Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.39 N° 69
Julio
Diciembre
2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 39, Nº 69 (Julio - Diciembre) 2021, 666-677
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 14/03/2021 Aceptado el 21/05/2021
Benets of preserving cultural heritage
and its impact on providing national
security in Islamic countries
DOI: https://doi.org/10.46398/cuestpol.3969.41
Zainab Etesam *
Hamideh Abdollahi **
Alireza Ebrahimi ***
Abstract
One way to expand social, cultural, and religious communication
and interaction in Islamic societies is to preserve cultural heritage
and expand the tourism industry. Considering the emphasis of
religious sources on the necessity of objective and theoretical
study in history and the role that this heritage plays in preserving
the identity and civilization of Islamic societies, its preservation is
obligatory. Therefore, one of the essential programs that should
be considered in this regard is the development of laws derived from books
and traditions to preserve cultural heritage. In this article, the author
examines the meaning of cultural heritage, national security, the eects
of preserving cultural heritage, and methods of preserving this heritage
in Islamic societies, takri groups to destroy cultural heritage, and their
study based on religious sources. One of the critical research ndings is
the obligation to preserve the past’s cultural heritage in light of military,
cultural, and economic security. The development of the tourism industry
is not possible without preserving cultural heritage.
Keywords: cultural heritage; national security; tourism; takri groups
* PhD student in jurisprudence and law, Qom University. ORCID ID: https://orcid.org/0000-0001-
7027-7759. Email: zeynabete@yahoo.com
** Assistant Professor' University of Qom' Jurisprudence and Fundamentals of Law Group. ORCID ID:
https://orcid.org/0000-0002-1459-4386. Email: h.abdollahi@qom.ac.ir
*** Assistant Professor of Qom University, Jurisprudence and Fundamentals of Law Group. ORCID ID:
https://orcid.org/0000-0003-0742-110X. Email: ali110qom@yahoo.com
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Vol. 39 Nº 69 (Julio - Diciembre 2021): 666-677
Benecios de preservar el patrimonio cultural y su
impacto en la provisión de seguridad nacional en los
países islámicos
Resume
Una forma de expandir la comunicación e interacción social, cultural y
religiosa en las sociedades islámicas es preservar el patrimonio cultural y
expandir la industria del turismo. Considerando el énfasis de las fuentes
religiosas en la necesidad de un estudio objetivo y teórico de la historia
y el papel que juega este patrimonio en la preservación de la identidad y
civilización de las sociedades islámicas, su preservación es obligatoria. Por
lo tanto, uno de los programas esenciales que debe considerarse en este
sentido es el desarrollo de leyes derivadas de los libros y las tradiciones para
preservar el patrimonio cultural. En este artículo, los autores examinan
el signicado del patrimonio cultural, la seguridad nacional, los efectos
de preservar el patrimonio cultural y los métodos para preservar este
patrimonio en las sociedades islámicas, los grupos takri para destruir
el patrimonio cultural y su estudio basado en fuentes religiosas. Uno de
los hallazgos críticos de la investigación es la obligación de preservar el
patrimonio cultural del pasado a la luz de la seguridad militar, cultural
y económica. El desarrollo de la industria del turismo no es posible sin
preservar el patrimonio cultural.
Palabras clave: grupos takri, patrimonio cultural, seguridad nacional,
turismo
Introduction
Overall, Heritage incorporates tangible and intangible, natural and
cultural, mobile and immobile, and documentary assets inherited from the
past and conveyed to forthcoming generations under their priceless value.
The term ‘heritage’ has developed substantially over time. Initially referring
mainly to the impressive remains of cultures, heritage has continuously
grown to adopt living and contemporary expressions.As a source of
identity, heritage is a worthwhile factor in empowering local communities
and permitting vulnerable societies to be involved fully in social and
cultural life. Moreover, It is able to grant time-tested solutions for conict
prevention and reconciliation.
Given the rising number of international crimes associated with the
looting and tracking of cultural heritage, the initial international response
was the Convention on the Means of Preventing and banning the illegal
Import, Export, and Transfer of Possession of Cultural Property established
by UNESCO in 197 ( UNESCO, 2018).
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Zainab Etesam, Hamideh Abdollahi y Alireza Ebrahimi
Benets of preserving cultural heritage and its impact on providing national security in Islamic
countries
• Security
The word security is one of the words that, in terms of some similarities,
have a uid, diverse and variable meaning that includes a very wide range
in individual and social dimensions. Security is dened as “being safe,
secure, and fearless.
Security comes from the word “safe”, which crystallizes the words to
calm down, not to be afraid, and not to be afraid, and in the Egyptian sense,
“Security” is referred to as the attainment of security and tranquility after
liberation from fear. (AL-JABARI, 2008; Crone, 2007). Safe and secure
means peace of mind and eliminating fear.
With the development of human society, the concept of security went
beyond the requirement of physical guarantee and, in a broader sense, was
considered in political, economic, social, cultural, and even psychological
dimensions (Ünver, 2016). Pourjavady has dened the word safe as the
calmness of the soul to the matter and the opposite point as fear means “the
soul’s disgust with the matter” (Pourjavady. 2011; Farrin. 2010; Heidari,
And Ghaemi, 2018). Many things have been said about the importance and
necessity of security from the infallible (PBUH).
As the denition of national security implies, national security includes
components of national authority, and the heritage of each country is one
of the components of that country’s national authority; therefore, the
necessary eorts should be made to identify and transfer this heritage and
protect it.
• Heritage
Shahid second says in this regard: Inheritance is based on the weight of
the passive and was originally inherited because the preposition “V” was
preceded by a broken heart (Shari Pour & Shouri. 2019). Inheritance in
legal terms is “the transfer of ownership of the deceased’s property, after
his death to his heir.”
Inheritance in legal terms is “the transfer of ownership of the deceased’s
property, after his death to his heir.” (Timothy. 2011; Borhani Kakhki, et
al., 2021). In the present discussion, inheritance does not have the meaning
used in jurisprudence and law, that is, inheritance, but this word is always
inherited and often associated with the word culture, and its equivalent
word in Arabic is the word “inheritance”.
The inheritance includes all instances and manifestations of material,
spiritual, tangible, and intangible; cultural heritage means cultural heritage;
that is, a culture that with all its manifestations is inherited from previous
generations to later generations and forms the social elements of the new
generation (Stylianou et al., 2015; Rohmansyah, 2019).
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• Culture
In a comprehensive denition, culture is a collection of human creations
and ideas created by man and his separation from nature and the means
of his superiority over other creatures. Thus, culture includes all material
tools and what is made by man from natural matter, Methods and processes
of their construction (material culture) All values, views and beliefs,
ideas, knowledge, techniques, religion, customs and traditions, science,
philosophy, literature, art and all the mental products of man (spiritual
culture). In other words, culture includes the material and spiritual
elements of social life in which human beings are born and raised in this
way, something called cultural identity is given to the individual or human
group; This identity provides the means of distinguishing man from other
races and tribes. (Ünver, 2016).
Historical and cultural property is a mirror of a nation’s past. These works,
especially the works of distant eras that lacked the traditional means of transmitting
culture and message, such as books and calligraphy, are considered to be the
revealing document of the life of that time. “And perhaps a seemingly worthless
broken pottery, or a dying inscription, ignites a corner of the social behavior or
science and civilization of its predecessors (Schmallegger and Carson, 2010: 59).
Human societies today are faced with the term cultural security; the
protection of individual culture and society from any attack and threat is
called cultural security. In other words, cultural security includes creating
a safe, calm, and free from any threat that human beings have prepared
to religion and thoughts, ethics, customs, beliefs and values, cultural
heritage, literary works, and so on. Due to the role and position of culture
in human identity and existence and the development of human societies,
and also because of the widespread and eective inuence of culture on all
aspects of human life, both individual and collective, material and spiritual,
spiritual and physical, as well as the impact that cultural issues have on
other sectors providing cultural security is more sensitive. Accordingly,
cultural promotion increases social security and, consequently, economic
and political security, Therefore, the rst step in ensuring the security of
individuals is to ensure cultural and psychological security (Hawkins &
Mann. 2007).
2. Cultural heritage in domestic and international law
At rst glance, cultural heritage means all the works that have been
passed down from generation to generation. In this denition, cultural
heritage refers to the material works leftover from the past, and in fact,
includes only tangible and objective works. In addition, it is limited to
historical monuments, while we also have an intangible part, such as beliefs,
traditions, local languages and dialects, and religious traditions and rituals.
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Zainab Etesam, Hamideh Abdollahi y Alireza Ebrahimi
Benets of preserving cultural heritage and its impact on providing national security in Islamic
countries
Cultural heritage is used in two general and specic meanings. In the
general sense, it refers to what has been the result of the thoughts, beliefs,
and eorts of previous generations of society and nation, which have
crystallized in the form of beliefs and customs or traditions or handicrafts
and have been passed on to future generations. Which may include material
works, such as buildings and objects, or immaterial works, such as customs,
traditions, and beliefs.( Sharp & Leibo. 2015).
In a special sense, material works are called cultural heritage. This is
a special concept that is discussed in jurisprudential and legal issues, so
they are also called cultural-historical works. Here are two denitions of
cultural heritage in domestic law: “Article 1 of the Law on the Preservation
of National Monuments and Article 1 of the Statute of the Cultural Heritage
Organization.
a) Article 1 of the Law on Preservation of National Monuments: All
industrial monuments, buildings, and places that were built in Iran
until the end of the Zandiyeh dynasty, both movable and immovable,
can be considered as national monuments of Iran and placed under
the protection and supervision of the government (Frigo, 2004).
b) Article 1 of the Statute of the Cultural Heritage Organization of
the country: cultural heritage includes remnants of the past that
represent human movement throughout history, and by identifying
it, the ground for recognizing his identity and preserving his cultural
movement is made possible, and through this, the grounds for
learning are provided for human beings (Frigo. 2004). We follow the
denitions of cultural heritage by looking at international law; the
most comprehensive denition of cultural heritage was presented
at the Seventeenth Session of the General Conference of the United
Nations Educational, Scientic and Cultural Organization, adopted
on 16 November 1972 in Paris. It is limited to some examples of
cultural heritage. Article (1) of this contract states:
Article 1: For the purposes of this Convention, the following shall be
deemed cultural heritage:
- Eects:
Architectural, sculptural, or painting works on buildings, elements,
and buildings that have an ancient aspect, inscriptions, caves, and
a combination of factors that have exceptional universal value in
terms of history, art, and science;
- Collections:
A collection of separate buildings or complexes that are of
exceptional historical, artistic, and scientic historical value in
terms of architecture, uniqueness, or their dependence and time
in a natural landscape;
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- Areas:
Human works or works created by man and nature together as
well as areas including archeological sites that have a unique
global value in terms of history, aesthetics, ethnography or
anthropology in Iran; This denition, in turn, is a complete and
comprehensive denition, but the disadvantage of this denition
is that it does not state a specic criterion for recognizing the
existence of exceptional value in a particular work, and this
is left to the discretion of the International Cultural Heritage
International Committee ( Frigo. 2004).
3. Cultural heritage interests in Islamic countries
3.1. Development of tourism industry
One of the issues related to the protection of cultural heritage and the
existence of security is the development of a tourism development strategy.
The prosperity and development of tourism depend on security. Lack of
comprehensive planning and development in the tourism industry in all
dimensions depends on the existence of an eective factor of security;
tourism development is not possible without preserving cultural heritage
from destruction.
The United Nations denes a tourist as follows: Who is to entertain
tourists visited scenic spots, medical, business, sports, or pilgrimage, to
a place other than the place where it resides travels, Provided that the
minimum length of stay less than 24 hours and not more than six months,
and tourism is: “Optionally spending some of his leisure time in a place
other than a permanent residence in order to enjoy the pleasures of tourism”
(Quoted by: Norouzi. 2010: 154).
3.2. The role of cultural heritage in attracting religious tourists
in Islamic countries
Religious tourism has been one of the most prosperous and ancient
tourism in the past and now around the world. Ancient Greek holy
ceremonies in the temples of Apollo, Egyptian expeditions to visit the
pharaohs, and Iranian religious rites in the temple of Anahita in Kangavar
all indicate the antiquity of religious tourism among various nations
(Heydari et al., 2018). In recent decades, on the one hand, due to machine
life and the need for spirituality in life, and on the other hand, facilitating
travel by expanding means of transportation, travel to meet spiritual needs
has expanded rapidly in the world. In 2000, two hundred and forty million
people traveled for this purpose, and 29% of the world’s travel was religious.
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Zainab Etesam, Hamideh Abdollahi y Alireza Ebrahimi
Benets of preserving cultural heritage and its impact on providing national security in Islamic
countries
In 1979, the rst conference was held on how to manage sacred places and
maintain religious shrines in the face of globalization.
The existence of holy shrines in Islamic countries and the diversity of
geographical environment and social, economic, and cultural conditions
create religious tourism. However, studies show that the 57 Islamic member
states of the Organization of the Islamic Conference, with a population of
about 1.5 billion (23% of the world’s population), have only 12% of the
world tourism market. Among these countries, 82.5% of tourist attraction
is in possession of 10 Islamic countries and about 10% of global tourism
revenue (Heydari et al., 2018).
Due to its special cultural situation and the existence of 9,000 historical
religious shops, Iran can be a destination for Muslim tourists in Islamic
countries, as well as the existence of antiquities of other religions, for non-
Muslims, one of the world’s tourist destinations. The need to learn from
the works of the past the lesson on the weight of the verb is from the root
“abar” which has various meanings Such as it comes down to interpreting,
measuring, passing and surprising.
In fact, a lesson is a state that arises for human beings because of dealing
with outward matters and leads to esoteric knowledge. The similarity of
human beings’ lives and dierent ethnic groups with each other and the
current traditions in human life make this educational method eective.
Gaining insight, beneting from the experiences of others, being relatively
immune to error, and understanding that human beings are mortal and
that what they provide in this world is transferable.
One of the most famous jurisprudential rules that document many
jurisprudential issues. It is a harmless rule that can be used in the
discussion of protection and non-destruction of cultural heritage, because
the provisions of this rule are general and include material and spiritual
losses. Therefore, in the present era, when we are witnessing countless
benets of cultural heritage from dierent scientic, economic, and
spiritual perspectives, etc., explaining this rule and using it can determine
many aspects of the importance of these works for us. According to this
rule, the damage is prohibited. In most contemporary legal systems, this
issue is referred to as “not being licensed to abuse the right.” and it can be
said that apart from the numerous Shari’ah rulings that can be considered
as evidence of this rule, the ugliness of harm and the good of preventing it,
and consequently the prohibition of harms, are rational rulings and rational
documents (Harstad & Selten, 2013).
An examination of the cases of use, loss and damage in Islamic sources
shows that the loss includes all material and spiritual losses and damages,
just as this word has been used in the case of lack of respect and reputation.
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The meaning of intellect and nature on preserving the cultural heritage
of the past Humans, regardless of their customs and rituals, do not consider
it permissible to insult the dead, and this is disgusting to all people, and
they are not even willing to insult ordinary graves and always express their
protest in dierent ways. Therefore, insulting the dead is against human
nature. Now the sensitivity of this issue about the graves of elders and
scholars is multiplied; the rulings of the dead in Islamic jurisprudence
show the same bow and respect that Islam gives to the dead. The rules of
ablution, shrouding, embalmment, prayer, funeral, burial, and much other
admirable show the respect that Islam has for human beings. This is not
for Muslims; Relatives who burn their dead in religious ceremonies also
consider it a form of respect for the dead. Those who bury a corpse after
hundreds of years do not allow disrespect to its grave.
The graves of the prophets, saints, and righteous servants of God have
always been of interest to the people, and their obstinacy towards them
was prevented in any way. One of the ways to maintain the respect of the
tombs of the elders has been to build buildings, courtyards, and minarets
on their holy tombs throughout history. In fact, building on graves is one
of the ways to attract people’s attention to these places and use them for
divine nearness.
4. Methods of preserving tangible and intangible cultural
heritage
One of the most important activities for the preservation of antiquities in
their care measures in order to prevent their deterioration and destruction;
in fact, care includes all activities that preserve cultural and natural life.
With the aim of presenting the basic and artistic messages that cultural
heritage oers to those who use them or look at them with amazement.
(Hendijani et al., 2014).
Conservation and maintenance have two aspects, positive and negative
aspects. The meaning of protection of positive aspects is to be able to
provide the conditions for the survival of cultural monuments in society
today and in the future. Negative maintenance is concerned with combating
erosive factors.
The two are dierent in not only cognition; among other things, the
ght against erosion factors of continuity also provides an eective, and
this issue is important here from this perspective. That cultural heritage has
a physical and external aspect and has a value and message, and in fact has
a kind of social life (Stylianou et al., 2015).
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Zainab Etesam, Hamideh Abdollahi y Alireza Ebrahimi
Benets of preserving cultural heritage and its impact on providing national security in Islamic
countries
In fact, the emphasis is on preserving the spirit and meaning of cultural
heritage along with its objectively visible body. Our religious sources
mention several ways to protect material works. Repair of an ancient
building Long-term preservation and preservation of antiquities in the
true and scientic sense is much more expensive than the construction of
monuments. One of these ways is the restoration of historical monuments,
which is very important to conduct basic and applicable research in this
area to protect the monuments.
Restoration means performing all the actions done to modify the existing
materials and the structure of cultural work to return it to its original known
position. The purpose of restoration is to preserve and reveal the artistic
and historical values of the work and is based on attention to the remaining
original parts and evidence of the original condition of the work.
5. The importance of the museum in preserving antiquities
A museum is a place where related objects and materials are collected,
studied, and stored, then exposed to the public for the purpose of education,
dissemination of information and entertainment. The museum is in fact
a reection of all human activities from their natural, cultural, and social
environment.
Due to the growing importance of preserving Persian historical
monuments - Iran also needs to create modern museums that can display
the nation’s history, culture, and identity with the culture and civilization
of Iran to achieve international standards for the protection of antiquities.
In this regard, it is necessary for the Cultural Heritage and Tourism
Organization to make more eorts and create a central museum in each
city, equipped with valuable works of historical periods.
In fact, the purpose of museums is to research the relics and evidence
left by man and his environment. Collecting these works and spiritual
productivity and creating a connection between these works and especially
displaying them in order to study and spiritual benet. Creating and
preserving a museum means paying attention to the history and civilization
of your nation and country. Of course, it is not possible to keep all the
works in the museum; Like the historic houses, we have more than one
million historic houses in the country, of which only thirty-two thousand
have been identied, and the rest of the buildings are kept in non-standard
conditions.
Zakaria in Halab, Yahya in sham, Shoaib in Jordan, sheyth in Lebanon,
and the tombs of other Islamic lands’ prophets, on which strong buildings
have been built (Barasheed et al., 2014). Here are some narrations about
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the Muslim way of life in building tombs to preserve the status of the tomb
owner and protect cultural heritage:
1. It is narrated that when Prophet Ibrahim (AS) completed the rites
of Hajj, God commanded him to go, in the meantime, the mother of
Ishmael (AS) passed away. Ishmael buried him next to the house of
the Ka’bah and built a Hajar wall around it so that his grave would
not be insulted.
2. Mu’awiyah Ibn Ammar quotes Imam Sadegh (AS) as saying: Seventy
prophets have been buried between the pillar of Yemen and the
hajar_all _aswad, who have died of severe hunger and hardship.
Conclution
According to these narrations and the numerous narrations that have
been narrated in the books of the narrations of the two sects, we reach a
conclusion that:
1. The ancients and Islamic scholars’ tradition to the tombs and the
construction of tombs to honor the owner of the tomb and honor
him.
2. Protecting graves from destruction is possible only in the shadow of
building them and developing the tradition of pilgrimage and regular
visits to these religious and spiritual monuments.
What has been repeatedly stated in the narrations is meeting and
attending the holy observation due to the continuation of the tradition of
learning and awakening of the human heart.
3. Registering a work in the list of national works
Given the abundance of works in a community and the lack of facilities
to maintain and maintain all of them, prioritizing works can be the most
important way to register a work in the list of national works. Prioritization
should be in accordance with the various values of historical monuments in
society, including cultural-religious-economic, social, and scientic values.
In this regard, according to the Holy Quran’s goals in preserving and
protecting cultural heritage and the values, lessons, and awakening of
conscience and feelings of human beings, should also be considered. In
addition to these environmental conditions, the eects and factors that
cause premature destruction of the work, including natural disasters, must
also be considered.
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Zainab Etesam, Hamideh Abdollahi y Alireza Ebrahimi
Benets of preserving cultural heritage and its impact on providing national security in Islamic
countries
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