الأحكام الموضوعية لجرائم الاعتداء على التراث الثقافي: (دراسة مقارنة بين الفقه الإسلامي والقوانين الوضعية)‎

الملخص EN

History has long shown that there is an inherent connection between cultural protection and human beings themselves, making this protection a comprehensive humanitarian feature, which is why a body of international and national laws and legislation has been developed since the 1950s and before to strengthen cultural protection in an attempt to include a set of obligations to explain its definition and interpretation.

About crimes built on cultural heritage- both tangible and intangible- and their flexible and institutional functions with the aim of delaying them.

Based on the fact that most of the laws of the Arab and Islamic world take Islamic law, along with international laws, as a starting point for their national legislation, taking into account its specificity, Islamic jurisprudence has a role in dealing with the provisions related to attacks on cultural heritage.

Hence, the research was urgent in developing a conceptual framework for cultural heritage, and then defining its concepts in terms of Islamic legislation, national legislation, and international agreements and treaties, and then examining the elements of that responsibility and clarifying its laws, the areas of its occurrence, and then the punishment for it, with explaining the interactions surrounding these jurisprudential jurisprudence and legislation and commenting on them in a manner appropriate to them.

Since, with all these jurisprudential or statutory provisions, crimes committed against cultural heritage continue, it has become necessary to determine the effectiveness of these laws in confronting crimes committed against cultural heritage.