LIMITING THE PERMISSIBLE (TAQYID AL-MUBAH) AND ITS EFFECT ON ENVIRONMENTAL PROTECTION: AN APPLIED STUDY ON ENVIRONMENTAL SYSTEMS IN THE KINGDOM OF SAUDI ARABIA

Abstract

This study addresses the prominent jurisprudential dilemma between the principle that "the fundamental rule regarding things is permissibility" (Al-Asl fi Al-Ashyaa’ Al-Ibahah) as an established rule in Islamic legislation, and the contemporary necessity of imposing regulatory restrictions for environmental protection. The study presents the rule of "Limiting the Permissible (Taqyid al-Mubah)" as the theoretical framework that resolves this tension, demonstrating that modern environmental regulations do not contradict the higher objectives (Maqasid) of Sharia but rather activate its supreme principles. Employing the descriptive-analytical and inductive methodologies, the research analyzes the technical concept of the rule and its application controls. Subsequently, it inductively examines its practical applications in three main areas within the Saudi Environmental System: regulating land ownership in protected areas, regulating the exploitation of natural resources, and regulating the hunting of wildlife. The study concludes that these regulations do not represent a departure from the rulings of Sharia but are, in fact, an authentic legal application of the ruler's authority (Wali al-Amr) to limit the permissible in order to realize the public interest (Maslaha Amma) embodied in preserving and sustaining the ecological system.