INTRODUCTION
“O mankind, indeed. We created you from male and female, and made you peoples and tribes that you may know one another.”Footnote 1 According to the Qur’an, principles protecting diversity are firmly established in Islam. This verse of the Qur’an upholds human difference and exhorts humans to know and respect one another. Islam recognizes and appreciates the facets of identity seen in these divisions shaping smaller and larger groups of humanity.Footnote 2 Cultural heritage is essential to the identity of human beings, and especially to human communities, in order to affirm, preserve, and advance community so that humans can succeed. Support for cultural distinctions is important and, therefore, recognized in Islam.
As the example of cultural heritage shows, religion has played a vital role in the development of international law. Religious doctrines and institutions have contributed to the shaping and development of contemporary international law.Footnote 3 However, the contributions of religion to international law are barely acknowledged, due to seemingly irreconcilable beliefs. Religion, in general, and Islam, in particular, is mostly conceived in the media and even sometimes in academic discourse as being altogether incompatible with international legal principles.Footnote 4 The relationship between international law and Islamic law suffers from prejudice, ignorance, and oversimplification.Footnote 5 Neither the contributions of Islam to the development of international law nor its interaction with international law have been adequately addressed. This absence can be linked to a Western-centric point of view, in which Islam is considered an obstacle to universality.
Against this perspective, there are Islamic principles that would preserve cultural heritage and confirm its interconnection with human rights.Footnote 6 Application of these principles would enhance cultural heritage and human dignity as well as support international law. This work is aligned with the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) endeavors to facilitate the understanding of other civilizations and their contributions to humanity and to enhance interreligious and intercultural dialogue. UNESCO’s project entitled Different Aspects of Islamic Culture is notable for its testimony about the extraordinary contributions of Islamic culture to the world, but, most importantly, the project is a powerful way to allow Muslim communities to engage in economic and cultural development.Footnote 7 Irina Bokova, the director-general of UNESCO, confirmed this by saying: “This collection [Different Aspects of Islamic Culture] is testimony to the power of knowledge and culture to bring people together in the search of truth.”Footnote 8
Islamic law is one of the legal traditions in many states in the Islamic world and is used as a point of reference. The correspondence between international law principles regarding the protection of cultural heritage and Islamic law shows that these two legal traditions have similar aspirations that will render international law more effective and practical in the region. On these grounds, it is important to study and develop principles based on Islamic teaching that are in harmony with international law to ensure compliance with international policy on the protection of cultural heritage. This article argues that the principle of cultural heritage protection is established in Islam, which reflects the compatibility of Islam and International law. Although the concept of human rights in international law is not linked to Islamic law, it does not mean that they are irreconcilable or that we can deny the role of Islamic principles in promoting human rights, particularly those linked to cultural heritage such as the right to education.Footnote 9
To support my argument, I investigate the meaning of cultural heritage and human rights in Islamic teaching. The claim will be built on a normative Islam and a practical Islam, deducing principles through analogy to certain precedents in Islamic history.Footnote 10 However, for the purpose of this article, it is important to discuss the issue from a legal perspective. Therefore, this article will examine with caution the sources of Islamic law from a Sunni Islamic perspective, the Qur’an, the Sunna, and Islamic jurisprudence, to draw provisions enhancing the preservation of cultural heritage and promoting human rights.Footnote 11 It highlights the challenges that confront the protection of cultural heritage in Islamic tradition and shows how Islam is arguably being misused by extremists who invoke certain classical approaches, or cite a particular interpretation, taking the text out of context. It examines the traditional approach of cultural heritage protection and investigates whether there is a place for cultural heritage not yet widely seen.
CULTURAL HERITAGE AND HUMAN RIGHTS IN ISLAM
There is no standard definition of cultural heritage in either the Qur’an or the Sunna. Nevertheless, the notion of cultural heritage is important in Islamic tradition. However, the concept of cultural heritage emerged as a result of long historical development, emerging in the nineteenth century.Footnote 12 Early legislation concerning the protection of antiquities was found in Europe in the fifteenth century.Footnote 13 In international law, the first use of the concept of “cultural heritage” in a legal instrument was in 1972 in the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage.Footnote 14
The term “heritage” (altrath in Arabic) is mentioned only in one verse of the Qur’an and refers to an “inheritance,” which is not the contemporary meaning of heritage.Footnote 15 Heritage is any work produced by one’s predecessors, including beliefs, languages, archaeological sites, and other elements of tangible and intangible cultural heritage.Footnote 16 Attempts have been made by Muslim scholars to clarify the concept of cultural heritage; however, there is no agreement on a single definition.Footnote 17 Some Muslim scholars focus on the meaning of Islamic cultural heritage and how to develop and maintain it. According to Muslim jurists, Islamic heritage manifests in two aspects: the sacred divine revelations, including the Qur’an and the Sunna, and human works, including tangible and intangible cultural heritage.Footnote 18
Some Muslim scholars have attempted to define a few elements of cultural heritage but not the whole concept, and their focus has been mainly on defining sites of religious ritual. This might be an indicator of the understanding of the importance of cultural heritage. Majma‘ al-Bayân articulated the concept of religious sites, stating: “Places of activity, sites of religious ritual being the places which He has made into sites of worship. Any place of supplication, prayer or other form of worship is therefore a ritual site of such worship.”Footnote 19 This quotation means that religious sites can be places dedicated to worshiping, learning, and seeking knowledge. More recently, Islamic jurisprudence has set out several standards to identify items that fall within the category of cultural heritage.Footnote 20 This category includes the following:
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• religious sites that encompass any place or monument dedicated to an act recommended in Islamic law, in accordance with religious laws or custom;
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• any cultural artifact whose preservation and development is essential to the public interest. Public interest can range widely, and this category includes antiquities that are significant in the celebration of the glory or identity of a particular group;
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• any antiquity that is of religious or historical value and is regarded as a major financial or economic resource that attracts people from all over the globe to see it;
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• any antiquity that is intrinsic for development. The necessity of human development is derived from the Qur’an: “He has produced you from the earth and settled you in it.”Footnote 21
Islamic jurisprudence also excludes some elements of cultural heritage from protection, which includes items that are prohibited because of their negative characteristics, such as idols (object of worship) or graven images.Footnote 22 This prohibition constrains the usage and purpose of the object. That means if there is a change to the negative characteristic of the object that is “no longer worshipped,” the cultural object must be maintained and developed.Footnote 23 Some scholars have applied this definition to the Statues of Buddha and therefore urged the Taliban to refrain from the destruction of such historical objects, explaining that the Statues of Buddha are no longer worshipped in Afghanistan. They had become a significant aspect of Afghan cultural heritage; therefore, it is essential for knowledge and public interest. Forbidden objects are still controversial among Muslim scholars, as elaborated later in this article. Despite these arguments, the protection of cultural heritage is widely recognized under Islamic law, as stated at the outset of this article.
While the concept of cultural heritage is not found in the Qur’an or the Sunna in its contemporary meaning, the concept of beauty is commonly used within the Islamic context, particularly in the Qur’an and Sunna. The notion of beauty (hasan and zyna) is mentioned eight times in the Qur’an. The term “hasan” is often used as a synonym for beauty (jmal) in Arabic.Footnote 24 Islam is understood as a way of life; therefore, the notion of beauty is expansive in the Islamic tradition. The Prophet Muhammad stated that “God is beautiful and He loves beauty.”Footnote 25 As the human mind inclines toward perceiving beauty through cultural heritage, the significance given to beauty in Islam would serve further to enhance the protection of cultural heritage.Footnote 26 Muslims perceive beauty through contemplation, seeing the beauty of the universe that reflects the beauty of its creator.Footnote 27 There are several Qur’anic verses that demonstrate the beauty of God’s creations and articulate the majesty of their creator. This can be seen in the following verses: “Indeed We have adorned the nearest heaven with adornment of stars”Footnote 28 and “[W]e have placed within heaven great stars and have beautified it for the observers.”Footnote 29 The verse goes further to consider the beholders and implies how beautiful creations amplify aesthetic enjoyment, feeling, and knowledge in viewers.
In the context of human rights, the preamble to the Cairo Declaration on Human Rights in Islam states: “Fundamental rights and freedoms according to Islam are an integral part of the Islamic religion and that no one shall have the right as a matter of principle to abolish them either in whole or in part or to violate or ignore them in as much as they are binding divine commands, which are contained in the Revealed Books of Allah and which were sent through the last of His Prophets to complete the preceding divine messages.”Footnote 30 This statement leads to the conclusion that human rights entail that every human being is entitled to the rights given by God and in accordance with divine law.Footnote 31 In Islamic teaching, all human beings must be honored and respected, irrespective of their religion, color, nationality, race, or any other status. The Qur’an confirms this by stating: “And We have certainly honored the children of Adam and carried them on the land and sea and provided for them of the good things.”Footnote 32
Despite the Cairo Declaration, the concept of human rights in Islam is controversial among Muslim scholars. Some scholars have taken a conservative approach to human rights, emphasizing that the contemporary concept of human rights has always been enshrined in Islamic law, without addressing the potential conflict between contemporary international human rights law and Islamic law.Footnote 33 These scholars also seem to overlook the practical human rights issues in the Muslim world by focusing solely on harmonization. Needless to say, the idea is purely theoretical at this point. Other scholars have attempted to reform Islamic law and build a normative consensus across religious and cultural boundaries to enhance human rights.Footnote 34 They have adopted an innovative approach, which is less appealing to many Muslims. For Muslim reformers, Sharia is a path and not a comprehensive legal code.Footnote 35 This means that the understanding of Sharia must be developed, and the potential reconciliation of Islamic law and human rights must be examined in the modern context.Footnote 36
Despite these controversies, each of these theoretical positions makes an important contribution to our understanding of human rights in Islam. Some scholars argue that human rights in Islam are conceptually different from contemporary international human rights law. However, this distinction does not imply that these systems are irreconcilable or deny the role of Islam in promoting and protecting human rights
REVIEW OF ISLAMIC LAW
As indicated earlier, there is no reference to the concept of cultural heritage in Islamic law, but there are several verses that indicate principles that confer protections, such as human dignity and respect for diversity, knowledge, and development.Footnote 37 The Qur’an connects cultural heritage with knowledge and urges Muslims to travel the earth, retain and disseminate their knowledge, and think of God’s creation: “Travel through the land and observe how He began creation. Then God will produce the final creation. Indeed God, over all things, is competent.”Footnote 38 One may argue that, in this verse of the Qur’an, there is a clear assertion for the protection of the cultural objects of ancient civilizations.
The Qur’an protects diversity and respect for differences within humankind. This principle is implied in the following verses: “Had your Lord had willed, He could have made mankind one community”;Footnote 39 “To each of you We prescribed a law and a method. Had Allah willed, He would have made you one nation, but to test you in what He has given you; so race to [all that is] good. To Allah is your return all together, and he will [then] inform you concerning that over which you used to differ”;Footnote 40 and “O mankind, indeed We created you from male and female, and made you peoples and tribes that you may know one another.”Footnote 41 In the same fashion, some Hadiths imply the preservation and importance of cultural heritage. The tradition of the Prophet shows that the protection of places of worship and other buildings is obligatory. Evidence of this can be found in the tradition of an exchange between the abbot of Saint Catherine Monastery in Sinai and the Prophet.Footnote 42 The monastery’s abbot requested of the Prophet the protection of his church and its people. In this covenant, the Prophet not only ensures the protection of places of worship but also expands this protection to embrace the religious and cultural objects located inside them.Footnote 43 (This point will be discussed in detail later in this article.)
The Qur’an also confers dignity upon all human beings, not only the people of Muslim faith: “And We have certainly honoured the children of Adam and carried them on the land and sea and provided for them of the good things.”Footnote 44 One may argue that if cultural heritage is essential to the notion of human dignity, it is more likely that the protection of cultural heritage will expand to the heritage of all communities, groups, and individuals, regardless of their religion, race, colour, language, and so on. In addition, Islam asserts that the development of the earth is a collective duty of all people, as indicated in the Qur’an: “He has produced you from the earth and settled you in it.”Footnote 45 The duty of development is implicit in this verse and can be construed as a dual duty, just as authority must protect cultural heritage from destruction and rebuild what has been ruined.Footnote 46 The community also has a duty to preserve and maintain its heritage.Footnote 47
There has been an inconclusive debate among Muslim jurists about some elements of cultural heritage and whether protection can be conferred on certain items, such as idols and images. However, there is a consensus among scholars that places of worship are sanctified, and it is prohibited under Islamic law to harm or destroy these places in times of peace or war.Footnote 48 By this standard, any harm toward places of worship is reprehensible, and each of these acts of violence is forbidden and contrary to the core value of Islamic teaching and Qur’anic studies.Footnote 49 These provisions are rooted in the Qur’an and the Sunna. The Holy verse states: “And were it not that Allah check the people, some by means of another, there would have been demolished monasteries, churches, synagogues, and mosques, in which the name of Allah is much mentioned.”Footnote 50 By the same token, the Prophet Muhammad said: “No harming nor reciprocating harm.”Footnote 51 He used short sentences that convey very important messages. This Hadith ensures that no harm can be carried out.Footnote 52 Muslim scholars and schools have used this principle to derive rules in different subject matters.Footnote 53 This principle states that the destruction of cultural heritage involves irreparable harm toward individuals, communities, and humanity, and Islamic teaching is opposed to it.
The collective interest is the core value of Islamic teaching; Muslim jurists have indicated that, in the context of cultural heritage, the public interest must be taken into consideration. They validate their claim by using the following Qur’anic verses: “[A]nd cause not corruption upon the earth after its reformation”Footnote 54 and “[D]esire not corruption in the land. Indeed, Allah does not like corrupters.”Footnote 55 Indeed, they go further, emphasizing the importance of cultural heritage by stating that any negligence of the collective interest is a form of corruption.Footnote 56 They conclude that, if places are regarded as a matter of public interest, they must be celebrated and preserved.Footnote 57 At the Doha Conference of Ulama on Islam and Cultural Heritage, Muslim jurists concluded: “[T]he items which are obligatory to protect and forbidden to neglect include useful antiquities of major moral or material benefit that are conventionally held to be in the public interest in view of the overall benefits they bring.”Footnote 58 Jurists consider cultural identity and the value attached by people to these antiquities to be a public interest.Footnote 59 Therefore, they must be maintained and celebrated, and Islamic law prohibits the neglect of the protection of these cultural objects, which includes any cultural objects that generate an economic advantage or substantial material good.Footnote 60 The criterion of the public interest is based on both Islamic and customary law. These principles appear to be abstract as the focus is more on the protection of the tangible (movable and immovable cultural objects) while ignoring other elements of cultural heritage, such as intangible cultural heritage.
THE CHALLENGES OF CULTURAL HERITAGE PROTECTION IN ISLAMIC TRADITION
The Misinterpretation of Religion
There are two primary sources in Islam: the Holy Qur’an and the Sunna, from which Islamic law draws its rules.Footnote 61 These two sources provide comprehensive instructions on many issues, but they do not address everything. In some cases, Qur’anic verses and the traditions of the Prophet are not precise enough and are in need of clarification. Therefore, Islamic jurisprudence (fiqh) is entitled to make interpretations and draw conclusions about controversial issues as well as to develop Islamic principles using scholarly consensus (ijma’) or analogical reasoning (qiyas).Footnote 62 However, a few Muslim scholars have applied the Qur’anic verses or Hadiths literally, regardless of their historical and cultural context. The misinterpretation of religion may have an adverse impact on women’s rights, freedom of religion, and so on. However, for the purpose of this article, the focus will be solely on the misinterpretation of Islamic law regarding cultural heritage protection.
In many cases, extremist groups have misused and misconstrued these sources to legitimize their actions.Footnote 63 It is important to draw attention to the fact that misinterpretation of religion is a global issue, not just a Muslim issue; religious doctrine in general is used as justification for radical action by its adherents.Footnote 64 Recently, the world has witnessed many brutal attacks on cultural heritage, including the Taliban’s destruction of the Statue of Buddha, Al-Qaida’s attack on religious sites in Mali, Da’esh’s destruction of Iraqi and Syrian cultural objects, and so on.Footnote 65 Extremists allege that the destruction of cultural heritage was based on the practice of their religion as a revival of Ibrahim’s tradition. The legitimacy of idols and monument destruction is derived from these individuals’ radical perspective and their misinterpretation of the Qur’an and the Sunna.Footnote 66 The first confusion relates to the companions’ destruction of idols during the Muslim conquest of Mecca. Some scholars refer to this event as a ruling peculiar to the Arabian Peninsula, which did not apply to other regions of the Islamic world.Footnote 67 I agree with them, but I will add that the destruction was not merely based on destroying idols because they were being worshiped. If this was the case, such destruction would be incompatible with the Islamic principles of no compulsion in religion. However, my thinking is that this destruction can be attributed to the fact that the idols were situated inside the Grand Mosque and that it was contradictory to Islamic teaching on the prohibition of displaying objects in places of worship.Footnote 68
Another confusion concerns the interpretation of the Hadith: “The people who will be most tortured on the Day of Judgement are the image makers.”Footnote 69 Radicals have taken this Hadith out of context to vindicate the legitimacy of their actions. Despite the controversy over this Hadith, some scholars maintain that this statement was made by the Prophet during pagan times because such images were made to be worshiped.Footnote 70 Regarding this Hadith, Abdul Mun’im Al-Nimr, the former Egyptian minister of religious endowment (awqaf), stated:
This fatwa is based on the reasoning, logic and religious wisdom which in the past, caused the Messenger of God (peace be upon him) to hate images, as people were then inclined to glorify such images in worship. He wanted to drag them out of the pagan era, from which they were still not too far removed, using the forcefulness required to match the objective at the time so that once the new religion became firmly established and the situation calm, there would no longer be any need to mount a challenge or use forcefulness to that end. Ever since Islam came to Egypt, the statues of the ancient Egyptians and the Romans have been there among us, as they have in other Muslim countries, and no Muslim has ever worshipped them. On the contrary, Muslims do no more than marvel at the statues themselves and at the skill and artistry of those who made them. It has therefore never occurred to any official that they should be removed.Footnote 71
In some cases, people have referred to Hadiths that are weak, questioned, and controversial among Muslim scholars. Using such Hadiths has resulted in the misinterpretation of religion and the misunderstanding of Islamic values. It is important to point out that, according to Islamic teaching, not everyone is qualified to interpret or draw conclusions about controversial matters.Footnote 72 The interpretation of religious doctrine is subject to fundamental prerequisites that a scholar must meet in order to derive an Islamic ruling from evidence:
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• Muslim scholars must have knowledge about the text in the Qur’an and the Sunna and have the ability to derive rulings from evidence;
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• Muslim scholars must have knowledge of the Arabic language and the use of it, such as what is general, what is specific, and what words mean in different contexts, so the ruling will be in accordance with the particular statement;
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• Muslim scholars must have knowledge of the consensus that Imam Shafi’i indicated:
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o not everyone is permitted to give fatwas in Islam, except a person who has knowledge of the Qur’an:
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▪ What are mohkam “precise, decisive, entirely clear, firmly constructed” and motashabeh “unclear, unspecific, ambiguous, not entirely clear, indistinct;” it is interpretation and revelation;
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▪ What are makki “revealed in Mecca” or madani “revealed in Medina,” what was meant by it, and why was it revealed (Story of revelation);
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• equally important, Muslim scholars should be experts in the Hadith:
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o Muslim scholars should be proficient in Arabic language (fusha, formal standard) and be skilled in poetry, Islamic studies, and the Qur’an;
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o Muslim scholars have to use justice and not be talkative;
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o Muslim scholars have to be aware of the differences among people in different countries.
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If a Muslim scholar has all of these characteristics, then he or she is permitted to issue fatwas and determine what is permissible or prohibited, but if he or she does not meet all of these conditions, then he or she can discuss Islamic law but is not able to issue fatwas.Footnote 73
In fact, some scholars go further and require expertise in a particular area of Islamic law, such as marriage and divorce, Islamic financial law, and so on.Footnote 74 Imam Malik was requested to issue fatwas on 40 matters, but he stated that he did not have sufficient knowledge on 36 of these matters.Footnote 75 Malik is a prominent Muslim jurist, whose school has influenced different regions of the Islamic world, and there has been a consensus on his profound knowledge. It indicates that not everyone who studies Islamic law in schools or speaks on Islamic matters is entitled to issue fatwas or give an interpretation without adequate knowledge of Islamic law, among other conditions. Based on this discussion of the rule of interpretation, I am skeptical of the extremists’ argument about the destruction of cultural heritage and whether they are capable of the exegesis of the Qur’an and the Sunna. The misuse of religious doctrine generates a radical view associated with iconoclasm, which has resulted in vicious attacks on cultural heritage.
Iconoclasm
Iconoclasm is predominately understood as the alteration or destruction of images or objects infused with some sort of symbolic value.Footnote 76 Most of the cases of iconoclasm are associated with religious ideology; however, history reveals other instances of iconoclasm, carried out because of political agendas. The distinction between iconoclasm and other forms of the destruction of antiquity is implied in the intention: the term “iconoclasm” involves an intention and vandalism, the effect of which “could be denounced … as devoid meaning,” where the destruction is apparently neutral.Footnote 77
Today, the world has experienced widespread destruction in the name of iconoclasm. Most modern cases are connected to a particular Islamic ideology.Footnote 78 Nevertheless, it is important before examining the dimension of the issue to point out that iconoclasm is not only associated with a certain Islamic view but also rooted in other religious traditions, such as Christianity and Judaism. In the Old Testament, there is a clear prohibition on images in the Ten Commandments: “You shall not make for yourself a graven image, or any likeness of anything that is in heaven above.”Footnote 79 The prohibition on images is attributed to the possibility of idolatry, which is contradictory to the divine command. The church in its early days was opposed to the idea of the veneration and portrayal of Jesus Christ or the saints.Footnote 80 By the end of the seventh century, icons became more popular and attained high status.Footnote 81 The Byzantines embraced icons, implying a mythical belief in the icons’ animation. Emperor Leo III opposed this practice and declared war on what he perceived to be a worship of icons. The Protestants, during the reformation, also took a public stand against images and other icons. The concept of iconoclasm, among other factors, led to the attack on the Catholic Church and the destruction of Catholic objects.Footnote 82
Iconoclasm can also occur for political reasons. Modern cases of political iconoclasm can be seen in the destruction of Saddam’s statue in Iraq in 2003 or the destruction of a statue of a confederate soldier in Durham, North Carolina, in the United States.Footnote 83 In this case, people seemingly identify art only within the perimeter of the image, and they fail to realize that such work can be a historical witness for what these leaders did. Muslims believe that the depiction of God, the Prophets, or any living thing are forbidden.Footnote 84 However, there is no Qur’anic text explicitly prohibiting images or the portrayal of living things. Scholars have delivered their judgments based on the Hadiths—in particular, “[t]he people who will be tortured on the Day of Judgement are the image-makers,”Footnote 85 according to the Prophet Mohammad. The Hadith has seemingly been taken out of its context and interpreted as saying that images are in every respect prohibited in Islam. Some jurists have indicated that this Hadith applied in pagan times, as mentioned above. Likenesses are forbidden in Islam, but some jurists believe that a partial depiction of living beings is permissible, as implied in many texts.Footnote 86
Having said that, there are some historical instances of images being permissible for enjoyment. The Prophet did not prevent Aisha from enjoying her dolls or a depiction of a horse, which is a living being.Footnote 87 Aisha, the Prophet’s wife, reported that: “The Prophet, arrived from the raid on Tabuk or Khabir and the curtain over the alcove was lifted by blowing wind to reveal Aisha’s dolls. He asked: ‘What is this, Aisha?’ She said: ‘My dolls.’ He saw among them a winged horse and asked: ‘What is this I see among them?’ She said: ‘A horse.’ He said: ‘What is that on it?’ She said: ‘A pair of wings.’ He said: ‘A horse with wings?’ And she said: ‘Have not you heard that Suleiman had winged horses?’ And she said that the messenger of God, laughed so hard you could see his molars.”Footnote 88
This event illustrates a clear distinction between cultural objects and idols within Islam. That leads us to say that images and other objects are allowed for enjoyment, so long as they are not worshiped. Besides, Islamic history reveals that figural representation is found in early Islam in palaces, currencies, and paintings.Footnote 89 However, ambiguity in the interpretation of the tradition of the Prophet has resulted in the decision to prohibit all figural representation by Muslim jurists. In early Islam, Muslim artists were more likely to avoid making images, sculptures, or anything representing living beings, and this has added to the confusion surrounding these provisions.Footnote 90 Interestingly, these restrictions encouraged Muslims’ creativity, resulting in the creation and development of Islamic forms of art, including calligraphy, geometric patterns, architecture, floral decoration, ceramics, and carpets and rugs.Footnote 91 Muslim society retains a diverse cultural tradition, incorporating the spirit of Islam and converting it into a mystical venture of Islamic art, which absorbs the viewer profoundly with its beauty and reflects the unity and identity of Muslims.Footnote 92 Early instances of Islamic art and architecture, such as the Dome of the Rock and other buildings constructed under the Umayyad dynasties, did not encompass living figures. However, some private residences of the rulers had many figurative sculptures, mosaics, and paintings.Footnote 93 Quseir Amra, the residence of the Umayyad caliphs, is a notable example of the presentation of visual art in every respect, contradicting the classical understanding of Islamic art.Footnote 94
Islam appreciates the particularity of the heritage of other nations and values their contributions to humanity. The problem with extremists is that they base their practice on the claim that they alone are on the right course and ignore contrasting perspectives, which they brand as heretical.Footnote 95 Abdul Hamid Al-Ansari, Dean of the Faculty of Sharia, Law and Islamic Studies at Qatar University, argues that the customary practice of the Rightly Guided Caliphs (the first four caliphs in Islam) is considered to be a binding source, and no one of the early caliphates attacked the cultural heritage of other cultures. Fourteen centuries later, it is not logical to interrogate whether or not objects produced by other civilizations are idols and therefore must be destroyed.Footnote 96 Based on a careful examination, the claim of Muslims’ obligation to destroy idols of other civilizations has no basis in early Islamic history. During the Muslim conquest of the Levant, Caliph Abu Baker instructed his military commander to avoid the destruction of inhabited areas, places of worship, and fruit trees, among other orders. The Muslim conquest of Egypt is another historical instance demonstrating the preservation of the cultural heritage of other civilizations.Footnote 97 In 1286, Abdul Lutif Al-Baghdadi, an Abbasid physician, historian, and traveller, advocated for the preservation of cultural heritage in his book and for the consideration of lessons, stating: “[A]nd still the kings take into account the survival of these buildings and prevent damage being done to them, even though they belong to enemies.”Footnote 98 The appreciation of other cultures is also articulated by recognized Muslim scholars, such as Sheikh Muhammad Abdu and Sheikh Abd-ul-Aziz Jâwish, who have confirmed that representation for educational and scientific purposes is advisable in Islam and is also permitted for purposes of ornamentation and enjoyment.Footnote 99
It is true that we may find several instances in Islamic history where rulers have destroyed the cultural objects of other civilizations or other Muslim sects, but the question posed here is whether their conduct was associated with Islam. In my thinking, most of the destruction occurred because of a belief in the superiority of one’s own culture over others, which is not based on Muslims’ universal attitude toward cultural heritage.Footnote 100 Destruction can also be ascribed to the hostile attitudes of many conquerors, and the hostility of some Muslim leaders is a quality seen in many rulers from other religions and political ideologies.Footnote 101 Many ancient kings’ plunder of the places they invaded was an early example of the aggressive acquisition of cultural heritage. The Victory Stele of Naram-Sin belongs in the region of Mesopotamia and was created to celebrate the victory of the king of Akkad, Naram-Sin.Footnote 102 However, the Stele of Naram was found at the Iranian site of Susa.Footnote 103 It was taken by the Elamite king Shutruk-Nahhate, along with an immense collection of booty during his invasion of Babylon.Footnote 104
The same pattern occurred in the Roman Empire.Footnote 105 During the Crusade, attacks on the holy land and its destruction were committed in the name of Christianity under church supervision, but such attacks do not define how Christians feel about such unethical conduct.Footnote 106 In the Islamic context, the problem is that the ambiguity of some religious texts is challenging for some Muslim scholars, and even when they are capable of clarification, they are not able to convince those who hold tight to the rigid boundaries of the classical understanding of religious doctrine. This has led many Muslim jurists to prohibit statues, engraved images, and anything visualizing living beings. Not to mention the fact that cultural heritage protection is not a top priority of Muslim scholars. The appreciation of beauty and the value of cultural heritage are essential components of the principle of the protection of cultural heritage. Therefore, if people devalue the heritage of humanity, or if they do not have taste or are basically ignorant, the inevitable result would be either the deterioration or the destruction of cultural heritage. As Mullah Umar commented on the destruction of the Buddha statues, “[w]e do not understand why everybody is worried … all we are breaking are stones.”Footnote 107 It seems that Mullah Umar and other extreme groups not only fail to realize the value of cultural heritage for certain communities as well as for all humanity, but they also fail to understand the concept of beauty, preservation, and development in Islamic teaching. Yusuf Al-Qaradawi, an influential jurist who took a stand against the Taliban’s action and formulated the Muslim position on the other civilizations’ statues and sculptures, has stated:
The statues made by ancient peoples represent a historical legacy and a vital piece of history for every nation. They should not therefore be demolished on the grounds that they are banned objects. On the contrary, they are evidence of the bounties bestowed by God on the nation which He guides along the straight path and liberated from the worship of idols.Footnote 108
Still, for some Muslims, regardless of the foregoing discussion, statues are prohibited in theory but not in practice, as statues are presented everywhere in the Muslim world, except in mosques. However, it is uncontested that the destruction of the cultural heritage of other civilizations does not reflect the attitude of Muslims or Islamic values.
The Lack of Priority for Cultural Heritage Protection among Muslim Clerics and Scholars
The Muslim world is a place of numerous human civilizations, reflecting the creativity of humankind and its rich diversity.Footnote 109 The legacy of these ancient civilizations must be preserved and developed for the present and future generations. Islam embraces the notion of cultural heritage, and evidence shows that the protection of certain elements of cultural heritage is a moral and religious obligation within Islam.Footnote 110 However, cultural heritage is a neglected category in Islamic scholarship, where neither Muslim scholars nor Muslim jurists have adequately addressed the preservation of cultural heritage or what the protection of cultural heritage would bring for Muslim communities and humankind as a whole.Footnote 111
After the end of European colonialism, Muslim communities were torn between wholeness and subdivision, vision and practicality, and constants and variables.Footnote 112 Ignorance and political instability, among other factors, presented a hurdle in the way of possible research and potential reform. They resulted in intellectual stagnation and intolerance toward contrary views. Contemporary Muslim scholars stand between Islamic ideologies and the different approaches of modernists and conservatives, revisiting the concept of cultural heritage protection.Footnote 113 Some scholars are reluctant to rethink the classical approach of cultural heritage and mainly focus on Islamic religious sites, such as the Grand Mosque in Mecca, the Prophet’s Mosque (Al-Masjid al-Nabawi) in Medina, and the Al-Aqsa Mosque.Footnote 114 Certain scholars oppose the idea of reviving cultural heritage, particularly tangible cultural heritage, conjecturing that ignorant people may not be able to restrain themselves and overcome their love of the structures, which may be considered to be a form of idolatry according to their philosophy.Footnote 115 Their claim is based on a particular interpretation of Islam that denies the preservation of historical sites because of an irrational fear of idolatry.Footnote 116 In response to an article about the revival of cultural heritage in Saudi Arabia and making it accessible to people, particularly Muslims, the Saudi grand cleric issued a fatwa, indicating that paying too much attention to religious sites with Islamic characteristics may lead to idolatry and should be considered a threat to dogma because people’s desires and love may prevail over their beliefs.Footnote 117 These scholars may be failing to understand the core value of Islamic teaching and the essential role of cultural heritage in human life.Footnote 118 Despite this, the traditional orientation has been gradually reformed to confront the problem of radical ideology and has aspired to prevent the destruction of cultural heritage, particularly in the wake of the massive destruction of cultural heritage within the Arab world.Footnote 119
CULTURAL HERITAGE PROTECTION AND HUMAN RIGHTS IN THE ISLAMIC TRADITION: AN INTEGRATED APPROACH
In early Islamic history, the idea of preservation of cultural heritage was found to be simply inherited in the waqaf system (religious endowment).Footnote 120 Even though waqaf (أوقاف) was intended to alleviate poverty and to serve the poor and disadvantaged, it automatically embraced a simple, but effective, heritage preservation philosophy.Footnote 121 Waqaf is an independent system focusing on the construction, conservation, and financial management of mosques and schools, established by an endowment to enable the continuity of their mission. Additionally, waqaf institutions are not only involved in the conservation of mosques but also in the preservation of Islamic heritage. Waqaf has assets, regarded as waqaf, to generate income for socioeconomic welfare and serves as an essential source of the preservation of property.Footnote 122 The waqaf system practices have contributed to the conservation of historic places across Muslim countries. Amour Khalfan and Nobuyuki Ogura discuss the management techniques used by the waqaf system to protect historical and religious buildings in the Stone Town of Zanzibar, a world heritage site.Footnote 123 They reveal the ability of waqaf to develop and apply various methods and thus find a way to preserve cultural and religious buildings in its care from different threats.Footnote 124
In Islam, humankind is a trustee of the earth, obliged to develop and benefit from it and use the resources wisely. The Qur’an states: “He has produced you from the earth and settled you in it.”Footnote 125 As a trustee of the earth, it is a human’s duty to preserve nature and protect the environment from deterioration of any kind.Footnote 126 For Muslims, environmental protection is an intrinsic part of their religious commitment. The establishment of these principles is found in the following traditions of the Prophet: “[I”Footnote 127 and “Whoever plants a tree and] if the day of resurrection is about to established and one of you was holding a palm shoot, let him take advantage of even one second before the hour established to plant it diligently looks after it, until it matures and bears fruit, is rewarded.”Footnote 128 The Prophet urged people to plant trees and protect them to the extent that planting a tree is regarded as an act of worship.Footnote 129 This principle encourages development and prosperity as opposed to destruction and is applicable to cultural heritage. Muslim cleric Yusuf al-Qaradawi confirmed the concepts of urbanism and architecture in Islam, saying that the Qur’an sets three major objectives in the creation of humanity: to worship God, to ensure the continuation of humankind, and to build the earth.Footnote 130 This statement can be understood as saying that humans ought to maintain the earth for future generations, which cannot be accomplished without the preservation of cultural heritage.
It can be seen from the above analysis that the lack of a standard definition of cultural heritage or the non-existence of the concept per se cannot be understood to mean that Islam opposes the preservation of cultural heritage.Footnote 131 Truly, based on careful examination of the practice of waqaf, among other historical and religious practices, the principle of the protection of cultural heritage is deep-seated in Islamic tradition. However, it is an abstract principle and needs to be examined with the intent to reform as well as with a consideration of contemporary issues arising from the traditional understanding of cultural heritage and human rights.Footnote 132 Islamic principles can contribute toward enhancing certain human rights, to the greatest extent possible, in this specific context of cultural heritage protection. However, the debate is usually about the incompatibility of Islam with international human rights.Footnote 133 The concept of human rights in international law is indeed not linked to Islamic law, but it does not mean that they are antithetical or that we can deny the role of Islamic values in promoting human rights, particularly those linked to cultural heritage such as the right to education. This section of the article reveals that there are parallels between what Islam values and what human rights law attempts to cherish and protect. Islam is compatible with human rights if we investigate a set of ethical values and principles that can strengthen certain human rights in the Muslim world and thus ensure the implementation of international human rights norms. This section will demonstrate how human rights are interpreted and applied within a community.
For the purposes of this article, it will be assumed that there are certain human rights principles of Islam that cannot be fulfilled without cultural heritage protection and appreciation: the right to education, the right to development, and freedom of religion. The right to education and cultural heritage preservation go hand in hand. Studying the cultural heritage of previous civilizations contributes to human growth and success.Footnote 134 Learning about cultural heritage is crucial for reinforcing a sense of identity. Therefore, the destruction or damage of cultural heritage will have a serious impact on the right to education because it will constrain educational and historical research, thereby undermining cultural identity.Footnote 135 There is overwhelming evidence of the importance of education in Islam. Notably, Muslims are mandated to seek knowledge irrespective of distance, nation, or language, which reflects the Islamic position on appreciating other civilizations. Islam does not limit knowledge to Islamic civilization but transcends its boundaries to explore the universe, God’s creation, and human work.Footnote 136 Muslim scholars were not restrained within religious bounds and Islamic culture but, instead, roamed the globe to find knowledge, and, indeed, some of them introduced other cultures to the Islamic world. Abu Yusuf Yaqub ibn Ishaq al-Sabbah Al-Kindi, an influential philosopher and scientist, was regarded as one of the greatest scholars of the Islamic era due to his many contributions to the introduction of Indian numerals to Muslims.Footnote 137 He concluded that the pursuit of knowledge and education requires the preservation of cultural heritage, as the deterioration and degradation of cultural heritage would be anomalous and offensive to Islamic principles.
In the fourteenth century, Ibn Khaldun, a Muslim philosopher and historian, highlighted the relationship between education and architecture in his “umran” development theory. He explained that science and education are essential for urbanization and are linked positively and negatively. When science thrives, education develops, and vice versa.Footnote 138 He also stressed the importance of traveling when seeking and consolidating knowledge. Islam not only promotes knowledge but also requires its adherents to disseminate knowledge for the benefit of humanity. The preservation of knowledge can be seen at the beginning of Islam, through the compilation of the Qur’an into one text and the collection of the Sunna (the Prophet’s tradition). Some scholars have indicated that Caliph Abu Baker, after consultation with other successors of the Prophet, requested Zaid bin Thabit to document the Qur’an in one manuscript because several Prophet companions, who memorized the Qur’an, had fallen in battles.Footnote 139 The caliph realized the importance of documenting the Qur’an to preserve it and avoid any possible errors in the description.Footnote 140 In fact, preservation was necessary to ensure the authenticity of the text, particularly in terms of the rapid expansion of Islam at that time. The focus was not only on the religious documents; Muslims also preserved knowledge related to science, poetry, literature, and other fields.
The relationship between human rights and cultural heritage is manifested in the comprehensive framework of the protection of religious sites and religious tolerance, where Islam not only guarantees freedom of religion but also secures the right to access places of worship. This is found in the historical treaty between the Prophet Muhammad and the abbot of St. Catherine’s Monastery: “If a female Christian is married to a Muslim, it is not to take place without her approval. She is not to be prevented from visiting her church to pray.”Footnote 141 This statement shows recognition of the importance of religious places in human life, which reflects the common values held by Islam and human rights. Most importantly, the protection of religious sites is expansive and includes objects inside houses of worship. Islam recognizes the value of these religious and cultural objects to the adherents of that religion as well as the vital role that these objects play in shaping a community’s identity. The Prophet said: “No one is to destroy a house of their religion, to damage it, or to carry anything from it to the Muslims’ houses. Should anyone take any of these, he would spoil God’s covenant and disobey His Prophet. Verily, they are my allies and have my secure charter against all that they hate,”Footnote 142 and this statement is followed by: “No one of the nation (of Muslims) is to disobey the covenant till the Day of Judgment (the last day or the end of the world).”Footnote 143 The striking results that emerge from this historical document are that the Prophet’s provision for the protection of places of worship and their belongings is infinite and absolute, which imposes a perpetual obligation on Muslims to respect the charter and fulfill their duty in preserving houses of worship as well as to refrain from damaging or destroying them. The promise appears to be universal and is not only applicable to the members of St. Catherine’s Monastery but also to all Christian communities.
However, this may spark a discussion over the protection of houses of worship of people who are not “of the book” within the Islamic tradition and whether Islam grants protection to religious places of other communities. In this respect, Muhammad ibn Jarir Al-Tabari explains the meaning of “mosques” in this verse: “And were it not that Allah checks the people, some by means of others, there would have been demolished monasteries, churches, synagogues, and mosques, in which the name of Allah is much mentioned.”Footnote 144 He indicates that mosques should not be understood within their conventional meaning, as there is a wide-ranging context that includes any place where the name of God is mentioned numerous times, which might be interpreted as meaning that such protection is confined not only to mosques in their classical meaning but also to any place of worship.Footnote 145 As a result, we can argue that, even though Islamic law does not use the contemporary terms of human rights and cultural heritage within its provisions, cultural heritage has a place within the human rights framework in Islamic thought by virtue of the historical document between the Prophet Muhammad and the abbot of St. Catherine’s Monastery. Muqtedar Khan, director of Islamic studies at the University of Delaware and president and general secretary of the Association of Muslim Social Scientists, seems to validate this view in his article “Prophet Muhammad’s Promise to Christians.” He states: “The document is not a modern human rights treaty, but even though it was penned in 628 A.D. it clearly protects the right to property, freedom of religion, freedom of work, and security of the person.”Footnote 146
Moreover, there are Islamic principles that reflect the understanding of the connection between the right to development and the protection of cultural heritage. Imar is a parallel concept to development in Islam and is linked to humans who happen to be the trustees of the earth. Islam mandates its adherents to develop imar (إعمار) and to preserve the earth. The preservation of cultural heritage is essential to development and human success. It can be understood that imar is contingent on the preservation of cultural heritage, both tangible and intangible. Indeed, the Islamic golden age was the result of the preservation and transmission of knowledge, diversity, good governance, and, most importantly, critical attention to development, including art, architecture, economic growth, and quality of life.Footnote 147
Islam aspires to prevent the corruption of the earth, including the destruction of cultural heritage. It is found in these two verses concerning the deterioration of the earth: “And cause not corruption upon the earth after its reformation”Footnote 148 and “And do not cause corruption on earth.”Footnote 149 Muslim jurists have deduced that the destruction or negligence of cultural heritage could be a corrupt act, falling within the meaning of corruption in these Qur’anic verses. The Muslim cleric, Ayatollah Mohsen Araki, substantiates this insight by saying that it is requisite to protect and restore any item of cultural heritage that may be developed and restored.Footnote 150 Additionally, any negligence in protecting cultural heritage that leads to its plunder or demolition is not permitted.Footnote 151 There are additional principles in the Islamic tradition that boost the protection of cultural heritage and enhance the right to development, commanding good acts, and avoiding erroneous actions. These principles are some of the most important rules in Islamic teaching derived from the Qur’an and the Sunna. They provide an effective mechanism whereby Islam must oppose and avoid moral, social, and spiritual infirmity and maintain a better, healthier, and more dynamic life.Footnote 152 One may argue that the destruction of cultural heritage goes against morality and social cohesion, and, therefore, this action is incompatible with Islamic teachings. In the same manner, these principles demonstrate that the protection of cultural heritage is essential for social unity, dynamic life, and human prosperity. The principles also confirm that the prevention or avoidance of evil has precedence over being good.Footnote 153 This means that, if the destruction of cultural heritage would be to bring any good, as in the case of military necessity, but it would also have adverse consequences on communities and individuals, this act of destruction is forbidden according to these rules.
It can be seen from the above analysis that Islam has placed great importance on the protection of cultural heritage through the recognition of the right to education and development and freedom of religion. The dynamic relationship between human rights and cultural heritage preservation is illustrated in Islamic tradition. However, it needs to be explored further and developed.
THE INTERSECTION OF ISLAMIC LAW AND INTERNATIONAL LAW ON THE PROTECTION OF CULTURAL HERITAGE
Given the pieces of evidence for the protection of cultural heritage throughout Islamic history, it is instructive to view Islamic law in light of contemporary international cultural heritage law. Principally, in the matter of the preservation of cultural heritage, international legal principles are compatible with Islamic law because they share common criteria that promote certain protections for cultural heritage. Abdul-Aziz Altwaijri, the director-general of the Islamic Educational, Scientific and Cultural Organization, has stated the objective of the Doha Conference on the Protection of Cultural Heritage, saying that the conference aims to confirm international legal principles, based on “Islam’s vision of preserving the human heritage, using as a foundation the principles of the true religion of Islam, which reveres all creatures and advocates harmony between the human being and nature.”Footnote 154 As mentioned earlier in this article, there is no clear reference to the concept of cultural heritage in Islamic law. However, cultural heritage is protected in Islam, using as a foundation the universal principles that relate to international legal order, such as human dignity, the appreciation of diversity, justice, and equality.Footnote 155 These principles provide the common ground for the possibility of a universal cultural heritage policy.
Precisely in this context, it is important to highlight the fact that, in the history of early Islam, the Umayyad and Abbasid rule demonstrates that the customary norms of nations are highly respected in Islam and should be taken into consideration when making judgments or decisions. Since the protection of cultural heritage is an international matter, Maulana Wahiduddin Khan argues that
[t]he tradition of the Prophet clearly shows us that, if any principle has been accepted at the international level, it must be followed. That being so, the preservation of the cultural heritage will be regarded with the same importance by Islam as by other nations. In the modern world, great stress indeed is laid upon the preservation of cultural legacies or historical monuments and Islam has no quarrel with this. Islam would certainly never follow a divergent course on matters of common consent.Footnote 156
Similar to international law, Islamic law includes many requisite protections in fundamental categories. It confers greater protection on cultural heritage during wartime, which is, according to Karima Bennoun, “only now emerging as an important protected category in contemporary international law.”Footnote 157 Sheikh Wahbeh Al-Zuhili has attested to this by stating that the prohibition of the destruction of cultural property is one of the fundamental principles prescribed since early Islam.Footnote 158 In the same vein, places of worship must be safeguarded according to Islamic teaching, and this protection is expanded to objects located inside these places.Footnote 159
Despite this evidence in support of the relevance of Islamic law to international law regarding the protection of cultural heritage, a negative aspect of Islamic law is the ambiguity surrounding the concept of iconoclasm.Footnote 160 However, as noted earlier in this article, many Muslims scholars have spoken about the ongoing problem of destruction and have issued fatwas prohibiting the vandalism of, or damage to, cultural heritage on the pretext of committing idolatry.Footnote 161 In fact, the modernist interpretation is the most prevalent view today, which goes against destruction in the name of religion. This can be an indication of a potential harmony with international law.Footnote 162
CONCLUSION
The relationship between human rights and cultural heritage protection has not been adequately investigated in Islamic tradition. One aim of this article has been to show the ways in which the protection of human rights and cultural heritage can be achieved in the Muslim world through a better understanding of Islamic principles. The intent is that these principles are not to be considered as an alternative to international law but, rather, that they will help to ensure the implementation of international law and allow other traditions to contribute to the development and elucidation of international law. This article provides a framework for an innovative way to alter attitudes toward the relationship between human rights and cultural heritage in the Islamic tradition, thereby strengthening and enhancing human rights and cultural heritage.
In recent years, there has been a growing understanding within the Muslim community of the need to work with international law in order to enhance cultural heritage and diversity. The Islamic Declaration on Cultural Diversity emphasizes the importance of the collaboration with international law: “[C]ooperation at the international and Islamic levels through implementing cultural activities in order to face the challenges of urban development, globalization and current technological changes, encourage the establishment of research and information networks in the field of cultural policies for development.”Footnote 163 This article has enhanced the understanding of an Islamic approach to cultural heritage and human rights. Despite the fact that there is no clear reference to the notion of cultural heritage in Islamic teaching, the principles of the protection of cultural heritage are well founded, through the tolerance of diversity, the preservation of knowledge, the recognition of development (imar), and so on. Indeed, enforcing justice and achieving peace and security are the ultimate objectives of Islam, and these could not be achieved without the protection of cultural heritage. Such interconnection drives the argument for the preservation of cultural heritage. The protection of cultural heritage is considered to be sustained in a connected global view in which consensus is grounded in universal human dignity. Overall, the destruction of, or damage to, cultural heritage is considered corrupt: “And desire not corruption in the land. Indeed, Allah does not like corrupters.”Footnote 164 Given the magnitude of the adverse consequences of the destruction of cultural heritage, this could be a serious violation of Islamic law.
