UDTR Global Rights of Nature Radar

Integrating Islamic Environmental Ethics into Legal Frameworks: The Role of Hima, Primum Remedium, and Strict Liability in Protecting Mining-Affected Communities

Identification

Public canonical key

radar:r-0d942c973dc0dd7d928e65d083dcae8b

Authors

Sofyan Hakim · Jalaluddin · Sukarni · Mujiburohman Abul Abas · Abdul Jamil · Muhammad Riza Hafizi

Reported year

2025

Reported language

en

Source type

article

First detected

2026-11-13T12:47:02.276814+00:00

Last metadata observation

2026-11-13T12:47:02.276814+00:00

Last HTTP verification

Not checked

Institutions reported by the source

Universitas Islam Negeri Palangka Raya · Universitas Islam Negeri Antasari Banjarmasin · Universiti Utara Malaysia

Reported affiliation countries

ID · MY

Documentary abstract — original language

The increasing number of exploitations in mining is a threat, which has a serious impact on environmental damage and causes social, economic, and ecological losses. Meanwhile, the legal mechanism of environmental ethics has not been fully effective in terms of comprehensive protection in prevention or recovery. The study aimed to analyze the integration of Islamic environmental ethics principles into the legal framework of the role of hima conservation, primum remedium, and strict liability in strengthening environmental law. The method used normative juridical with a conceptual approach, case approach, and sources of Islamic law. The findings show that the hima conservation area is a place for traditional heritage conservation that maintains harmony among culture, humans, and the environment following the principle of maqasid syari’ah. Meanwhile, the limitation of industrial exploitation under the principle of primum remedium in positive law emphasizes the use of criminal law as a preventive measure and strict liability or absolute responsibility without any proof of fault. These three principles, if applied systematically into the framework of modern environmental law reform that integrates Islamic ethical principles into national environmental laws, will strengthen ecological justice and protection. It is supported by moral, cultural, and spiritual responsibility to protect the environment and build a sustainable legal system.

Identifiers

OPENALEX

https://openalex.org/W7128538272

DOI

10.23971/jsam.v21i1.10014

Documentary context

Documentary family

article

Source-reported types

article

Publishers

LP2M IAIN Palangka Raya

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1

• Document · https://doi.org/10.23971/jsam.v21i1.10014

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.