EFFECTS OF THE LEGAL MAXIM: NO HARMING AND NO COUNTER-HARMING ON THE ENFORCEMENT OF ENVIRONMENTAL PROTECTION

Legal maxims are legal instruments that give a bird s eye view of the content of the law. Reflective of a consolidated reading offiqh by great jurists over many centuries, legal maxims are a handy tool for researchers, lawyers, judges and legislators who need it to expand the grasp and understanding of the content and objective of the law. They also reflect settled principles of law to which jurists appeal when confronting new legal cases. This paper explores the Prophetic hadith turnedmaxim, to reveal the dynamism of Islamic law towards prevention of environmental excesses and enforcement of legal protection by individuals or organisations. The maxim No Harming and No Counter-harming and its auxiliary maxims are appropriate legal instruments for legislations related to environmental protections. The subject has been discussed based on the provisions of Qur an, Prophetic traditions and their interpretation by scholars as relating to the general provisions of the Maxim. Limiting itself to one universal maxim, the study aims to extend the regulations expounded in the above sources to contemporary environmental issues detailing legal injunctions against environmental harm and the removal of the existing ones.