INHERENT RESPECT FOR CULTURAL PROPERTIES IN ARMED CONFLICTS; THE STUDY OF ISLAMIC LAW AND INTERNATIONAL HUMANITARIAN LAW

The doctrine of Islam regarding resorting to weapons of mass destruction against people and places, includes the approach arising from the Qur'an, Sunnah, jurisprudence and common sense. Therefore, despite the prescriptive approach of war and jihad in some cases, it has also established restrictions regarding people and places. On this basis, choosing Sharia's approach over examples such as "cultural genocide and violation of cultural property during armed conflicts", especially the fact that some examples are not mentioned in the narrations, is necessary  while we discuss " The normative discourse of the sanctity of terror" and the transformation of "ethical and environmental norms" into "its legal necessity". This article, through a descriptive-analytical method and bibliographic studies, investigates various aspects of the "Islamic support" view, especially the "rule of sanctity of terror" and "humanitarian rights" to cultural heritage, and the influence of the element of "military necessity" on its permissibility or lack of  permission to destroy cultural heritage in  two fields of "Islam" and "International Law". Before that, the basis of respect for property in Islamic doctrine should be based on one of the two views of "the intrinsic value of cultural property" or "the benefit of civilians".