ISBN:
9781108488785
,
1108488781
,
9781108738842
,
1108738842
Language:
English
Pages:
xxiii, 163 pages
,
illustrations, maps
,
24 cm
Edition:
1st. Publ.
Series Statement:
ASCL studies in comparative law
DDC:
344/.167046
Keywords:
Environmental law (Islamic law)
;
Environmental law (Islamic law)
;
Environmental law (Islamic law)
Abstract:
"This book proposes to find solutions for the issue of non-enforcement of environmental law in Muslim countries by recommending the revival of Islamic environmental law through doctrines that parallel trusts in non-Islamic countries. While comparative law studies focus on the comparisons between the Trust and the Waqf, especially between the private Trusts and family Awqaf, they are not yet expanded to environmental law. Besides, even if scholars have been interested in the ecological potential of Islamic law, they did not explore the possible contribution of comparative law especially at the level of major legal systems. In fact, it is legitimate to ask if Islamic law is able to protect the climate system and whether the potential ecological tools of Islamic law are likely to evolve as those of the Common law to which they resemble. Indeed, the question that arises here is whether Islamic Environmental law, specifically instruments such as the Waqf or Hima, are able of experiencing the same evolution as the Trust in the field of Common law did? The book suggests some avenues for an Atmospheric Waqf Doctrine and for an Atmospheric Waqf Litigation"--
Description / Table of Contents:
Introductory context and issues -- What is 'Islamic environmental law'? -- The dormancy of Islamic environmental law -- The fruitful comparison with the common law -- Potential for growth of Islamic environmental law
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