الآثار التاريخية و ملكيتها : دراسة فقهية مقارنة

Abstract EN

Ancient Monuments and Their Ownership
A Comparative Study
 
Mahmoud Afifi Afifi Hassan.

Department of Comparative Jurisprudence, Faculty of Sharia and Law, Al-Azhar University, Cairo, Egypt.

 Email: mahmoudHassan.

el20@azhar.

edu.

eg

The importance of ancient monuments and their types has emerged in the modern era, especially with the great interest in tourism, as one of the most important sources of income and economic activity in most countries of the world.

Therefore, this study comes to show the truth of ancient monuments, their types, their importance, the jurisprudential perspective of them, and the rule of individual ownership for them.

In this study, the researcher has relied on the inductive, deductive, analytical and comparative approaches through collecting the statements of contemporary and ancient scholars, and their evidence, while analyzing and comparing them, to reach an appropriate jurisprudential judgment, taking into account the public interest of all successive generations.

All historical monuments belong to all successive generations, and none of them may be disposed of, except in light of the public interest this is one of the most important findings of the research.