Islamic Law

Islamic Law

Explaining the Philosophical Foundations of the Right to Cultural Heritage: From Intrinsic Value to Human Dignity

Articles in Press

Document Type : Original Article

Authors
Ali HajiJafari 1
Mahmood Hekmatnia 2
Sayyid Abbas Hosseinisa 3
1 Graduate of the Level Four (highest level) seminary studies in Qom; doctoral candidate in specialized Philosophy of Law at Baqir al-Ulum University (peace be upon him), Qom.
2 Member of the Faculty of the Research Institute of Culture and Islamic Thought, Qom
3 Department of Law, Baqir al-Olum University, Qom.
10.22034/ilaw.2026.2078212.3730
Abstract
The right to cultural heritage, as a fundamental manifestation of human rights, is rooted in the connection between the intrinsic value of cultural artifacts and human dignity. Utilizing a descriptive-analytical method and a philosophical-legal approach, this article examines the theoretical foundations of this right from the perspectives of axiology, dignity, and historical continuity. By critiquing both essentialist and non-essentialist approaches, it explains the value of heritage as emergent, relation-centric, and beyond market price, considering it a manifestation of rationality, freedom, and collective identity (based on the ideas of Kant, Hegel, Ricoeur, and Nussbaum). The proposed framework defines the right to heritage as encompassing access, utilization, preservation, and dynamic participation, and obligates states to curb threats, guarantee intergenerational justice, and integrate heritage into human rights policies. The conclusion is that safeguarding heritage is not a managerial task, but rather a moral commitment to honoring human dignity and the re-creation of meaning in history.
Keywords
Cultural Heritage
Right to Cultural Heritage
Philosophy of Law
Intrinsic Value
Human Dignity

Subjects