive approach reflects the legislator’s awareness of the importance of ecological balance in contemporary environmental law4.

Third: The Importance of the Environment in Islamic Law

Islamic law places great emphasis on the environment, considering it an integral part of the divine creation entrusted to humankind. Allah has subjected it to serve human beings and commanded them to develop (ta'm i r it and avoid corruption (fas a d) upon it, as stated in S u rat H u d (11:61):

“He brought you forth from the earth and settled you therein, so seek forgiveness from Him and then repent to Him5.”

This verse indicates that man was created from the earth and given residence and sustenance within it. He is thus tasked with cultivating, developing, and benefiting from its resources within the limits set by Islamic law—without exploiting or corrupting it. In Islamic thought, humans are trustees ( am a n a h ) and stewards (khalfah of the Earth, and the word 'ista'marakum" (He enjoined upon you its development) emphasizes this responsibility.

Islam’s concern for the environment manifests in several dimensions6:

• 1.    The Environment as a Divine Blessing: The Qur’an highlights numerous signs of Allah’s mercy found in the environment, reminding humans of the blessings that surround them, such as in S u rat al-J a thiyah (45:13 7 ):

• 2.    Command to Preserve and Prohibition of Corruption: Islam explicitly forbids actions that harm the delicate ecological balance that Allah has created, as stated in S u rat al-A ' r a f (7:56):

• 3.    The Environment as a Trust: Legal texts in Islam assign humans the responsibility of building the Earth, not destroying it. Therefore, preserving natural resources and preventing their depletion becomes a legal and moral duty.

• 4.    Purity and Cleanliness as Core Environmental Values: The Prophet Muhammad said:

• 5.    Encouragement of Afforestation and Protection of Flora                  and                  Fauna:

“And He has subjected to you whatever is in the heavens and whatever is on the earth—all from Him. Indeed, in that are signs for a people who give thought.”

“And do not cause corruption upon the earth after its reformation.”

“Purity is half of faith.” [Narrated by Muslim] This hadith indicates that Islam considers both spiritual and physical cleanliness—extending to environmental hygiene—as part of a believer’s faith.

The Prophet¹ صلىاللهعليهوسلم said:

“If a Muslim plants a tree or sows a crop and a bird, person, or animal eats from it, it is counted as charity ( s adaqah) for him.” [Narrated by al-Bukh a r i and Muslim]

This hadith shows a clear environmental dimension in righteous deeds2.

Section Two: Mechanisms for Environmental Protection

First Branch: Definition of Environmental Protection Mechanisms3

• 1.    Definition of “Mechanism”•    Linguistically:

The Arabic term "aliyyah" (plural: "aiiyyat) refers to a tool or means used to achieve a specific goal. It denotes the instrumentality or method employed to realize an objective.

• •    Technically:

• 2.    Definition of “Protection”•    Linguistically:

A mechanism refers to the method, approach, or technical tool used to implement a specific action or reach a defined result. It may also describe the system relied upon to operate certain processes, especially those that minimize or replace manual labor.

Conclusion:

A mechanism represents the deliberate method or tool adopted to effectively accomplish a particular aim.

In Arabic, h im a yah means safeguarding, defending, and preventing harm. For instance, it is said, “So-and-so protected his companions,” meaning he defended them. Therefore, h im a yah al-bi'ah means preserving the environment and shielding it from any source of harm or degradation⁴.

• •    Technically:

Protection refers to the preservation of persons or property from danger through legal or physical means. It includes the procedures and regulations aimed at ensuring safety and security. The concept is also found in Islamic jurisprudence—for example, in the context of a truce agreement ('ahd aman), wherein the state must ensure the safety of those under its protection5.

Both linguistically and technically, protection revolves around the ideas of prevention and defense. It thus constitutes a core principle in any legal system concerned with maintaining the safety and integrity of the environment⁶.

Third: Types of Environmental Protection Mechanisms: Environmental protection mechanisms are generally divided into two main types: preventive mechanisms and deterrent mechanisms.

A/ Preventive Mechanisms for Environmental Protection: These refer to a set of measures, restrictions, tools, and techniques imposed by administrative authorities or the h isbah system upon individuals, with the aim of safeguarding the environment and maintaining its integrity⁷.

B/ Deterrent Mechanisms for Environmental Protection: These are non-criminal legal methods and mechanisms, relying on administrative sanctions on the one hand, and civil liability on the other. They consist of measures and procedures of a deterrent nature applied against violators of environmental protection laws, with the objective of enforcing compliance and preventing harm or damage caused by such violations. Islamic law has acknowledged the environment through numerous foundational legal principles, while the Algerian legislator has addressed the various forms and components of the environment through specific provisions of Law No. 03/10 concerning the protection of the environment within the framework of sustainable development.⁸

It can be concluded that both Islamic law and Algerian legislation accord significant importance to the environment and the preservation of its resources and elements. Moreover, administrative bodies and other relevant institutions play a pivotal role in the supervision and enforcement of environmental protection, primarily through administrative regulation mecha-nisms9.

Fourth: Preventive Mechanisms for Environmental Protection in Islamic Law and Their Relation to the Objectives (Maqasid) of the Shari'ah: Islamic law, through its textual sources, juristic rules, and overarch- ing legal objectives (maqasid al-shan'ah), has established a comprehensive preventive framework for environmental protection. This is addressed in the following subsections1:

Preventive Mechanisms in the Qur’an and the Sunnah: Islamic law, as embodied in the Qur’an and the Prophetic Sunnah, stands out among the divine legal systems in its deep concern for the environment and its emphasis on environmental integrity. The preventive approach within these sources may be illustrated as follows:

• 1 . Preventive Mechanisms in the Qur’an: The human being is duty-bound to protect the environment with which God has blessed him, preserving it so that it may fulfill the function for which it was created. God has sternly warned against corrupting or harming the environment. Among the relevant verses:

• •    Surat al-Baqarah [2:211]: This verse indicates that distorting or wasting God's blessings and spreading corruption may lead to severe divine punishment.

• •    Surat al-Baqarah [2:60]: A direct prohibition against spreading corruption on Earth is stated in this verse.

• •    Surat al-A ' r a f [7:56]: The verse conveys a general prohibition against all forms of corruption, whether great or small, after the Earth has been set in order.

• •    Surat al-R u m [30:41]: This verse links environmental degradation—including the scarcity of produce and livelihood—to the sins of humanity, suggesting that moral and religious transgressions lead to environmental imbalance.

• •    Surat al-Baqarah [2:36]: This verse affirms that the Earth is a place of dwelling and sustenance for a divinely appointed term, thereby underscoring the importance of responsible human stewardship².

From these verses, it is evident that the environment in Islam is not subject to arbitrary human exploitation. Rather, humankind is entrusted as a vicegerent (khalfah) on Earth and is therefore obligated to manage its resources wisely, maintain its balance, and prevent any form of destruction, pollution, or harm—be it to human beings or to any other creatures.

Section Two: Preventive Mechanisms for Environmental Protection in the Prophetic Sunnah

The Prophetic Sunnah pays considerable attention to environmental preservation. Numerous texts encourage Muslims to care for the environment, such as promoting the planting and protection of trees, and prohibiting acts that may harm or pollute natural resources. This clearly reflects the preventive dimension outlined by Islamic law in this context. The most prominent preventive mechanisms derived from the Sunnah include the following:

First: Encouragement to Keep Public Roads Clean and Remove Harm from Them The Prophet Muhammad (peace be upon him) considered removing harmful objects from public roads as an act of faith. Abu Hurairah (may Allah be pleased with him) narrated that the Prophet said: “Faith has over seventy branches, the highest of which is saying: ‘There is no god but Allah,’ and the lowest of which is removing something harmful from the road. Modesty is a branch of faith.” (Narrated by Muslim) This hadith indicates that removing harmful objects from public pathways is a devotional act that reflects genuine faith. The term "harm" is used in a general sense, encompassing both physical nuisances such as garbage and waste, and non-physical forms of harm, which underscores the comprehensive preventive approach of Islam.

Second: Prohibition of Relieving Oneself in Public Pathways and Shaded Areas One of the forms of environmental pollution that Islam strongly prohibits is relieving oneself in public areas, such as roads or places where people rest and seek shade. Abu Hurairah (may Allah be pleased with him) narrated that the Prophet said:³ “Beware of the two things that bring curses.” They said, “What are they, O Messenger of Allah?” He said, “Relieving oneself in the roadways or in the shade [where people seek shelter].” (Narrated by Muslim) This hadith highlights that causing environmental pollution in shared public spaces is an infringement upon the rights of others and is thus religiously forbidden⁴.

Third: Prohibition of Urinating in Still Water: As part of the effort to preserve natural resources, the Prophet forbade urinating in stagnant water that people may use. Abu Hurairah (may Allah be pleased with him) narrated that the Prophet said:⁵ “None of you should urinate in stagnant water that is not flowing, and then bathe in it.” (Narrated by al-Bukhari and Muslim). In another narration: “None of you should urinate in still water.” (Narrated by Muslim). This prophetic directive reflects the Islamic emphasis on safeguarding water sources and preventing their contamination, as they are vital public resources⁶.

Section Three: Major Legal Maxims as a Foundational Framework for the Relationship Between Humans and the Environment

Islamic jurisprudence is distinguished by a set of comprehensive legal maxims upon which many rulings are based. These are general principles characterized by both breadth and flexibility, making them applicable across times and contexts. Among these maxims are those that offer a foundational reference for constructing a responsible and balanced relationship between humans and their environment, and that help to promote environmental citizenship from an Islamic legal perspective. The most prominent of these maxims include1: