The State's Responsibility for Cultural Heritage (Antiquities) in Jurisprudence and Constitutional Law

Document Type : Original Article

Author

University lecturer, Tehran, Iran.

Abstract

By nature, humans have always been interested in preserving and preserving the works and objects left by their predecessors and have tried to preserve them in various ways. The existence of laws such as inheritance, criminalization of destruction, smuggling, counterfeiting, etc. in domestic documents, and the provision of international protection for these properties in the form of conventions, treaties, and other related laws, all indicate the attention and concern of human societies to the protection and preservation of these works; works that, in a general and comprehensive sense, can be called "cultural heritage" and defined as all works left by the past that have cultural value. The term culture in the aforementioned definition also contains a general concept and includes all matters that are considered human achievements, whether they have a religious or national background and are the cause of their distinction and superiority over other beings. With such a definition, the concept of cultural heritage is expanded and includes material and spiritual works, such as ancient, historical, religious, religious and national monuments, etc., or intangible assets such as customs, traditions, culture, etc. The present study, using a descriptive-analytical method, has searched and scrutinized legal and criminal laws and presented a logical interpretation of these laws and the views of jurists in this regard, in addition to examining the possibility of a criminal response to violations of cultural heritage and filling the gaps in this field.

Keywords

References

- A group of writers under the supervision of Seyyed Mahmoud Hashemi Shahroudi (1382), Fiqh according to the religion of Ahl al-Bayt, peace be upon him, vol. 4, Qom: Institute of Islamic Fiqh Encyclopaedia.
- Chalapi, Faeqa; Ghasemabadi, Morteza; Aghapour, Kamal (2016), an analysis of the position of public order in Iran's legal system, Judiciary Quarterly, Volume 17, 9.
 - Harr Aamili, Muhammad bin Hasan (1409 AH), Usal al-Shi'a until Tahsil al-Sharia' issues, Qom: Al-Al-Bayt Institute, peace be upon them.
- Dehkhoda, Ali Akbar, (1389), Dictionary, Tehran, Amirkabir Publications.
- Rahami, Mohsen; Parvizi, Siros (2012), Insulting religious sanctities in Iranian and English law, Judiciary Journal, 81, 36-9.
- Rouhani, Karen, Bitarfan, Sharid, Nasiri Larimi, Reza, (1402), Jurisprudential and legal feasibility of criminal protection of spiritual heritage with a look at international documents, Journal of Islamic Jurisprudence and Law Research, No. 73.
- Fattahi, Mohsen (2013), legal jurisprudence review of cultural heritage, Tehran: Research Institute of Islamic Sciences and Culture.
- Kashif al-Ghita, Ali bin Muhammad Reza, (1381), Al-Nur al-Sata' fi fiqh al-nafi, vol. 1, Najaf Ashraf: Al-Adab Publishing House.
- Mishkini, Mirza Ali, (Bita), Jurisprudence terms, available in the software Chama Fiqh of Ahl al-Bayt.
- Mousavi Khalkhali, Muhammad Mahdi, (1422 AH), Sovereignty in Islam or Wilayat Faqih, translated by: Jafar Al-Hadi, Qom: Al-Nashar al-Islami Institute.
- Mir Mohammad Sadeghi, Hossein (2014), Crimes against security and public comfort, Tehran, Mizan Publishing.
- Najafi (Saheb Javaher), Mohammad Hassan (1432 AH), Javaher Al-Kalam, Publisher of Revival of Arab Heritage, Beirut, 7th edition.
- Naqdi Nejad, Mojtaba; Naroi, Asghar (2010), Crimes against cultural heritage, Tehran: Javadane.
-Alexandra S. Antohin (2019), Preserving the Intangible: Orthodox Christian Approaches to Spiritual Heritage, Independent Scholar, Washington, religions.
-Asmus, John., Parfenov, Vadim (2019), Characterization of Rembrandt self-portraits through digital-chiaroscuro statistics, Journal of Cultural Heritage, Vo 38.
-Feldman, David, (1993) Civil Liberties and Human Right in England and Welles, London, Saga Publication.
-Henry, John, (2000) two ways of thinking about cultural property, The Hague Kluwer law international.
-Ross, John (2015), Crimes again Court, Oxford press, London
Journal of Studies in Islamic Law & Jurisprudence
Volume 16, Issue 36
November 2024
Pages 315-342

Files

Share

How to cite

Statistics