Antiquities smuggling: its concept, rule, and ways to reduce it- Comparative legal jurisprudence study

Abstract

This study aims to clarify the juristic and law position on the smuggling of antiquities in terms of the concept and the legal ruling and the ways to reduce it. The study followed the descriptive approach by describing the phenomenon as it is in reality, then extrapolating the juristic judgment to it and ways to reduce it through the analysis of legal texts. Comes to conclusion that smuggling antiquities is a forbidden act according to Sharia law, based on a set of legitimate supporters, namely that smuggling is an assault on public money. As for measures to reduce this phenomenon, they are preventive and curative. Preventive: controlling the fatwa regarding antiquities, and activating the role of the local community in curbing antiquities smuggling. As for treatment, it appeared in the legislation of deterrent penalties for those who committed this act.