Reconstructing Usul Fiqh and Islamic Family Law for Environmental Justice in the Global South

Abstract

Climate change poses significant environmental and social challenges for countries in the Global South, which experience disproportionate impacts despite contributing relatively little to global greenhouse gas emissions. While environmental justice has become an important legal and policy concern, the role of Islamic jurisprudence and Islamic family law in addressing climate-related vulnerabilities remains underexplored. This study aims to reconstruct the principles of uṣūl al-fiqh and Islamic family law as normative foundations for promoting environmental justice and climate resilience in Muslim-majority societies. Using a doctrinal legal research method with a normative-analytical approach, the study examines classical and contemporary Islamic legal sources, focusing on maqāṣid al-sharī‘ah, maṣlaḥah, istiṣlāḥ, and sadd al-dharā’iʿ. Data were analyzed through thematic review and normative reconstruction of literature on Islamic family law, environmental justice, and climate governance. The findings indicate that Islamic legal principles provide a flexible framework for integrating environmental protection into legal reasoning. Environmental justice can be interpreted as an extension of maqāṣid al-sharī‘ah, particularly through the protection of life, property, lineage, and intergenerational welfare. Furthermore, Islamic family law can strengthen climate resilience by incorporating environmental responsibilities into family welfare, resource management, and intergenerational obligations. The study’s novelty lies in integrating environmental justice with both uṣūl al-fiqh and Islamic family law, resulting in a reconstructive model that positions environmental justice as an internal objective of Islamic legal reasoning. This framework contributes to the development of Islamic environmental jurisprudence and climate justice initiatives in the Global South.