Legitimacy policy to face climate change

Document Type : Original Article

Author

PhD in Islamic Sharia, Faculty of Law - Mansoura University - Customs officer in Damietta port

Abstract

Based on the global interest in climate change, which was evident in the COP27 Climate Conference, which Egypt hosted. The research aimed to study the legal policy to confront climate change. By revealing the detailed legislative approach to achieve this. We have dealt with the study through an introductory topic and three thematic topics. In the introductory study, we studied and analyzed the concept of legal policy to confront climate change, and that it is measures to take care of the public interest that is binding on the ruler, institutions and agencies in the state, as well as individuals. As for the first topic, entitled Preserving the environment is one of the total principles of Sharia law. We have shed light on the fundamentalists’ consideration of the purpose of preserving the environment as one of the necessary purposes, although some considered it an original purpose added to the five purposes, and others considered it a complementary purpose to the five purposes. We also showed some of the jurisprudential rules established to preserve the environment. As for the second topic, titled: The legal preventive policy against climate change: I explained this role in terms of existence, as it is from faith, urging sustainable development, and the approval of the public prosecution against every transgressor, and in terms of non-confrontation with pollution, destruction, and wasteful consumption. As for the third topic, entitled: The punitive legal policy to confront climate changes, I dealt with it by explaining the legal punishment in the event of committing minor environmental crimes, which are crimes of limited prevalence. In the event of committing serious environmental crimes, which result in severe harm to citizens, the disciplinary penalties vary and are graded according to the crime committed.

Keywords