Rivers rights in Islamic law: between implicit recognition of legal personality and sustainable use regulation

Purpose The purpose of this study is to explore the rights of rivers in Islamic law and investigate the potential application of the concept of “legal personality” for rivers, particularly in the context of modern legal systems in certain countries. It aims to analyze Islamic legal provisions that relate to rivers, including how their resources are distributed and used, and how these provisions contribute to societal organization and environmental protection. Design/methodology/approach This study adopts a historical, comparative and descriptive-analytical approach. It examines the evolution of Islamic law regarding river rights, comparing classical and contemporary interpretations. The study also looks at how Islamic legal principles regarding river protection have been integrated into modern legal systems in countries like Iraq, Morocco, Pakistan and Indonesia. This research also explores the application of the “legal personality” concept for rivers, particularly in jurisdictions where this concept has been implemented. Findings This study finds that while Islamic law does not explicitly recognize rivers as legal entities, it indirectly acknowledges their importance by granting them certain rights, such as protection from pollution and degradation, to ensure ecological balance and human rights protection. This research highlights that historical Islamic civilizations, such as the Ottoman and Andalusian, developed legal systems that ensured the preservation of rivers and regulated their use for justice and public welfare. Originality/value The originality of this study lies in its exploration of the concept of “legal personality” for rivers within the context of Islamic law, which has not been extensively explored in existing literature. It bridges the gap between Islamic legal principles and contemporary environmental law, providing insights into how these principles can be integrated into modern legal frameworks to support river protection. This study offers valuable perspectives for countries looking to integrate Islamic legal principles into their environmental policies and international legal frameworks.