From Conflict to Development: A Comparative Study of Theories and Foundations of Environmental Law with Lā Ḍararr Principle

The principle of Lā Ḍararr in environmental jurisprudence, focusing on the Qurʼānīc verses that indicate the principle of "Lā Ḥaraj" and the narration related to Samarat bin Jundab which was narrated from the Prophet of Islam, has addressed the instability of current environmental law foundations. By a descriptive-analytical method, this study examines the five jurisprudential concepts and meanings of Lā Ḍararr in comparison with the basics of environmental law. The promoters of these foundations believe that by grounding humans in environmental rights, mankind can experience a healthier and safer life and prevent its environmental crisis with just legislation. But, the Islamic rethinking about the theories of environmental laws indicates that the true acceptance Lā Ḍararr principle provides a different view of the interaction between humans and the surrounding environment. Human beings generally should reduce their material and emotional desires, because Tazāḥum (conflict) and Iḍrār (damage) are the natural result of an extravagant society, so a detailed reference to the sources of Islamic jurisprudence corrects the fundamentals raised in environmental law. Also, the inconsistency of the premises and results and the lack of comprehensive investigation of all aspects related to the environment has caused thought-provoking criticisms on these foundations and theories.