Forest Offences In Protected Areas: An Appraisal To Maqasid Shariah In Federal And State Government Relationship

Forest encroachment and illegal logging are statutorily recognised as forest offences under several forest related acts. This is significant in a way it can mitigate adverse loss of major biodiversity, forest environment quality and forest-dependant livelihood. Forest offences and wildlife crime are found to take place within protected area (i.e., permanent reserve forest (PRF), national parks, sanctuaries) and state land forest. Related forest legislation, statistical data of forest offences, wildlife crimes and literatures are analysed to find gaps of the current statutory protection on forest environment. Forest can be found listed under List II (State List) and List III (Concurrent List) in the Ninth Schedule of the Federal Constitution of Malaysia. Due to this fragmentation
of jurisdiction of the law-making power, forest is governed by different laws and agencies. Thus, dynamic
relationship between state and federal government is significant in ensuring forests that are home for thousands of species of biodiversity, flora and fauna to be safeguarded and protected for future generation to cherish. From the Islamic perspective, the protection of environment in particular forests contribute towards fulfilling Maqasid Shariah. Besides, for the interest of the ummah, Maqasid Shariah encourages good relationship between the federal and state governments.