ديدگاهي نو درباره ي مالكيت خصوصي ميراث فرهنگي

A New Perspective on the Private Ownership of Cultural Heritage

In the present era, the cultural heritage of the nations is taken into consideration, and has found great significance in several aspects. This importance has enforced the nations to enact their particular laws in cultural heritage domain; among the rest, the ownership of Historic- Cultural Monuments. These laws lead to the restriction of private ownerships in many cases. In the first glance, it seems that Islam, due to its special regards to the private ownership, not only validates the possession of Historic-Cultural Monuments (on the basis of Islamʹs primary laws), but furthermore, considers its contravention illegitimate. This article suggests another approach, upon which the mentioned laws -without resorting to Necessity or Expediency - are expected not only agree with the Islamic laws but provides the facilities for their performance.