International Relations Researches

International Relations Researches

Policy Factors and State Responsibility for the Desiccation of Lake Urmia from the Perspective of Islamic Jurisprudential Rules

Document Type : Original Article

Authors
Ezzatollah Ganjkhanlou 1
Azizollah Fahimi 2
Ahmad Deylami 3
1 Ph.D. Candidate in Private Law, University of Qom, Qom, Iran.
2 Corresponding Author,Associate Professor, Department of Private Law, University of Qom, Qom, Iran
3 Associate Professor, Department of Private Law, University of Qom, Qom, Iran. deylami@qom.ac.ir
10.22034/irr.2025.246116
Abstract
The desiccation of Lake Urmia has become one of Iran’s most serious environmental crises, producing significant economic, social, health, and ecological consequences and affecting the rights of present and future generations. This study aims to identify and prioritize the factors contributing to the desiccation of Lake Urmia and to analyze them within the framework of state responsibility based on the Islamic legal maxims of La Darar (No-Harm Principle) and Ehteram (Principle of Respect). This applied qualitative study employed the Delphi technique. Eighteen experts in Islamic jurisprudence and law, water resources management, environmental studies, and geography were selected through purposive sampling. Data were collected in three Delphi rounds and analyzed using mean, standard deviation, and Kendall’s coefficient of concordance. The reliability of the instrument was confirmed by a Cronbach’s alpha of 0.87. The findings revealed that 17 out of 24 initial indicators were confirmed within four dimensions: jurisprudential–legal, policy–managerial, developmental, and natural–climatic. The most important factors included the state’s responsibility to prevent environmental harm, the expansion of irrigated agriculture, unsustainable water management, and unequal water allocation. The results indicate that the Lake Urmia crisis is influenced more by policy and managerial decisions than by natural factors. From the perspective of Islamic legal maxims, these findings provide a basis for establishing state responsibility in protecting public resources and preventing environmental damage.
Alsan, M. (2009). Citizenship rights from the perspective of global citizenship theory and Iranian laws and regulations. Human Rights Biannual Journal. (In Arabic)
Alsan, M. (2009). Theory of government civil liability in natural disasters. Law and Politics, 10(24). (In Arabic)
Conca, K. (2019). Governing water: Contentious transnational politics and global institution building. MIT Press.
Fahimi, A. (2017). Civil liability arising from environmental destruction in Iranian jurisprudence and law: A comparative study with French law and international documents. Research Institute of Islamic Sciences and Culture. (In Persian)
Fahimi, A., & Mashhadi, A. (2011). Shiite jurisprudence and the evolution of environmental civil liability foundations. Private Law Studies. (In Persian)
Galaz, V., & Timberlake, M. (2019). Globalizing water governance: Constraints and opportunities. Palgrave Macmillan.
Ghamami, M. (1997). Government civil liability toward its employees. Dadgostar Publications. (In Persian)
Ghasemzadeh, M. (2008). Obligations and civil liability. Mizan Publications. (In Persian)
Huitema, D., & Russo, A. (2021). Adaptive governance for water management: Theory and practice. Springer.
Jourdain, P. (2006). Principles of civil liability (M. Adib, Trans.). Mizan Publications. (In Persian)
Kant, I. (2004). Philosophy of law (M. Sanei Darrehbidi, Trans.). Naghsh Negar Publications. (In Persian)
Katouzian, N. (2001). Compulsory liability and civil responsibility. University of Tehran Press. (In Persian)
Ostrom, E. (2021). Governing the commons: The evolution of institutions for collective action. Cambridge University Press.
Pahl-Wostl, C. (2018). Water governance in the face of global change: From understanding to transformation. Springer.
Rogers, P., & Hall, A. W. (2020). Effective water governance. Global Water Partnership.
Safaei, S. H. (2015). Civil liability arising from environmental damages. Islamic Azad University, Central Tehran Branch. (In Persian)
Safaei, S. H., & Zakerinia, H. (2015). A comparative study of compensation methods in non-contractual civil liability. Private Law Studies. (In Persian)
Salehi Mazandarani, M. (2015). A comparative study of the basis and nature of government civil liability. Comparative Law Journal, (103). (In Persian)
Sarvar, H., Lalehpour, M., & Karbasi, P. (2025). Challenges of water resource management and ecosystem preservation in the Lake Urmia basin. Geography Journal, (85), 41–55. (In Persian)
Shahbazi Nia, M. (2007). The right to social security: Characteristics, content, and governing principles. Social Security Quarterly, 9(30). (In Persian)
Shaker, F. (2018). A brief history of Iran and distributive justice (M. Amini, Trans.). Markaz Publications. (In Persian)
Sharifzadeh Aghdam, E. (2025). Ecotourism and climate change: Foresight and planning for a sustainable Lake Urmia. Soft Industries Think Tank. (In Persian)
Shokri, T., & Zare, A. (2016). Municipal civil liability toward citizens. Private and Criminal Law Research Journal. (In Persian)
Soroush Mahallati, M. (2018). Environmental jurisprudence. Ney Publications. (In Persian)
The Holy Qur'an.
Timmer, V. E., & Seymore, J. (2017). Water governance and policy cycles: A comparison of Australia, Canada, and the United States. Springer.
Warner, J. F. (2019). Towards adaptive water governance: Experiences from the developing world. Eburon Publishers.
Zargoush, M. (2006). Civil liability of the government (Vol. 1). Mizan Publications. (In Persian)
Zargoush, M. (2009). Civil liability of the government in natural disasters. Social Development Journal, (23). (In Persian)
Zargoush, M. (2010). Civil liability of the government (Vol. 2). Mizan Publications. (In Persian)