Water Jurisprudence in Islam and the Challenges of Water Management in Mauritania

Abstract

This study examines the significance of water in Islamic law and the regulations governing its utilization according to Maliki jurisprudence, while contextualizing these principles within the contemporary water management challenges in Mauritania, characterized by scarcity and developmental pressures. It highlights the purposive and normative role of Islamic jurisprudence in guiding sustainable water policies. The research adopts a descriptive-analytical approach, complemented by a deductive method to apply fiqh principles to the Mauritanian water context. Findings reveal that Maliki jurisprudence provides a comprehensive legal framework for water resource management, emphasizing the communal nature of water, restrictions on private ownership, prevention of harm and monopoly, and prioritization of essential needs. Applying these principles in Mauritania legitimizes state intervention in regulating and protecting water resources from overuse and pollution, while promoting equitable distribution. The study recommends integrating fiqh-based and purposive principles into national water legislation and policy, thereby ensuring sustainable resource management and balancing the imperatives of Sharia with contemporary development needs.