Comparison and Contrast of Islamic Water Management Principles with International Water Law Principles: A Case Study of Helmand River Basin

1 Research Center, Ghalib University, Herat, Afghanistan; loodin2234@gmail.com 2 Professor, Geography in the College of Earth, Ocean and Atmospheric Sciences, Oregon State University, USA; Aaron.Wolf@oregonstate.edu * Correspondence: loodin2234@gmail.com ; Tel.: 0093-798-697-629 Abstract: Considering the negative impacts of climate changes along with the rapid increase in population in Islamic dominated states, e.g., the Middle East, water tension among upstream and downstream states is increasing. Despite the importance of water management in Islamic culture, the role of religion has been under-valued and under-emphasized by the scholars. The paper has sought to compare and contrast Islamic water management principles (IWMP) with international water law principles (IWLP). The findings from this analysis show not only that IWMP are in conformity with IWLP, but that in many cases, IWMP can be more effective. For instance, where international water accords between riparian states of a shared river basin are poorly developed and lack enforcement mechanisms under IWLP, those upstream states can abuse their geographical locations depriving those downstream-ers. In contrast, IWMPs stress the equitable and reasonable use of water resources among upstream and downstream users of a shared watercourse. Moreover, although IWLPs emphasize the conservation and preservation of ecosystems and the environment at the basin level, the inter-basin states especially those upstream can pose significant harm to the ecosystems. On the other side, Islam as the religion of peace, has placed much emphasis on the preservation of nature. For example, the verse, “.... And waste not by excess, for Allah loves not the wasters” [Quran, 7:31], illustrates the importance of the sustainable use of water and the environment. It is argued that if Islamic Water Management Principles are incorporated into the management instrument of Islamic States, the issue of equitable and sustainable use of water among Muslim-dominated riparian states (e.g., Iran, Afghanistan, etc.) will be solved.

is used, it refers to people (mankind) to whom God entrusted some part of his power on earth. In fact, Mohamed [65] believes that Allah examines mankind's fairness and justices over things under their stewardship including the natural environment, e.g., rivers, lakes, wetlands, etc.

C. Principle of Responsibility
The third principle of Islamic Environmental ethics is Amana (trust). According to Islamic view, Allah offered trust to man, the trustee [31,33,82]. Mankind took the risk of accepting the 'responsibility. Allah in the holy Quran says, "Verily, we did offer the amana to the heavens and the earth and the mountains; but they refused to bear it Yet man took it -for, verily, he has always been prone to tyranny and foolishness" [Qur'an 33:72]. As trustee or vicegerent of God, man has to fulfil the responsibility by acting justly according to the wills of Allah, or he disobeys God's commands by committing injustices against God's creation [33], e.g., the over-exploitation and over-abstraction of natural resource and the nature. Sarkawi et al. [82] posit that failing to utilize the resources wisely will have negative consequences on us (mankind). It is argued that the two main sources of Islam, Quran and hadith (Al-Sunnah) teach us that the universe is created in perfect and accurate measure, and if the environment is managed reasonably, the earth provides sufficient resources for mankind's consumption, inasmuch as the world exists. Sarkawi et al. [82] further add that human beings are viewed as part of nature; however, they are considered superior to other creations due to their mental capabilities and talents [15].
It is argued that if mankind makes mischief and does evil on earth, e.g., over-exploitation of natural resources, Allah will torture mankind. For example, "The Taste of some of their Deeds" from the Quranic verse, "mischief has appeared on land and sea because of what the hands of men have done, that Allah may give them a taste of some of their deeds, in order that they may turn back" [Quran,30:41] points to environmental disasters and crises [82]. Ammar [12] argues that a man has two responsibilities with regards to the nature. First, man is the manager of the nature (natural environment). Second, man is the user of the nature, e.g., using freshwater for irrigation, domestic, and industrial uses, etc. The Quran notes, "Do you not see that Allah has subjected to your (use)

all things in the heavens and on
Earth and has made his bounties flow to you in exceeding measure, both seen and unseen" [Qur'an 31:20]. Figure 1 illustrates the relationship between God (Allah), the trustee (mankind) and nature (environment).

Theory of Islamic Water Management
Islam has emphasized equity and social justice among mankind. Ansari [13] contends that Islamic way of living includes "living in peace and harmony" at individual, social and ecological levels. Islamic teachings emphasize that natural environment e.g., water Preprints (www.preprints.org) | NOT PEER-REVIEWED | Posted: 23 April 2021 doi:10.20944/preprints202104.0624.v1 resources, belongs to GOD, who entrusted it to humankinds to utilize it in a sustainable and reasonable manner and are expected to pass it on to the future generations [9,11,82].
The theory of Islamic water management is based on two important notions, Tawhid and Fitra. The notion Tawhid, according to Amery [11], testifies the unity of God who created the universe and Muslims have to submit their will and actions to him (God) [31,45].
Based on this notion, human beings (regardless of their faith) have to treat each other equally, including equality in opportunities and co-operation. The notion of "Tawhid" points to the interaction of human with its natural resources environment. As the trustee of God, human beings have to utilize the natural environment (e.g., water) in more reasonable and equal manner [89]. The second notion of the theory of IWM, Fitra, points to the interaction of people with each other. Fitra is "the measure of truth in our actions and being, and at some time the quality of harmony between ourselves and the cosmos" [11].
a. Principle of equitable and reasonable utilization [49] This principle is a subset of the theory of limited territorial sovereignty. According to this principle, each riparian state has the right to share an international watercourse in a reasonable and equitable manner within its own territory [77,93]. This principle is based on the shared sovereignty. Equality in rights of utilization of a shared river basin does not mean equal share of waters.

b. Principle of Obligation not to cause significant harm
This principle is also part of the theory of limited territorial sovereignty [27, p. 82]. This principles stresses that no riparian state in an international basin is allowed to utilize the shared watercourse in its territory in a way that trigger "significant harm" to other basin states or to the environment including harm to human being's health or safety and the health of living species in the basin [93].
This principle is widely recognized by international watercourse and environmental law. However, the main question of "significant harm" or how to define harm as 'significant' remains unanswered [49].

c. Principle of general obligation to cooperate
It is the responsibility of all the riparian states to cooperate with each regarding the state of the watercourse and present and future planning use of the shared watercourse [77]. The cooperation will help the shared water basin to be protected [93].

d. Principle of Protection and preservation of ecosystems
The Riparian states shall individually, and jointly protect and preserve the ecosystems of an international shared basin [77].

Equity
Although equity and equality are used interchangeably in daily conversation, Gutoskey [40] argues that "equality is about dividing resources in matching amounts, and equity focuses more on dividing resources proportionally to achieve a fair outcome for those involved." Brownlie [20] sees equity as "considerations of fairness, reasonableness, and policy often necessary for the sensible application of the more settled rules of law" (p. 26).
In Islam, the main purpose of sending the Prophet (PBUH) is to teach justice and equity to the followers and servants of Allah [47].
About the importance of Justice and Equity, Allah says, "O you who have faith, stand firm in equity (qist) as witnesses for Allah, even if it were against yourselves, or your parents, or your relatives. Whether rich or poor, Allah is more worthy of both. Follow not your desires, so that you may be just." Elias [28] elaborates on the above mentioned verse of the Quran. He argues that this verse is the base concept of justice and equity in Islam. Elias [28] further notes that we have to consider justice and equity for everyone regardless of their religion, ethnicity, language, gender, and race. Mankind should avoid bias and discrimination in utilizing natural resources, e.g., the equitable use of water among upstream and downstream users of a shared river basin.
Similarly, in International Water Law, McIntyre [60] argues that the concept of equity plays a significant role in managing, using and protection of an international watercourse among riparian states. In the principle of 'equitable and reasonable utilization' of international water law [93], the term equity, as the "key normative value", entitles each riparian state (upstream and downstream) to an equitable and reasonable use of an international shared basin flowing their territory [60]. McIntyre [62] critically explores the precise meaning of equity in the area of international water law. McIntyre [62] argues that, "one reason for confusion about the precise meaning of equity in the area of international water law is that it has historically been invoked in relation to a number of different roles" (p. 116) e.g., equity as justice and fairness, procedural equity and Equity" -"ex aequo et bono.

Responsibility
In terms of international water law principles, some scholars believe that one of the responsibilities of riparian states is to not pose significant harm to each other and to the watercourse [30,45,63].
The over-exploitation of natural resources, e.g., adverse effects of human-induced climate changes, which led to the environmental degradation, have raised the question of whether future generation will experience a livable environment or not. In a world with fast growing economy, the fair allocation and utilization of natural resources without compromising the needs of future generation, becomes a less critical issue. Kolstad and Krautkraemer [52] contend that the two criteria, Present-value Criterion and Conservation Criterion are the two basic intergenerational equity criteria. While the present-value criterion centers on the utilization of natural resources at its maximum level, the conservation criterion emphasizes on an economy that is more sustainable. According to conservation criterion, the current generation is responsible to utilize natural resources, e.g., water in a way that does not endanger the needs of future generation. According to the "conservation criterion" future generation has the right to enjoy a natural environment the same as the current generation does. Thus, the discourse of intergenerational equity becomes an important concern in recent decades [52].
From an Islamic lens, responsibility is the most important aspect of Islam. Sahih Al-Bukhari & Muslim narrate that everyone is responsible for his/her doing [16,71]. Obaidullah further states that Allah created the world for a purpose [71]. For instance, the verse "When your Lord told the angels, 'I will place a steward on earth', they said, 'Will you put someone there who will corrupt it and shed blood, while we glorify, praise, and sanctify You?' He said, 'I know things you do not know.'" [Quran,2:30;48]. According to

Sustainability
Despite the wide acceptability of the term "sustainability" as the most important and desirable characteristic of human activities, its meaning and framework, according to Hermanowicz [44] is poorly formulated [26]. The notion of sustainability was first presented more than three decades ago by the World Commission on Environment and Development (WCED). Sustainability is to "meet the needs of the present generation without compromising the ability of the future generation to meet their own needs." Hermanowicz [44] believes that despite the fact that the term, "sustainability" is morally and ethically convincing, the term is technically impractical in planning and decision-making processes. Dovers and Handmer [26] assert that although human and the environment are deeply connected, from sustainability perspective, no such thing exists as purely human or purely environmental system. Hermanowicz [44] posits that the practicality of sustainability could be achieved if the term is explored from three angles: i. Islam emphasizes that Allah (the creator of the universe) has created natural resources (i.e., water resources and nature) with a purpose [82]. The purpose is to provide livelihoods for human beings during their life on earth. Sarkawi et al. [82] also believe that the other purpose of creating natural resources is to test the trusteeship of mankind on the earth. Islam [46] notes that as a result of over-exploitation and inappropriate management of natural resources, along with the negative effects of climate changes, the biosphere is struggling with the significant decline of natural resources, ozone depletion, loss of ecosystems, air pollution, land degradation, river flooding and drought, and sea level rise.

Historical Context
The

Helmand River Delta Commission (HRDC): Establishment and Function
In

Current Context
In the presence of a poorly developed international water treaty, Wolf [96] argues that the issue of water allocation among upstream and downstream users is the most pressing topic. There is currently strong disagreement between the two Islamic states over the water allocation of the Helmand Basin. In recent years, the dispute over water appropriation coupled with drastic climate change, severe droughts, and lack of proper water management have escalated between the two riparian states [10,91].
According to the 1973 water-sharing treaty, Iran's water right amounted to 22 cubic meters per second. Additionally, Iran was allowed to buy as much water as possible. In return, Afghanistan was allowed to use the Bandar Abbas and Chabahar ports without any restrictions [10,91,88]

Commonalities and Differences of IWMP and IWLP
Here, Islamic water management principles will be compared and contrasted with international water law principles. The norms of international water law include: (1) The use of shared water resources in equitable and reasonable manners by the riparians [68] McIntyre [60] believes that the concept of equity plays an important and central role in utilization, management and protection of shared watercourse among co-riparian states. While the principle of equitable and reasonable use of water resources is now being universally understood [60], it is claimed that the concept of equity, as a "normative value" entitles every riparian state to use   [68] argue that due to lack of enforcement mechanism, the international water law fails to settle water tension among upstream and downstream riparians. In fact, Moore [66] notes that every state perceives equity based on their socio-economic, hydro-meteorological, climatic [61], legal and institutional aspects [68,103].
However, from an Islamic Water Management perspective, if an accord is signed among two communities, i.e., Helmand River Basin, the two communities must abide by and be fully committed to the implementation of the agreement [8].

(4) Maintaining and preserving the sustainability of the natural resources [64]
Islam has put much emphasis on the preservation of the environment. The verse, "….

And waste not by excess, for Allah loves not the wasters" [Quran, 7:31] and the hadith, "A Muslim does not plant a sapling but a man or an animal or a bird eats of it, it is a charity
for him till the Day of Resurrection" shed lights on the conservation of the environment. As trustees of God, Ansari [13] argues that natural resources, e.g., water belongs to God, who entrusted it to us to use it in sustainable and equitable manner and to pass it to the next generation without posing significant harm to that [the ecosystems].
Due to the presence of a poorly adapted water treaty between Afghanistan and Iran in the Helmand River Basin, and the adverse impact of climate changes [69,80], the wetland ecosystems have already dried up [10,91,92].
According to Asyraf et al. [14], there are more than 500 verses discussing the importance of the natural environment for the livelihood of human beings and other species and the equal and sustainable use of natural resources among riparian states. In a changing environment [80], maintaining the ecosystems of the Helmand River is the toughest task. It is argued that a community-driven natural resources adaptation mechanism would reduce the effects of climate changes and anthropocentric effects [59].
Using the three criteria-Equity, Responsibility and Sustainability-Islamic Water Management Principles and International Water Law Principles will be compared and contrasted through drawing of tables and figures.

Conclusions
Given the adverse effects of climate changes, along with rapid urbanization and over population in Islamic-dominated states, especially the Middle East, e.g., Iran and Afghanistan, water allocation among riparian is significantly convulsive [22,92,36,87,91,10]. Conflict between co-riparian states of a shared river basin rises as the result of lack of cooperation or the adoption of unilateral resource capturing policy by one riparian, or due to the presence of a poorly developed water treaty among upstream and downstream states [92,96,99].
Despite the high tension among Muslim-dominated co-riparian states, the role of culture and religion in water allocation and water conflict resolution has been under-emphasized and less recognized by scholars. The aim of the paper was to compare and contrast religiously-inspired principles-IWRMP-with western-oriented principles-IWLP.
This study found out that not only are IWMP consistent with IWLP, but that IWMP can be more effective than Western-oriented water management norms for many cases in Muslim-dominated States. For example, where co-riparian states have poorly developed international water agreements based on IWLP norms, the upstream state may abuse its geographic location to the extent that the downstream state is dis-privileged and excluded from its water rights (see Wolf, 2000;2003). In contrast, IWMP emphasizes equity and justice in utilization of water resources among the upstream and the downstream riparian states.
Furthermore, as the result of uncertainty and vagueness in the "no significant harm" principle of International Water Law Principles [39,64], the riparian states, especially the upstream state, can significantly harm both the downstream state and the environment.

Assessment of Sustainability for IWMP & IWLP
Assessment of Sustainability for IWMP Assessment of Sustainability for IWLP