Cahyo, Eko Nur (2019) THE APPLICATION OF STRICT LIABILITY ON CORPORATION OF FOREST AND LAND FIRES ON THE PERSPECTIVE OF ENVIRONMENTAL LAW AND FIQH AL-BIAH (An analysis of decision Number:456/Pdt.G-LH/2016/PN Jkt. Sel). Ijtihad, 13 (2). pp. 193-217. ISSN 1907-4514

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Abstract

Problems related to environmental damage is a hot topic discussed today. Aside from being concerned with the basic needs of all humanity, environmental degradation goes hand in hand with economic and technological advancements which are expected to lead to human benefit and prosperity. One of the efforts made to provide environmental protection is to adopt the application of Strict Liability in Anglo Saxon countries in solving cases of environmental damage caused by corporations. According to the principle of strict liability, the claim is not based on an element of error but is based on the impact of the defendant’s actions. One example of a forest and land fire that was successfully decided based on Strict Liability is the decision number: 456 / Pdt.G-LH / 2016 / PN Jkt Sel. On the other hand, environmental problems are also closely related to spiritual issues. As a living solution, Islam provides views through Muslim scholars regarding environmental issues with the inception of the idea of Al- Biah Fiqh. The approach taken through Maqasid Syariah, by combining hifdz al-biah as a matter of dharuriyat. This was supported by Mustafa Abu Sway and also Ali Yafie. The results of this study indicate a paradigm difference between the more reductionist environmental law and a more holistic environmental law. But even so, Strict Liability can be adjusted with fiqh al-biah with several conditions

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