الحمـــاية الجنــــائية للبيئـــة-دراسة مقارنة بین الشریعة الإسلامیة والقانون الوضعي

Abstract

The protection of environment is based, in both Islamic law and in penal law, on the necessity of supporting penal protection; in addition to administrative and civil protection. This penal protection is characterized by some large and flexible rules of law; and wide notion of criminality in the matter, In addition to the moral aspect. This will lead to a wide penal responsibility which is founded on the personal penalty principle. However, the environment crimes are not traditional because of the large meaning of responsibility of the moral person and the responsibility for others' actions. Many legislations have imposed different penalties: some of them are concerned with reducing liberties (jailing) in addition to financial penalties and some of them are of the security order. This protection will not achieve its objectives without juridical control exerted by agents well trained by specialists in the matter. Those specialists must also participate in supporting that protection. In the end the national and world cooperation becomes necessary to achieve an efficient protection to the environment