The nature of legal jurisprudence in the of environmental damage

environmental loss, its compensation, and casual relationship between a damage and a conduct are among debatable issues in environmental law. The damage to environment should be financial in order to be claimable. This article aims to prove that natural blessings belong to all human beings and this can be proved under Imamiyah jurisprudence. There are evidences in Imamiyah jurisprudence confirming this idea; for instance, some Islamis jurists believe that in a case when it is necessary to destroy a mosque in order to purify it from a filth, the imperative rules require muslims to purify the mosque and the positive rules provides the liability for destruction of muslims' properties. By analogy between the mosque, as it belongs to all muslims, and the natural blessings, one can prove the proprietary worth of these blessings and the necessity of seeking liability in case of their destruction. Similarly, this proprietary worth and the liability of the destroyer of environment can be accepted by resort to the Sharia spirit and also the idea of martyr Muhammad Baqer Al-Sadr regarding occasions where there is no specific rule(mantaqa tol faraq).