The Land of Al-Baqīʿ and the Right to Muslims’ Collective Memory

The beneficial legal system that regulates the territory of al-Baqīʿ can be analyzed from a variety of perspectives, although the majority of written approaches in this field concentrate on the rights of its religious tourists (pilgrims), believers, and beneficiaries. The processing of construction and protection foundations of al-Baqīʿ is another legal feature of this field. However, despite all of these approaches, the main concern of this research is the gap in the history of human rights in this field. More specifically, the current status of al-Baqīʿ, as the outcome of an aggressive seizure in history, is discussed in terms of rights, such as the right to collective memory.  Based on international and human rights standards, this descriptive-analytical research first deals with the principles of the right to collective memory and its importance for citation; then it considers the destruction of al-Baqīʿ as the violation of this right; and finally, despite different solutions in the favor of al-Baqīʿ, it puts forth the main idea of giving juridical personality to the territory of al-Baqīʿ which has common and general demarcations in Islamic jurisprudence.