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حماية حق الجار الملاصق في بيئة نظيفة في النظام السعودي المقارن بالفقه الإسلامي.

Authors :
محمد سعيد محمد آل ظفران
Source :
Al-Andalus journal for Humanities & Social Sciences. Jul2024, Vol. 11 Issue 99, p193-221. 29p.
Publication Year :
2024

Abstract

Sharia texts have repeatedly stated that the obligation to protect the environment from pollution is necessary to prevent damage and to preserve the right of the neighbor in order to ensure a clean environment free from sources of pollution. The study aimed to show the importance of protecting the right of the adjacent neighbor to a clean environment in the Saudi system compared to Islamic jurisprudence. The study adopted the descriptive, analytical and comparative approach, and the study reached several results, most notably : -Neighborhood damage is not limited to those that affect the people of neighbors or their private money, but also to damage the elements of the natural environment such as water, air, soil and plant or animal organisms that surround the neighborhood . -Protecting the right of neighbor from familiar neighborly harms is guaranteed in the Saudi system. -The agreement of all legal systems to protect the right of the neighbor to a clean environment and to arrange liability for harming him . -Neglecting the right of the neighbor would lead to the loss of the values of tolerance, affection and charity between neighbors. -Positive law is consistent with Islamic jurisprudence in how to estimate unusual damage, which has been adopted by the objective criterion in its assessment rather than the personal criterion, as Islamic scholars consider the same incident of infringement regardless of the personal circumstances of the injured neighbour. [ABSTRACT FROM AUTHOR]

Details

Language :
Arabic
ISSN :
24101818
Volume :
11
Issue :
99
Database :
Academic Search Index
Journal :
Al-Andalus journal for Humanities & Social Sciences
Publication Type :
Academic Journal
Accession number :
179114023
Full Text :
https://doi.org/10.35781/1637-000-099-007