كيفية الانتفاع بمياه النهر الدولي في الفقه الإسلامي والقانون الدولي (دراسة فقهية وقانونية مقارنة)

چکیده

The usage of Water of International River is one of the most important topics that is widely discussed these days, indeed, water is a very important component for the survival of beings on earth and an essential substance on which the lives of all creatures including human, depends on water, as Allah Almighty said: (And we have made of water everything living). Moreover, the fresh water, which is suitable for life and different usage, constitutes only 1% of the resources available in the world and the rest is saltwater that is not suitable for human consumption, agriculture, and even not suitable for many industrial uses.
It is obvious, that the Usage of water of the International River has increased greatly at the present time, due to increasing growth in populatin and that people’s and countries need water of International Rivers for drinking, domestic uses, agriculture and industry. Water has become a strategic component of life that is more important than oil, food and weapons, especially with the problem of water shortage in the region. Furthermore, every regions, villages, and even countries have share in the International river and watercourse, and every nation or country riparian and adjacent to the river attempts to exploit and use the largest share of the river’s water without taking into account the common interests of other countries, and selling the water of International River to other regions and countries, that may stir up a dispute between the riparian states and regions over the suitable usage of water of international river for industrial and agricultural purposes. Despite the existence of customary rules at the international level to regulate this exploitation, some countries have entered into treaties with other countries in order to regulate this exploitation in order to prevent it from affecting their rights. Given the importance of this topic, I wanted to write this research entitled: “The Usage of waters of the international river in Islamic jurisprudence and international law - a comparative jurisprudential and legal study,” in order to clarify the position of Islamic jurisprudence and International law. Indeed, Islamic jurisprudence regulated a set of rules and provisions for the use of the waters of the international river, as these provisions preserve the rights of all sharer in the river on the basis of justice and cooperation in preserving the safety of the water from pollution or causing harm to water resources. This article is divided into three sections, as follows:
First Section: How to use the water of the International River in Islamic Jurisprudence
Second Section: How to use the water of the International River in International Law (United Nations Convention of 1997)
Third Section: Comparison between Islamic Jurisprudence and International Law in the usage of water of the International River