حماية الآثار من جريمة الإتلاف في الفقه الإسلامي والقانون الجزائري

Abstract

The study focuses on the crime of destruction of ruins, which reveal another crime, the most dangerous is the crime of ruins' smuggling and sold it out of country. thus, leading to the impoverishment of the national cultural heritage, and deprive archaeologists of historical study and new discovery. As well as the loss of one of the episodes of the history of our people, and consequent loss of the identity of this nation, and falsification of its history later. The importance of research is, that the ruins, constitute an important financial resource for Algeria's petrodollars in view of the collapse of its prices in the international market. The study of this crime is a comparative between the Islamic jurisprudence and the Algerian law. In this regard, the position of Islamic jurisprudence on the protection of antiquities in general and the crime of destruction in particular, and measuring the effectiveness of the objective criminal protection of ruins' destruction in Algerian law, especially after the constitutionalization of this protection for the first time in the constitutional amendment of 2016 (Article 45). as results, the ruins in Algeria are still being destroyed by the lack of awareness of its importance as well as the lack of law rules, as punishment is below the level of cultural treasures. In addition, the judiciary is free of jurisprudences that can cover the shortcomings of the law In this matter.