MA’ARIF, IMAM (2008) IMPLEMENTASI KONSEP PELESTARIAN LINGKUNGAN HIDUP MENURUT HUKUM ISLAM DALAM KEBIJAKSANAAN LINGKUNGAN DAN HUKUM POSITIF DI INDONESIA. Other thesis, University of Muhammadiyah Malang.
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Abstract
Indonesia living area gifted by The God for Indonesian people is a God’s mercy and gift that is required to be maintened and its capacity required to be developed in order that become the living sources and supporter for Indonesian people and other creatures for their own survival in good quality. Development is as an aware efforts in managing and utilizing natural resources to improve society prosperity, both to gain physical prosperity and to meet spiritual satisfaction. Therefore, natural resources utilization must be harmonious, matching, and equal with living area function. Constitutions’ 1945 as the constitutional basic makes the natural resources as the compulsory to be used for fully Indonesian prosperity. Indonesian prosperity must be able to be enjoyed continuously by the present and the future generations. In Section 1 point 6th Law No. 23 year 1997, it is mentioned that living area is a room unity with all of its things, powers, conditions and creatures, includes human being with their behavior, that affecting living survival dan human being and other creature’s prosperity. Environment education has been taught by the Messenger of God (Rasulullah SAW) to his friends. Abu Darda’ ra was ever explained that in a learning room taugh by Rasulullah, it has been taught about the importance of planting and cultivating a plant, and also the importance of an effort to change infertile land into a fertile garden. Those activities will effectual on the side of Allah SWT and working to prosper the earth include pray to Allah SWT. The purpose of this resarch is to know living area maintenance concept according to Islamic law and policy about living area maintenance concept in Indonesia and also to know its implementation in positive law at Indonesia. Religious value is a tightly hold value and obeyed by Indonesia. Because majority of Indonesian people is Islam. Hence it has commonly that Islam has exclusive role and position in National Law Development. One of environment Basics is written in Qoran surah Al-Qashash: 77. In a book of Islam Agama Ramah Lingkungan, Yusuf Qardhawi gives some concept of living are in Islam, that is: firstly, tree planting and reforestation. Secondly, land plow up and fertilizing (refertilizing an infertile land). Thirdly, keep clean. Forthly, keep natural resources. Fifthly, keep human’s healthy. Sixthly, to be friendly on environment. Seventhly, keep the environment from destruction. Finnally, keep environment equilibrium. From some description above, we can see that the constitution is laid on the Islamic law. Where it cares about many problems in concern with environment. Automatically, he also clarify the prohibition to anybody who will contaminate and damage it. Those such principles is grounded by a basic rule of fiqih stated that, ”it does not damaging and does not threated by a danger”. Hence, any threatening dangers must be removed, whatever its consequence. While, if the danger indication is small enough, hence it can be tolerate as long as it does not threatening.If Islamic concept about a living area as the mentioned above is applied optimally by the government in each of its determined policy and positive law, hence living area safeguarding in Indonesia will be established better. Keywords: implementation, concept, and living area safeguarding.
| Item Type: | Thesis (Other) |
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| Subjects: | K Law > K Law (General) |
| Divisions: | Twinning Program |
| Depositing User: | Anggit Aldila |
| Date Deposited: | 15 May 2012 07:26 |
| Last Modified: | 15 May 2012 07:26 |
| URI : | http://eprints.umm.ac.id/id/eprint/5362 |
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