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Criminal liability of legal entities for polluting the environment: Shariah and law perspectives


Ashour, Ameel Jabbar and Abdul Wahab, Harlida and Nafees, Seeni Mohamed (2015) Criminal liability of legal entities for polluting the environment: Shariah and law perspectives. In: AGBA's 12th Annual World Congress, November 16 --19, 2015, University of Malaysia Pahang, Kuala Lumpur Campus, Malaysia.

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Abstract

The regulation for the protection of the environment is considered as one of the most recent steps taken to reduce pollution.It should be noted that the problems of people destroying the environment and the place in which he shares with other living things have increasingly become worse.Therefore, international interest on environmental issues during the second half of the twentieth century may be too late. This is reflected in the legal treatments for these problems.On the contrary, Islamic jurisprudence have general regulations for the protection of the environment as can be seen in the Koran and the Sunnah whereby it calls for the people to have interest in the environment as well as preserving it from all forms of exploitation and abuse. Therefore, it can be argued that the legislation s for the protection of the environment and the identification of the different types or forms of infringements are still in its infancy. Additionally, up to this present day there is no comprehensive legislation that provides the general rules on how to solve the legal problems for the protection of the environment (AL-Lahlou, 2002).This research will review the environmental protection from the Islamic Sharia and legal point of view on crimes committed by legal entities which is defined by jurisprudence and the judiciary as ―a person or group of persons or organizations formed from funds collected from the sale of shares in the organization to form a body that has a separate identity as that of the founder members or shareholders and such bodies may own factories or are companies that provide public services to the people‖ (Maqubl, 1994) .The issue at hand here is criminal aspect of causing damage to the environment as criminal law is one of the means used by national and international communities in their fight against the damage to the environment through pollution and other destructive acts.Hence, The exacerbation of the environment was due to pollution caused by industrial progress and various other related activities. This has caused the deterioration of the environment and as a result the environment has changed from being a source of comfort and enjoyment into a source of epidemics and diseases.This was due to the damage that has been done to the planet‘s air, soil and water (Arhomh, 2000).Consequently, the community noted that there is a need to develop legal and legislative controls immaterial of whether it has been mentioned in the Quran or the Sunnah or derived from the opinions of scholars.These controls must be adhered to strictly to preserve and protect the environment.In addition, the people responsible for violating the rules and regulations will have to face criminal charges and the penalty if they are found guilty.These laws seek to states and determine the standards based on scientific studies and research on the contamination of water, air, soil, and its effects on the planet.These laws may also be used to develop controls and methods to reduce the severity of the problem. They have also enacted criminal punishments that are deemed appropriate to punish the offenders of environmental crimes (AL-Lahlou, 2002).

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: Environmental Issues, Polluting, Environmental Crimes, Legal Entity Person, Criminal Liability, Environmental Protection
Subjects: G Geography. Anthropology. Recreation > GE Environmental Sciences
K Law > K Law (General)
Divisions: School of Law
Depositing User: Dr. Harlida Abdul Wahab
Date Deposited: 14 Nov 2016 06:28
Last Modified: 14 Nov 2016 06:28
URI: http://repo.uum.edu.my/id/eprint/19433

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