Paper Title :Criminal Liability of Corporate Bodies For Polluting the Environment: Sharia and Law Perspectives
Author :Ameel Jabbar Ashour, Harlida Abdul Wahab
Article Citation :Ameel Jabbar Ashour ,Harlida Abdul Wahab ,
(2016 ) " Criminal Liability of Corporate Bodies For Polluting the Environment: Sharia and Law Perspectives " ,
International Journal of Management and Applied Science (IJMAS) ,
pp. 222-228,
Volume-2,Issue-9, Special Issue-1
Abstract : the purpose of this paper is to determine the criminal liability of a corporate body that is not specified as a crime
for polluting the environment within man-made laws except if it is committed by a natural person (human being). The
offender of environmental crime can either be a natural person or a corporate body. However, the determination of the
responsibility of corporate bodies for this particular crime has been the subject of much debate between supporters and
opponents within the legal community. It should be noted that the damage caused by a natural person in the field of
environmental crimes is limited as compared with that of a corporate body, especially by the industrial companies in major
industrialized countries. Therefore, this paper seeks to find out the real position of a corporate body’s criminal liability for
the crimes committed against the environment in the Islamic and legal jurisprudence. This paper adopts qualitative method
of research. Since determining the criminal liability of corporate bodies concerning crimes of polluting the environment in
the light of Islamic Sharia is worth all the attention due to the continuous increase in the number of the corporate bodies as
well as its great influence in the social and economic life of society. Jurisprudence has been split between supporters and
opponents of this new direction of the liability of these persons concerning their crimes against the environment. The rage of
disputes at the level of jurisprudence from time to time, has led to a need to adopt a more practical approach in the
implementation of criminal legislation that is a deterrent against corporate bodies on the issues in order to protect the
environment.
Keywords- Criminal Liability, Pollution, Environmental Crimes, Corporate body, Islamic Sharia.
Type : Research paper
Published : Volume-2,Issue-9, Special Issue-1
Copyright: © Institute of Research and Journals
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Published on 2016-11-19 |
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