The civil liability of the state and individuals for intentional damage to cultural property in Islamic jurisprudence and international law.

Saleh, Mohammed Ahmed Al-Musailhi

doi:10.21608/mjle.2025.445713

The civil liability of the state and individuals for intentional damage to cultural property in Islamic jurisprudence and international law.

Document Type : Original Article

Author

Mohammed Ahmed Al-Musailhi Saleh

Faculty of Law - Mansoura University

10.21608/mjle.2025.445713

Abstract

The research focuses on the civil responsibility of the state and individuals for intentional damage in Islamic jurisprudence and international law, due to the importance of cultural heritage and the necessity of providing protection for it and determining the responsibility for its destruction, as it is linked to the past, present, and future. It is important to note that the cultural heritage of any state is not the sole property of that state but represents a shared heritage of all humanity, and therefore the importance of comparison becomes evident. Many international, regional, and bilateral agreements have been established between countries regarding the protection of cultural properties and antiquities, including the 1954 Hague Convention, which provides protection for both movable and immovable properties (such as buildings, archaeological sites, manuscripts, books, and items of historical and archaeological value). It also includes buildings designated for the protection of cultural properties (such as museums, libraries, storage facilities, and other related sites), which require, according to the agreements, prevention and protection during times of peace as well as during war or armed conflicts. The texts of these agreements emphasize that such properties should not be subjected to destruction or damage, and it is forbidden to steal, loot, or misappropriate them.

Keywords