Preserving the Intangible:

Islamic Legal Perspectives on Heritage Protection

Fatimah Alshehaby

 

Abstract: Islamic heritage has played a significant role in shaping and enriching human civilisation. The preservation of cultural heritage is deeply rooted in Islamic tradition, as demonstrated through the dedication of Muslim communities to cultural continuity. However, intangible cultural heritage (ICH) in the Muslim world has encountered several challenges, including those posed by globalisation, rapid urbanisation, extremist ideology, and technological development. While international legal frameworks provide mechanisms for the protection of ICH, there remains a substantial gap in scholarship on the intersection of Islamic tradition and international law on safeguarding ICH. This article explores the protection of ICH from an Islamic perspective, focusing on its main sources, the Qur’an and the Sunnah, and considering historical practices of cultural preservation in Islamic civilisation. By investigating the intersection between Islamic legal principles and international standards, the study aims to enrich global discourse on heritage protection, while also enhancing compliance with international legal guidelines. Ultimately, the article advocates for a more inclusive framework that resonates culturally for safeguarding ICH throughout the Muslim world.