Family Law and Legal Culture
Vol. 3 No. 1 (2026): Mir'ah: Family Law and Legal Culture

Reconceptualizing Hifz al-Bīʻah within Maqāṣid al-Sharī'ah: An Islamic Environmental Jurisprudence Analysis of Forest and Land Fires in Kalimantan

Muhammad Ramsah (State Islamic University of Palangka Raya)
Ahmad Dakhoir (State Islamic University of Palangka Raya)
Puji Rahmiati (State Islamic University of Palangka Raya)



Article Info

Publish Date
30 Jun 2026

Abstract

Forest and land fires (FLF) remain a recurring environmental problem in Kalimantan, causing ecological degradation, public health risks, economic losses, and climate-related impacts. This study aims to analyze FLF from the perspective of environmental Islamic jurisprudence (fiqh al-bīʻah) by positioning ḥifẓ al-bīʻah (environmental preservation) as a contemporary development of maqāṣid al-sharī’ah. This research employed a descriptive qualitative library research method by examining the Indonesian Council of Ulama (MUI) Fatwa No. 30 of 2016, MUI Fatwa No. 86 of 2023, Islamic legal maxims, maqāṣid al-sharī’ah literature, and secondary data on FLF in Kalimantan during 2023–2024. The findings reveal that land clearing through burning contradicts the principle of ḥifẓ al-bīʻah and is declared prohibited (haram) under both fatwas. Islamic legal maxims, including (Lā dharara wa lā dhirāra), (Dar'ul mafasidi muqaddamun 'ala jalbil mashalih), and (Ad-dhararu yuzalu) further emphasize that preventing environmental harm must take precedence over short-term economic interests. This study contributes to strengthening environmental Islamic jurisprudence as a normative framework supporting FLF prevention through the integration of state regulations, religious fatwas, and environmental da'wah. Nevertheless, this study is limited to library research; therefore, future field-based studies are needed to examine the implementation of ḥifẓ al-bīʻah in forest and land fire prevention.

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Journal Info

Abbrev

mirah

Publisher

Subject

Description

Focus and Scope Mirah: Family Law and Legal Culture is a double-blind peer-reviewed journal published by Sharia Faculty of State Islamic University (UIN) Palangka Raya, Indonesia. Focus Mirah: Family Law and Legal Culture focuses on Family Law, Islamic Law, and Local Wisdom. Scope Mirah: Family Law ...