Islamic Legal Authority and the Restriction of Permissible Water Use: A Case Study of Water Governance in Jordan
Omar A. Algharaibeh, Mohammad M. bani EssaThis study examines the authority of the ruler, or guardian, in Islamic jurisprudence to restrict or prohibit otherwise permissible acts related to water use in order to achieve the public interest, with Jordan as a case study. The study highlights the water situation in Jordan and analyzes selected practical cases in which water use has been regulated or restricted. It adopts a descriptive and inductive methodology to examine the jurisprudential foundations of restricting permissible acts and their application to contemporary water governance. The findings show that the authority granted to the ruler is not absolute, but is governed by legal controls, public-interest considerations, and the principle of necessity. The study confirms that Islamic law permits the ruler to restrict or prohibit certain permissible actions when doing so is required to protect the public interest, particularly in cases of genuine necessity and after other available means have been exhausted. This reflects the flexibility and comprehensiveness of Islamic law in addressing emerging social, environmental, and economic challenges. The applied examples from Jordan demonstrate that restricting permissible water use is justified when it serves the public interest, protects water resources, and contributes to water security. The study also emphasizes that water is an economic and strategic resource of high value across agricultural, industrial, domestic, and recreational uses. The study recommends further research on Islamic legal approaches to water governance, the development of practical solutions to Jordan’s water crisis, the enhancement of water security, the reduction of the water deficit, and the protection of the environment.