PROSPECTS OF SHARIA IN ACHIEVING GLOBAL ENVIRONMENTAL SECURITY

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PROSPECTS OF SHARIA IN ACHIEVING GLOBAL ENVIRONMENTAL SECURITY

Aliyu Salisu BarauKano Nigeria

Being a paper prepared for 2010 REGIONAL CONFERENCE ON ISLAMAND WORLD PEACE,

FACULTY OF USULUDDIN,SULTAN SHARIF ALI ISLAMIC UNIVERSITY,

SIMPANG 347, JALAN PASAR BAHARU, GADONG, BANDAR SERI BEGAWAN BE1310,NEGARA BRUNEI DARUSSALAM

Abstract

Sustainable global peace and prosperity cannot be achievedwithout global environmental security since human life issupported by the natural environment. A number of MultilateralEnvironmental Agreements (MEAs) are being drafted to secureand sustain the global natural resources. From Rio toCopenhagen deals on climate change, desertification,deforestation and biodiversity loss, water management and soonare not sealed or implemented to the letters. Fault-linesemerge among different countries for the current and emergingfears of environmental failures. Islam as a timeless religionhas unique modus operandi for achieving global environmentalsecurity through its God-human-earth centred principlesenshrined in the Sharia. The goal of this paper is to offerIslamic solution to the deadlocks that states and institutionsfail to entrench for global environmental stability. Theobjectives of the paper are as follows: 1) highlight theweaknesses of the existing international environmentalconventions; outline the Sharia principles for globalenvironmental security; and its prospects in resolving currentglobal environmental hitches. The paper extensively draws itstheme from the Quran, Sunnah, and scholarly works. The paperpoints the action lines which targets individuals, communityand state for instituting sustainability, security and peacein dealing with vulnerable Earth.

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Keywords: environmental security; implementation; Sharia; MEAs.

1. Introduction

Myriad global summits and treaties were held or drafted

respectively in the last twenty five years. The universal face

and binding nature of the treaties and summits make them quite

unprecedented in the recent human history. Example of the

summits include Environment and Development Summit include:

(Rio 92); Social Development Summit (Copenhagen 95),

Population and Development (Cairo 94), Habitat II (Istanbul

96); Conference on Women (Beijing 95); Climate (Kyoto 97);

Food Security (Rome 96); Sustainable Development summit

(Johannesburg 02) etc. The collective goal of these summits

and the resulting treaties signed to seal them were to improve

or sustain universal prosperity of the human race and engender

atmosphere of peace, prosperity and stability. However, if one

weighs the summits and treaties under discussion, it is

evident that the major link and recurrent theme between all of

them is environmental sustainability. This theme also

dominates the principal objectives of Millennium Development

Goals (MDGs) and other global and regional development

agendas. Doubtlessly, astronomical amounts of resources and

time were spent in organising the various international

summits. It is rather unfortunate that, the dividends yielded

from these summits are far from expected breakthroughs.

In a short hand, the challenges persist and the fears are

soaring rather steadily. The Muslim states comprising a

quarter of the global population are not insulated from the

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catalogue of environmental challenges. Muslim megacities like

Karachi, Dhaka, Cairo, Tehran, Istanbul, Jakarta, and Kuala

Lumpur all have their share in negative trends of

urbanisation. The future at least is not so bright for the

future generations. However, the potentials of using religion

as tool of engendering environmental sustainability is not new

(Tucker 2004; Barau 2004; Barau 2009). Muslim countries are

not unaware of the global environmental challenges and gaps in

implementing the MEAs and that is proved by the conference of

Islamic countries environment ministers held at Jeddah in 2002

(ISESCO 2002). Yet, the Islamic principles of sustainable

development endorsed by ISESCO remain a paper work before the

governments of most Islamic countries (ISESCO undated). The

challenges outlined include industrialisation, urbanisation,

biodiversity, fresh water, costal and zones in the Islamic

emerging economies of South East Asia and in the landlocked

Central Asian countries.

The goals of this paper are: to map out the prevailing

challenges of global peace and prosperity posed by

environmental hazards; identify the current failures of

international treaties on environment and sustainable

development and outline the provisions of Sharia towards

attaining a globally acceptable and implementable tools of

environmental sustainability.

2. Literature Review and Conceptual Framework

2.1 Global Environmental Challenges

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As of today, the most critical challenge before our planet,

the Earth, is climate change. According to HRH Prince of Wales

(2009) climate change is a risk-multiplier with potential to

take all the other critical issues we face as a global

community and transform their severity into a cataclysm. In

the same vein, the Millennium Development Goal Report (2008)

reveals that carbon dioxide emissions reached 28 billion

metric tons in 2005. Globally, emissions increased by 30 per

cent from 1990 to 2005, with annual growth from 2000 to 2005

greater than in the preceding decade. From 1990 to 2005,

changes in emissions ranged from a 38 per cent decline in

countries of the Commonwealth of Independent States to an 82

per cent increase in South-Eastern Asia. Per capita emissions

remain the highest in the developed regions, about 12 metric

tons of CO2 per person per year, compared with about 3 metric

tons in developing regions and 0.8 metric tons in sub-Saharan

Africa. Emissions per unit of economic output fell by more

than 20 per cent in the developed regions, while they

increased by 35 per cent in South-Eastern Asia and by 25 per

cent in Northern Africa. Another critical challenge in this

century is urbanisation, nearly half of the global population

are now living in cities and towns and this is estimated to

rise to 60% by 2030. But the problem is more risky at the

developing countries where access to water, sanitation, energy

cause hardship on population (UN Habitat 2008). For

biodiversity, it found is that some 60% of the services

analyzed were degraded, with a particularly large impact over

the past 50 years. Further, the scenarios for the future were

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not particularly encouraging since a continued degradation is

projected unless a suite of new policies were put into effect

that would reverse the tide of the destruction of the resource

base that is crucial for future development without the

continued degradation of ecosystem service delivery (ICSU

2008).

2.2 Concept of Environmental Security

Environmental security is the process of minimising

environmental insecurity having humans as the major focus on

security with focus on the underlying causes that create

environmental degradation (Barnett 2001). Thus, environmental

security is also seen as an adaptive process “which is

sensitive to change and seeks to manage change peacefully.”

The author adds that environmental security requires

governments to “act domestically and in concert to curb

global, regional, and local processes that generate

environmental degradation and human insecurity”. The impacts

of environmental degradation on the population range from

malnutrition, lack of energy and clean water. This concept

draws on ecology and hazard theory with the key notions of

risk, vulnerability, and resilience. Dalby (2002) focuses on

the linkages of environmental security research with the focus

on human security:

First, we must recognize that rich and powerful urbanelites have both (a) disproportionate impacts on theearth’s natural systems, and (b) also make many ofthe policy decisions regarding resource-use andpollution. Second, global population is growing; andmore importantly, it is becoming urbanized.…Third,

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this process is happening in the context of rapidglobalization – with its inherent dislocations–of aneconomy ever more dependent on petroleum products.Fourth, nation-states … are frequently not theappropriate political entities to make decisionsabout many economic and environmental matters thatflow across their borders in a highly uneven globaleconomy.

Hoste (2009) also puts emphasis on climate change as

crosscutting issue in global security due to its multiplier

effects on desertification, salinisation, water scarcity and

food insecurity especially in Africa. The German International

Development Agency (GTZ, 2008) relates that environmental

stresses caused by climate change exacerbate competition for

soil and water resources; place high demands on disaster

management. There is also threat of new regional and

international crises and conflicts as well as the escalation

of existing clashes over local resources. Another major

concern area is migration and displacement due to climate

change events which would lead to breakdown of ecosystem in

the Sahel, and other risks like glacier melt, sea level rise,

flooding, which create environmental refugees (Warner,

Sherbinin, Adamo et al 2009).

The security risks are shared disproportionately, for

instance, Africa which is the least greenhouse gas emissions,

is the most vulnerable to risk of climate induced conflict

owing to its reliance on climate-dependent variables (rain-fed

and irrigated agriculture) and nature of its resource, ethnic

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and political conflict. More people were being killed in wars

in Africa with tremendous natural resources and remarkable

social and ecological diversity, the continent reflects a

close dependency of people on the environment. This dependency

and its fragile governance capacities give Africa potentially

severe problems in adapting to the challenges of climate

change (Brown and Crawford 2009). No part of the earth is

insulated from predicaments of climate change security risks.

Global businesses from the developed world ought to prepare

for the impending risks which insurance firms have to consider

as well as competition in resource consumption at the wake of

crises (Dyer 2009). The European Union (EU 2008) holds that

tensions, pressures, radicalism are the elements of the risk

of climate change already prevail over the global landscape

and demand quick response. But still arguments persist that

Africa and other Third World countries are at the receiving

end for environment related conflicts and peace wounding

processes (Assanvo and Pout 2007).

2.3 Global Green Conventions: From Rio to Copenhagen

According to Amin (2000) conventions represent the collective

will of the international community to legally commit to

protecting the environment. Binding international conventions

now exist in areas as diverse as climate change, biological

diversity, desertification, and, more recently, prior informed

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consent of trade in hazardous chemicals and pesticides. They

are also referred to as multilateral environmental agreements

(MEAs). Mere existence of a body of environmental laws is

basis for action but does not in itself provide a solution to

environmental problems (Rubidiri undated). Commitment and

responsibility are at the heart of sealing deals (Prince of

Wales 2009). Environmental problems loom large and lack of

respect for laws persist and this is repeatedly made across

all summits being made. This makes for calls for actions

within national boundaries especially by lawyers and national

judicial officers (Rest 2004). It is also shown that NGOs

could play a key role in checking excesses of states and other

institutions in implementing international environmental

charters and this is seen as new sphere for the operation of

NGOs (Raustiala 1997). Some of the key conventions or MEAs are

listed below:

Agenda 21 (1992)

Convention to Combat Desertification (CCD, 1994)

Convention on International Trade in Endangered Species

(CITES 1973)

Cartagena Protocol on Biosafety

Convention on Wetlands/ Waterfowl Habitat (Ramsar

Convention, 1971)

1979 Convention on the Conservation of Migratory Species

of Wild Animals (CMS)

UN Convention on Climate Change (UNFCCC)

Convention on Biological Diversity (CBD)

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1998 Rotterdam Convention on Prior Informed Consent (PIC)

on Hazardous Chemicals

Regional Agreement on the Transboundary Movement of

Hazardous Wastes in Central America (1992)

Convention on Cooperation for the Protection and

Sustainable Use of the Danube River (1994)

Agreement on Cooperation for the Sustainable Development

of the Mekong River Basin (1995).

Basel Convention on the Control of Transboundary

Movements of Hazardous Wastes, 1989

Vienna Convention for the Protection of the Ozone Layer

(1985);

Montreal Protocol of Substances that deplete the Ozone

Layer (1987)

Global Programme of Action for the Protection of the

Marine Environment from Land-Based Activities (GPA)

Sanitary and Phytosanitary Agreement (SPS)

Copenhagen Climate Pact (2009)

3. Sharia and Environmental Security and Global Peace

The leading global multilateral environmental agreements

(MEAs) are cited above and the notice of their failures and

poor implementation make it clear for all that these packages

have failed to safeguard the natural environment and humanity

as a whole. In this section an attempt is made to identify the

major global environmental challenges and how Sharia could

tackle them. Sharia is a suite of concepts and applications of

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Islam to the various socio-political and economic spheres of

the society. The major difference between Sharia and the MEAs

is on the grounds of implementation. Naturally, Sharia upholds

the tenets of the MEAs, but Sharia has high potentials in

reaching out to the grassroots, it goes beyond summits and

protocols which are usually understandable by few cliques of

professionals, bureaucrats, NGOs, lawyers and diplomats. On

the other hand, Sharia involves both the state and the

society. Islamic provisions (or Sharia) are observable by all

strata of society regardless of gender, age or geography. The

Amir (leader), the Shura (council) down to muezzin and woman

moving in the bazaar could understand and implement provisions

of Sharia on sustaining environmental security and safety.

Below are given some conceptual and practical means of

engendering environmental security at least in any area

dominated by Muslims.

3.1 Human Responsibility Taking

Political and business leaders from the developed world have

always tried to avoid responsibility for the impending global

ecological crises. Quran has made it lucid that human beings

are responsible for all the mischief or destruction on the

face of earth and seas. The Quran says:

Corruption has appeared on land and sea as an outcome of what

men's hands have wrought: and so He will let them taste the evil of

some of their doings, so that they might return to the right path.”

(Qur’an 30:41)

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3.2 Sharia, Urbanisation and Pollution Control

Urbanisation poses serious challenge due to widespread changes

to the basic components of the environment – land, water, air,

and biodiversity. In order to preserve urban landscapes,

Shari'ah has provided for the concepts and applications of

hima (reserve lands) and harim (inviolable lands). Barau (2010)

outlines the applications of Sharia on environmental resources

management which includes, Ta’lim al Aradi Fi Asbab al-Ikhtisas bi Mawatal

Aradi (On Teaching about Utilisation of Uncultivated Land)

authored by Abdullahi Fodio in 1810; Almawardi whose Ahkamul

Sultaniyya outlined the punitive measures put in place by Sharia

against violators of the sanctity of the Haram of Makkah. For

instance, if any person cuts a tree, he is to expiate it with

a cow, and goat is expiation for a small tree cut. Albadar

(1429/2008) was also quoted in his Fadlil Madinah where the Envoy

of Allah declares Madinah as his haram (inviolable land) just

like Allah declares Makkah. This resourceful works integrated

opinions of Muslim scholars concerning land resources

management. Abdullahi Fodio’s book, Diya al-Hukkam listed some

of the activities that could cause damage to people and the

built environment which include the following:

Smoke from baths and bakeries

Dust from threshing wheat

Foul smell from tanner’s workshop

Building a stable near a neighbour

Building a place for grinding or blacksmith workshop

near a neighbour

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An act considered to be damaging and which is usually

seen as recent

Opening a window that overlooks a neighbour’s private

domain

Building a gargoyle that releases water into neighbour’s

property

A door of a house on a public street must not face

another across the street to avoid a direct visual

corridor. In a cul-de-sac owned by people one is not

allowed to build a structure or open a new door with

consensus of the people.

Maintenance of sewer/waste water channel is based on the

principle that each user is responsible for the portion

that he uses, assisted by the neighbours upstream using

the channel...

The owner of a private property cannot change the

location of public path that passes through his property.

Principles of harim and hima shows that even as towns grow in

size and population due to urbanization, pollution,

biodiversity depletion can be averted. The concepts are in

tandem with what is today known as land carrying capacity.

Thus, it is illegal for people to claim ownership of any part

of declared Harim. For instance, harim area for a village

covers 10-20 kilometres away from the village. Such area

covers firewood gathering and grazing areas of a village or

hamlet. Harim for a river is 500 meters from its two banks;

while 250 meters is assigned for a spring and 10 meters for a

well and or space needed to protect the well without damaging

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it or causing inconvenience to users. Hima on the other hand,

are reserve lands that are protected for the interest of the

society but can be used exclusively for security interests or

for the use of the poor people.

3.3 Sharia and Climate Change

Evidence of Islamic solemn stance on climate change is shown

in scenarios depicted in the Surah Yusuf (Chapter twelve).

Muslims were taught how to deal with hydro-meteorological

disasters like drought. Occurrence of drought caused serious

insecurity challenges around Egypt for seven years. But the

adaptation mechanism adopted through stockpiling food for many

years helped in safeguarding the population from acute

starvation during the drought crises.

3.4 Role of Individuals and Communities

It is pointed in Abdullahi Fodio’s Diya al Hukkam that every

individual and or community should be responsible for what it

causes of pollution of the environment. Cisse (2008) explains

the role of individual in the light of some prophetic

traditions that he presented in his work. The ahadith are

mentioned below:

And to remove a harmful thing from the way is also sadaqah (a charity).”

(Bukhari and Muslim)

“Beware of the two [acts that bring] curses: relieving oneself in the path of

people, or in the shade [i.e. where they usually rest]

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“Who sees something detestable, let him change it with his hand, if

he cannot, then with his tongue and even if he is able, then with his

heart, and that is the weakest form of faith” (Muslim)

3.5 Sharia and Implementation of MEAs

In respect of implementation of the global multilateral

agreements (MEAs) by Muslim individuals, groups and

governments, Barau (2004) notes that Quran upholds and enjoins

the process of dialogue and consultation among the

stakeholders in order to iron out . Governments, academics,

professionals and concerned groups and individuals have always

met to explore global environmental challenges and draft

charters, protocols, pacts or agreements. This process is

supported and advocated by the Quran where it says:

Those… who conduct their affairs by mutual consent… (42:38)

But Quran denounces in strong terms the act of not sealing the

agreed upon deals. This is the commonest challenge of today.

Most of the MEAs signed by governments are broken at will

under flimsy and selfish pretexts or hollow arguments. It is

saddening that in some instances some Muslim states are also

involved in such nasty deals. Though, in most cases it is the

industrialised non-Muslim states that are more notorious for

such inaction. On that account the Quran says:

O you who believe! Why do you say that which you do not do? Most hateful it is with

Allah that you say which you do not do.

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(61:2-3)

And fulfil (every) covenant. Verily, the covenant will be questioned about.

(17:34)

And those who keep their trusts and covenants. And those who stand firm in their

testimonies (70:32-33)

4. Results and Discussions

As we enter the second decade of the 21st century our globe

has continued to wallow in destructive ecological crises that

jeopardise global peace and security. As Prince of Wales

(2009) stated during the Copenhagen Climate Summit that,

without sustaining the economy of the nature, the human

economy is doomed. The prevailing global environmental

challenges outlined in the literature review section above

illustrate the looming crises before the human race. Sequel to

these crises extreme poverty would be deepened in the

developing countries, food insecurity would persist along with

malnutrition and starvation. Invariably, this would promote

global commotion, disputes and insecurity. New security fault

lines are likely to emerge from climate change related crises.

Inter and intra state conflicts could be deepened for control

and consumption of water resources and population cross border

mobility.

It is most unfortunate that commitments to the MEAs in their

diversity are rarely obliged or respected by several states

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but more particularly by the giant polluters who have failed

to sincerely bear responsibility for the damages they incur

against the global environmental systems. But as Brown and

Crawford (2009) note that, it is the poorer countries that

will bear more burdens of the troubles not of their own

making. This would as a result create cracks on global peace,

stability and understanding.

The Muslim countries have their share on global pollution from

within their geographical, technological, demographic and

economic levels. The Muslim states have not also given any

form of leadership in reversing the negative trends on global

environmental pollution or in implementation of the MEAs.

Environment Ministerial meetings like those held in 2002 at

Jeddah under the aegis of ISESCO should be platforms for

concrete actions not tea and coffee taking.

Sharia as a comprehensive and divine socio-political system

provides us with the tools of maintaining balance between

environment, growth and development. The Sharia environmental

system integrates the teachings of the Quran, Sunnah and

scholarly opinions. In this system, responsibility for

managing the balance is shared between individuals, community

and state. Sharia also condemns any act of violating agreed

upon terms. Sharia strongly upholds dialogue and

implementation of the terms of dialogue. In the same fashion,

Sharia has taught Muslims how to tackle the challenges of

climate change, desertification, water pollution,

deforestation and land resources tenure system through an

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integrated transparent and participatory grassroots

approaches.

5. Conclusions and Implications

Essentially, the current suite of MEAs is comprehensive in

terms of contents and contexts needed to mitigate and or

resolve global environmental crises. However, the bone of

contention is the lack of commitment and political will by the

political and business class especially those in developed

countries. Under such circumstances there is no fair play, in

fact high level of foul play greets MEAs and summits that

create them. This is clearly demonstrated in the recent

Copenhagen climate summit where deals could not be sealed.

Unfortunately, the Muslim Ummah has collectively failed its

duty and divine assignment as Khaira Ummatin (Best of Nations).

The Ummah should have set good example to the rest of the

world in actualising the MEAs from their regions.

Sharia teaches harmonious resource use in a way and manner

that rights and privileges of all groups of people regardless

of their creed, race or any social affiliation are protected.

Sharia recognises not only the rights of the humans but also

those of animals and plants that are considered on a par with

humans in respect of their status as servants that also

glorify the exalted name of Allah. Resources like water are

considered to have spiritual values in worshipping Allah.

Since individuals are asked by Sharia to maintain a level of

cleanliness of their bodies and surroundings and to avoid

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harming others, then this spirit should have bearing on the

global environment.

The lasting global peace and security props on ecological

stability and in its absence, chaos and confusion will spread

all over the land. In view of this, it is important that the

various governments and civil societies from Islamic countries

should collaborate with relevant individuals and institutions

to chart a new course of action where the teachings of Sharia

will be strictly adhered to within their national boundaries.

The Organisation of Islamic Conference (OIC); ISESCO and

academic institutions from across the Islamic world are in

best position to lead this course. No doubt, it gladdening

that, there are number of Muslim figures who have made

outstanding contributions in the field of environmental

sustainability through charities, projects and programmes that

have improved the lots of people and the environment. But a

lot needs to be done. So many Muslim states have wish lists

for economic and industrial development. Consequently, Muslims

states must internalise the principles of Sharia for eco-

development and realise their development vision under that

and without jeopardising and exacerbating the prevailing

ecological crises.

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6. References

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Architecture and Planning, King Saud University, RiyadhBarnett, J. (2001) The Meaning of Environmental Security. Ecological Politics and Policy in the New Security Era (London – New York: Zed).Brown, O.; Crawford, A. (2009) Climate Change and Security in Africa. A Study for the Nordic –African Foreign Ministers Meeting. International

Institute for Sustainable Development, Ministry of Foreign Affairs of Denmark.Cisse, T. (2008) Islam, the Environment and the Use of Vetiver Grass. Source:

http://groups.msn.com/PepiniereNaajBaal/_whatsnew.msnw Dalby, S. ( 2002) “Security and Ecology in the Age of Globalization”, in: Woodrow Wilson International Center for Scholars (Ed.): Environmental Change & Security Project

Report, (8) (Summer); 95-108Dyer, G. (2009) Climate Change and Security-Risks and Opportunities for Business. International Institute for Strategic Studies, Lloyd Insurance, London.European Union (2008) Climate Change and International Security. Published Paper from the High Representative and the European Commission to the European Council. S113/08, 14th

March.GTZ (2008) Climate Change and Security-Challenges for German Development Cooperation. Eschborn, April.

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Hoste, Jeane-Christophe (2009) Climate Change and Security. Conference Report Observatoire DE L’Africa, CERI, Paris. HRH Prince of Wales (2009) Speech delivered at the Copenhagen Climate Change Summit, 15th December 2009. Source:www.rainforestproject.orgICSU (2008) Ecosystem Change and Human Well-being. Research and Monitoring Based on the Findings of the Millennium Ecosystem Assessment. ICSU/UNESCO/UNU.ISESCO (2002) The Islamic World and the Sustainable Development (Specificities, Challenges and Commitments) - Documents of the First Islamic Conference of Environment Ministers, Jeddah.ISESCO (undated) The Islamic World and Challenges of Sustainable Development. Source: www.isesco.org.ma Raustiala, K. (1997) States, NGOs and International Environmental Institutions. International Studies Quarterly,41, 719-740.Rest, A. (2004) “Enhanced Implementation of International Environmental Treaties by Judiciary” MqJICEL Vol. 1, pp. 1-23 Rubadire, D. (undated) Implementation of International Environmental Agreements: The Case of Botswana. Paper presented at 7th International Conference on Environmental

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Tucker, M.E. (2004) Worldly Wonder – Religions Enter their Ecological Phase.Open Court, Chicago.

UN-Habitat (2008) State of the World’s Cities 2008/2009-Harmonious Cities. United Nations Human Settlements Programme (UN-HABITAT)/Earthscan, London United Nations (2009) The Millennium Development Goals Report 2008. United Nations, New York. Warner, K.; Sherbinin, A.; Adamo, S. (2009) In Search of Shelter:

Mapping the Effects of Climate Change on Human Migration and Displacement. UNU-EHS, Care International, Columbia University, UN Refugee Agency, World Bank

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