The Criminal Protection of the Holy al-Askari Shrine's Heritage (A Comparative Study)

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Published: Jan 9, 2025
Keywords:
Criminal protection - Material heritage - Moral heritage - al-Askari Shrine's

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ABDUL KHALEQ ABDUL HUSSEIN SALMAN ALJEBUR

Abstract

    Heritage is regarded as a manifestation of all things possessing artistic, literary, scientific, or historical significance. It is a fundamental component of both religious and human civilisation, serving as a mirror that reflects national culture. The measure of a civilization's accomplishments is revealed through its cultural heritage, which serves as a tangible manifestation of its history and narrative. The narratives and behaviours it engages in. Heritage is a reflection of the cultural advancement of a nation or a group of people, encompassing both its tangible and intangible components. Undoubtedly, the moral significance of heritage may surpass its material significance, as heritage symbolises a legacy for the entire human race and embodies a chapter of human cultural and civilisational progress. The significance of this loss is underscored by the complete absence of any evidence or its absence represents a substantial loss that cannot be remedied through material resources. Heritage and cultural property received a lot of attention worldwide, not only at the national level, because international treaties stressed the need to recognise and protect them .


The civilisational and cultural heritage of the Holy al-Askari Shrine encompasses the physical elements that represent the identity of the space that housed the sacred shrine of the Imams al-Askari (peace be upon them). It is not only a religious and cultural heritage, but also a reflection of the Islamic religious identity and a manifestation of the beliefs held by Muslims, both in the present and in the past. The current era has witnessed numerous efforts to erase and distort the represented identity of this heritage, with the most recent being a terrorist attack that targeted the holy shrine and the two minarets, therefore, it is imperative for criminal law to play a crucial role in offering the essential legal safeguards to safeguard this significant cultural, religious, and civilisational monument, as well as to ensure the safety of the religious ceremonies conducted within this esteemed sacred site. Therefore, the philosophy of criminalisation and punishment in modern criminal thinking has been expanded to encompass safeguarding both material and moral values, as well as preserving the aspects of its progress, cultural legacy, and cultural assets .


    The objective of this study is to analyse the problem of criminal texts in both the general and particular laws of Iraq. Our focus will be on the revised Iraqi Penal Code No. 111 of 1969 and the Iraqi Antiquities and Heritage Law No. 55 of 2002. In addition, we will take into account other pertinent legal documents, as well as international treaties that guarantee the safeguarding of cultural and civilisational legacy. Religious affairs are of utmost importance in countries, serving as a critical factor in both international conflicts and domestic strife. The purpose of this statement is to highlight the legal importance of protecting the hallowed al-Askari shrine, which is a crucial component of Iraq's cultural heritage. Moreover, its objective is to augment awareness and comprehension of these offences, as their understanding remains restricted among a substantial fraction of the general populace, the absence of criminality in the subject of heritage studies has created a disconnect between legal literature and popular consciousness .


The issue at hand concerns the effectiveness of the existing legal provisions in safeguarding the Holy Shrine's heritage from the harm and destruction it endured following the brutal attack in 2006, as well as subsequent attacks by terrorist organisations employing different methods of targeting. It also highlights the deficiencies in these legal provisions that allow for exploitation. Throughout this study, the existing gaps were addressed and resolved.


The research will employ a scientific methodology that combines an analytical examination of law documents related to the subject and a comparative analysis. The research will be partitioned into two segments. The first section of the text will discuss the fundamental importance of the Holy al-Askari Shrine's heritage. The second section will explain the measures that should be used to protect the shrine's heritage from illegal actions

Article Details

How to Cite
ABDUL HUSSEIN SALMAN ALJEBUR ع. ا. . (2025). The Criminal Protection of the Holy al-Askari Shrine’s Heritage (A Comparative Study). MIsan Journal of Comparative Legal Studies, 1(12), 176–220. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/357
Issue
Vol. 1 No. 12 (2025): MIsan Journal of Comparative Legal Studies
Section
Articles

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E.A.Makttoof , Kassim J.K , K.H (2020). Distribution of different forms of phosphorus in calcareous soils from middle and south of Iraq . Al-Qadisiyah Journal For Agriculture Sciences,10, 1, 2020, 293-303.

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