مبناي مسيوليت مدني زيست محيطي در فقه و حقوق ايران

Foundation of Environment Civil Responsibility in Islamic Jurisprudence and Iranian Law

The present article deals with the foundation of environment civil responsibility in Islamic jurisprudence and Iranian Law. The existence of a common earthen globe creates common concerns for the people of the world requiring an ever - increasing coordination in this regard. One of the instances of coordination is unanimity in terms of the foundation of environmental civil responsibility. There is absoility for doing environmental damages in many European Countries, thus reducing highly the measures of interest seeking bodies which are destructi9ve to environment. However, the practical procedure of Iranian courts is responsipility based on fault as a result of which a large number of environmental cases would be failures and in case of success, they are not capable of preventing others from the destruction of natural gifts. Relying on the potentials of Islamic jurisprudence and Iranian law, the present article concludes that foundation of environmental civil responsibility should rest on the theory of absolute liability rather than that of fault.