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آفاق حولية
كلية الدراسات الإسلامية والعربية للبنين بالشرقية
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| Abstract: |
The study aims to explore the notion of excavation, examining the interplay between historical artifacts and minerals. It delves into regulations concerning the excavation, ownership, and disposal of antiquities, as well as the legal stance towards individuals not trained in archaeological excavation and their liability for damages resulting from excavation activities.
In this study, I relied on the comparative inductive (descriptive) approach because it is the most appropriate method for the nature of this research. The researcher collects the descriptive material for the archaeological excavation processes, examines their content, and discusses the legal and Sharia rulings on excavating them, providing evidence, discussing, and weighing the different opinions.
The research produced various findings, with a key outcome being that archaeological excavation can be categorized as either official, conducted by an individual as part of their official duties under state oversight, or clandestine personal excavation, done covertly and outside the purview of regulation. Each type is subject to specific regulations, highlighting that antiquities are not considered common property; rather, they are regarded as state assets. Individuals are not permitted to dispose of such items without proper consultation with relevant authorities.
The primary suggestions put forth by the study include: highlighting modern legal studies concerning the excavation of antiquities, raising awareness among the public onh antiquities such as excavation, sale, or trade, and implementing regulations and laws that mandate the return of antiquities discovered on state-owned land if they were unlawfully smuggled. It is deemed unreasonable for numerous historically and artistically significant artifacts in Egypt's heritage to remain in the possession of individuals within or outside the country.
Keywords: Prospecting, archaeology, ore, classification, compensation.
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