Managing Blue Gold: A Comparative Study of Islamic Law and International Water Law

Mohammad Daud Rezaee1

1- Scientific board member of Kateb University, Kabul, Afghanistan

Abstract

Transboundary rivers do not only cross international borders, they also traverse territories governed by different legal cultures and systems. This opens the question of how these legal systems relate to rules of international water law in order to see the international rules governing the management of shared freshwater resources implemented in the territories of States with different legal traditions. To respond to this question in relation to riparian countries where the Sharia is the predominant legal system, this article discusses the relationship between Islamic guiding principles and principles of international water law governing transboundary river basins. It draws out the similarities and differences of these two legal systems. While maybe not apparent at first sight, the two legal systems have many commonalities. The primary purpose of this paper is to find out what Islamic guiding principles offer for water management in general and transboundary water management in particular. The overall objective is to illustrate the contribution of Islamic law to transboundary river basin management according to international law rules.

Key Words: Islamic law, international law, transboundary, and water management

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2024-07-23