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4.6 History, Religion, Law |
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47: Forest Policy |
In the name of the merciful and compassionate God
(Translation from Arabic into English by Mr. Yassin Abdul-Rahman Hassan, B.A., sworn translator, member of Iraqi Translators Association. Baghdad, 29 Aug. 1993)

Your Honour our father Ahmed Mohamad Zabarah the Scholar and Mufti ("Official religious legal advisor". transl. rem.) of the Republic of Yemen.
Dear Sir,
There are some questions and inquiries for which we need your Fatwa ("religious legal opinion". Transl. rem.), may God reward you and guide your steps!
Presented by: Martin Herzog and Ahmed Yehya Ali.
The questions are as follows:

Q1: Is it the duty of mosque's preachers to raise public awareness and make them familiar with the importance of tree conservation?
A1: In the name of God.
Tree conservation is the duty of the government, scientists, preachers and all classes of people, because the tree is of God creation, so he entrusted us with its conservation. It is of great use to moisture and one of rains causes and living necessities. The government celebrates the Tree week every year at the beginning of spring and on this occasion many fruitful and fruitless plants are brought and this contributed to the spreading of trees planting. The senior persons in charge take part in tree week for planting of trees.
Mufti of Yemen Republic
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Q2: There is a sacred tradition (by the Prophet Mohamad) Peace be upon him, namely, "you (muslims, authors rem.) should participate in three things: Water, Fire ("fire-wood". transl.) and Forage."
Does this tradition mean that Bura' Mountain Forest, which is considered as endowment ("waqf", the transl.) land, should be treated as dedicated land and common property to all people and the government or any other authority has no right to protect the forest or supervise the process of fire-wood and tree cutting from the forest?
A2: In the name of God
People should participate in the common forage which is not owned or due to particular persons. The mortmained estate of Bura' Mountain Forest should be subject to the provisions of the endower ("waqf creator". transl.). Its protection is necessary and must be preserved by the guardians ("mutawalleen") and with government help. Its trees mustn't be cut at random manner, because this forest is of Yemeni glorious heritage. It is the task of government and persons in charge to prevent its extinctionby stopping trees cutting so that its benefit to continue for the coming generation.

Q3: Hundreds years ago the Bajli Family endowed a land of vast area at Bura' and it is now a natural forest known at present as Bura' Mountain Forest. It is the most important forest on the Arabian Peninsula and the last one that remains of Arabia Felix forests.
As a result of endowment document stipulation that all persons have the right to obtain their livehood from the forest, it is now exposed to the process of fire-wood and trees cutting at random way and the forest may disappear if this process continues.
Then, is it the right of the Ministry of Agriculture, represented by the Direcorate General of Forests, to work for protecting the forest and regulating this cutting process? Let us know, please!
What is the Islamic Law point of view if the Ministry of Agriculture protects the rare trees from the extinction operation, bearing in mind that these trees don't exist in the whole world exept in Bura' Mountain?
A3: In the name of God
The Ministry of Agriculture should help the special guardian from Bajili Hous in protecting the forest from extinction particularly it contains trees not exist in the whole world, therefore, such trees must be preserved and developed. ....
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Q4: If the Ministry of Agriculture makes Bura' Forest a national park and becomes of economic return, what is the proportion of this return that will be given to Bajli family, bearing in mind that there is an office (diwan) in endowment (waqf) name and the endowment document (waqfiyah) doesn't refer to the percentage to be paid by the beneficiary of the endowments?
A4: In the name of God
If the forest becomes a public national park with economic return, the Bajli Family will have a tithe (one tenth) or a quarter of tithe or as the competent persons decide.

Q5: Scientifically speaking, there are some privately owned rare trees belonging to some tribes who don't know their scientific value and important rarity.
Now, has the government the right to protect these trees and how the process of protection will be done according to Islamic point of view?
A5: In the name of God
The government should guide the owners of rare trees to preserve, make them familiar with their value and assist them in conserving such trees.
Q6: There is a forest which is owned by some tribe. Has this proprietor tribe to protect the forest from fire-wood and tree cutting that is done by some persons and groups of other tribes were in the past and even now are cutting fire-wood and trees from this Forest?
Is it rightful for this tribe, the forest owner, to oblige such groups and tribes plantinng and afforesting the forest in return for their continued fire-wood and cutting from the forest? What the Islamic Law view point concerning this point?
A6: In the name of God
The tribe who owns the forest may oblige such groups and tribes to plant and afforest the forest in return for their continued fire-wood and cutting from the forest. A new planting must be done in return for cutting from the forest.
Mufti of the Republic of Yemen
(signature and stamp)
Comments:
Zabara (Z1) as well as Ba Kader (BK1-BK3) put at the top the obligation for every muslim to participate actively in conservation. Ba Kader grounds this obligation in the commitment towards islamic morals and manners. Environmental protection can clearly be based on Religious awareness and islamic guidance.
BK4 just quotes the fact of common ownership while Z2 confirms that for waqf property there is a priority of the will formulated in the endowment, but that the forest should be protected by common efforts, in favour of future generations, with governmental assistance! - Not under governmental pressure! To oblige the population is the right and duty of the local leadership Z6, as the central government is mainly concerned with itself and lacks the lustre of "being determined by the common good" (BK5). Government should assist not ordain. This quest from Z2 is repeated in Z3 and Z5.
The idea of responsibility (Z2) for future generations is related to the ideas of prevention and responsibility for actions, formulated in rule BK9, BK11 and BK12. In both cases the priority of the common over the individual good is clear (BK5, BK6, BK10), but the ways to reach it are different. Ba Kader, starting with individual, personal duty, can and does assign the right for regulatory measures and actions to the government. His terms are (BK12) "forbid, limit, impose". Zabara, for the case of Yemen, calls for the government to raise the awareness and to assist the population! His terms are (Z2, Z3, Z5) "help, assist, guide". Where obligation comes in it has to be done through the local social leadership (Z6).
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4.6 History, Religion, Law |
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47: Forest Policy |