ترميم الآثار بين الفقه الإسلامي و التشريع الجزائري : دراسة مقارنة

Abstract EN

The study focuses on the position of scholars and contemporains on the issue of restoration of antiquities, based on the heritage of Islamic jurisprudence and its rules, and the adequacy of the relevant Algerian laws in providing the required protection on the monuments from the point of restoration; not violating the rules, procedures and conditions provided in this regard.

and matching it with a practical reality.

The study is a comparison between Islamic jurisprudence and Algerian law, The study is a comparison between Islamic jurisprudence and Algerian law, in which I presented the scholars differed on the antiquities restoration, their evidences, and discussed these evidences.

In light of this I went to support the restoration, citing the reasons of ponderation.

This view is consistent with Algerian law, which supported the restoration with conditions, procedures and controls.

However, the practical reality witnessed a deliberate and unintentional attack on the Antiquities by violating these controls with the lack of funding and means on the one hand, and the weakness of the penalty allocated to the violation on the other hand.

As well as impunity.