جستجوی مقالات مرتبط با کلیدواژه "جبران زیان" در نشریات گروه "پزشکی"

In Islam, for protection of the environment, there are provisions within the general rules of compensation, including the rule of no harm, loss and causation, which can be examined in line of the jurisprudential principles of civil and environmental liability. The present study aims to investigate the compensation of damage to the environment by emphasizing the crisis of Urmia Lake and citing the rule of no harm, loss and causation.

The present research has been done by descriptive-analytical method and through library data collection.

Ethical Considerations:

 In all stages of writing this research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

In recent years the water retreat of Urmia Lake and its transformation into saline areas has led to the destruction of a healthy environment. Urmia Lake crisis has been the result of not paying attention to sustainable development in its catchment area and excessive water consumption in various sectors, including agriculture sector. According to the no-harm rule, any occupation and change in human society and nature that violates the others rights is forbidden by Islam. Therefore, in case of damage to the environment and with the realization of the elements of damage, compensation can be demanded from the perpetrators of environmental damage. According to the rule of loss, if someone causes the destruction and loss of public natural capital by causing environmental pollution, he is obliged to compensate the damage, and under the rule of causation, in addition to attributing the damage to the perpetrator, proof of guilt is also necessary.

One of the basic environmental rights in Iran is the right to the environment of Urmia Lake, which has been destroyed as a result of the intervention of natural and human factors. In this regard, the jurisprudential principles of compensation for environmental damage are jurisprudential rules such as the rule of no-harm, loss and causation that based on them, the responsibilities of human beings are clearly defined and its conclusion is proof of guarantee as a result of any destructive act in the environment. In terms of the principles and foundations of civil liability, compensation for damage to the environment, including Urmia Lake, is achieved through ways such as restoring nature to its former state, compensation for damages by giving an equivalent and a temporary order.