بررسی سطح انطباق قوانین حقوقی مرتبط با محیط‌زیست و منابع طبیعی، با مبانی اخلاق زیستی و آموزه‌های دینی

Introduction: The environment and natural resources are essential assets and foundational pillars of sustainable development, holding a significant position in contemporary legal systems. However, the intensification of crises such as climate change, species extinction, and widespread pollution indicates that existing laws have largely failed to curb this degradation. The root of this inefficacy can be traced to the dominance of an anthropocentric mindset within legislative frameworks, a mindset that defines nature merely as an instrument for fulfilling human needs and fails to recognize its intrinsic value. In this context, two intellectual systems, bioethics and religious teachings, can offer deeper, value-based theoretical foundations for critiquing and reforming existing laws and developing more comprehensive legislation. The main objective of this article is to examine the level of alignment and the feasibility of integrating these three domains (law, bioethics, and religious teachings) to establish a unified analytical framework.
Findings: The examination of these three domains reveals distinct and often contrasting findings:
1- The Prevailing Legal System (International and National): Analysis of documents such as the Stockholm Declaration (1972) and domestic laws indicates that the dominant discourse is anthropocentric. In this discourse, the environment is either viewed as the "common heritage of humanity" or as the basis for realizing the "human right
to a healthy environment." A consequence of this perspective is that criminalizing environmental destruction is contingent upon proving harm to human health or interests. This approach disregards the independent legal personality and intrinsic value of nature.
2- Bioethical Principles: In branches of bioethics such as ecocentric ethics, intrinsic value is ascribed to all components of nature. Concepts like intergenerational justice and ecosystem integrity are central to this field. Intergenerational justice emphasizes that the present generation bears an ethical responsibility to ensure that future generations can benefit from natural resources and a healthy environment. Ecosystem integrity necessitates a holistic perspective in which interconnected natural components are protected as a unified "whole," rather than focusing solely on individual species or specific resources.
3- Religious Teachings of Islam: The Islamic perspective on nature is rooted in a monotheistic worldview. In this view, nature constitutes a collection of divine signs, manifesting God's power, wisdom, and mercy. Consequently, it possesses dignity and intrinsic value. Humanity is the trustee of these divine blessings on Earth. This status imposes a profound ethical and religious responsibility upon humans: the duty to protect, nurture, and utilize resources sustainably. Concepts such as "reviving the earth," "prohibition of corruption and waste," and "accountability for divine blessings and future generations" within Islamic texts provide a robust foundation for a relationship with nature based on respect and responsibility. Environmental protection within this intellectual framework is a religious duty and an expression of devotion.
Discussion: The comparison and contrast of these three discourses reveal a profound theoretical gap. Existing laws, with their focus on short-term, tangible human interests, at best attempt to manage damages rather than prevent their occurrence. These laws lack the deep ethical foundation necessary to enforce a trans-species commitment and respect for the integrity of the ecosystem. Conversely, both bioethical and Islamic systems, by grounding themselves in the intrinsic value of nature and defining human responsibility towards the entirety of creation, enable the formulation of preventive, holistic, and justice-oriented laws. To bridge this gap and connect theory with practice, this article proposes an integrated framework derived from the systematic synthesis of key components from the three domains. These principles can serve as criteria for evaluating existing laws and as a roadmap for future legislation: The principle of intrinsic value and trusteeship (recognizing nature's inherent dignity); The principle of human responsibility and duty-Orientation (emphasizing active human stewardship in protection, restoration, and balance); The principle of intergenerational and intra-ecosystemic justice (guaranteeing the rights of future generations and all ecosystem components); The principle of holistic integrity and health (adopting a systemic, unified perspective on health); The principle of the right to a healthy environment (as a fundamental legal standard). It should be noted that transitioning from the current purely anthropocentric legal system to one that incorporates these five principles requires a paradigm shift in the philosophical foundations of legislation, prioritizing long-term ecological interests over short-term economic gains, and culturally promoting a worldview of respect toward nature.