Document Type : Scientific Research
Authors
Abstract
It is vital to trace back concepts of ownership and governance in both private and public law. The subject matter of the ongoing paper concerns ownership or/and governance over the environment and its natural elements. Consequently, we tend to clarify these concepts in both domains of law and Islamic jurisprudence.
Taking specific characteristics of environment and its connection with public interest– as contrasted to personal ownership on specific properties – into account leads us to ‘governance’ approach about relation between state and environment. Although classical approach in Islamic jurisprudence considers the relation between the state and the environment as one of ownership, some contemporary thinkers, inspired by new discourses on the legal debate, tend to governance approach. The latter viewpoint focuses on the interpretation of concept and content of the ownership of Imam. Apart from the comparison between ownership and governance approaches in law and Islamic jurisprudence, this essay briefly analyzes the subject in international law.
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