التعليل الفقهي وأثره في حماية الحياة الفطرية دراسة فقهية د. نوال رجاء حمود الصاعدي

Abstract This study examines the juristic rationales underlying the protection of wildlife, as one of the contemporary issues that has received increasing attention in recent years. It aims to identify and analyze the juristic rationales that support wildlife protection through the principles of Islamic jurisprudence and the higher objectives of Islamic law (maqāṣid al-sharīʿah). The study adopts a descriptive, analytical, and inductive methodology. The study concludes that a sound understanding of the juristic rationales governing wildlife protection elevates human engagement with this issue beyond mere compliance with statutory regulations to a broader religious and ethical commitment that promotes sustainable development, strengthens environmental awareness, and links such protection to spiritual reward and accountability before God. The study further finds that Islamic jurisprudence provides a robust normative framework for wildlife conservation by grounding it in the preservation of life, the prevention of harm and corruption, and the realization of public welfare. The study recommends shifting the framework of wildlife protection from the narrow sphere of positive legal regulation to a wider paradigm of religious, moral, and devotional responsibility. This may be achieved through the dissemination of environmental fiqh, the activation of Sharīʿah-based governance mechanisms such as the ḥimā system, and the criminalization of assaults on wildlife as a form of corruption on earth warranting discretionary punishment (taʿzīr). Keywords: Juristic rationales; Islamic jurisprudence; wildlife protection; environmental fiqh; maqāṣid al-sharīʿah.

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