حماية الآثار من السرقة : دراسة فقهية مقارنة

الملخص EN

This research studies deeply from jurisprudence perspective an important issue of contemporary societies, namely the issue of monuments that fall under the control of the Islamic State.

The study explains that the responsibility of protecting these monuments fall on the Islamic State as part of the public property which must be protected.

The two researchers, then, explain the Islamic sharia measures that the Islamic state must take to protect it against theft.

The researchers concluded that the responsibility of protecting monuments in Islam lies primarily on the state.

It is responsible for its maintenance and organization, in order to benefit the Muslim community.

It is also responsible for its preservation and protection against theft.

Since monuments are public property, theft has to be punishable by a penalty commensurate with their size and details.