BLOCKING THE MEANS TO EVIL (SADD AL-DHARA’I) AND ITS EFFECT ON PRESERVING THE ENVIRONMENTAL SYSTEM IN THE KINGDOM OF SAUDI ARABIA

Abstract

This academic study addresses the jurisprudential and legislative dilemma concerning how to utilize the principle of “Blocking the Means to Evil (Sadd al-Dhara’i)” as an effective fundamental tool within the legal system for environmental protection and sustainability. While many actions related to resource utilization (such as grazing or land exploitation) are fundamentally permissible, the unrestricted practice of these actions may, often and predominantly, lead to a significant and recognized environmental detriment. This study presents the principle of “Sadd al-Dhara’i” as the foundational jurisprudential framework that legitimizes the imposition of regulatory restrictions aimed at preempting the cause of corruption and averting environmental harm before it occurs. Utilizing the descriptive-analytical methodology, the research deconstructs and analyzes the technical and linguistic concept of the rule of “Sadd al-Dhara’i,” clarifying its three jurisprudential categories and the ruling for each. This is conducted in parallel with grounding the technical and linguistic concepts of the “Environment” and defining its natural and built components. The research then shifts to the applied aspect, inductively examining and analyzing practical applications of this rule within the texts of the operative environmental regulations in the Kingdom of Saudi Arabia. The analysis focuses on three axes, regulating grazing, protecting national parks, and controlling the exploitation of vegetation cover lands.