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Legal Aspects of Movable Antiquities Protection in Jordanian Legislation: An Analytical Critical Study

In: Arab Law Quarterly
Authors:
Alaeldin Abdallah AlkhasawnehAssociate Professor of Civil Law, Yarmouk University, Irbid, Jordan
Associate Professor of Civil Law, United Arab Emirates University, Al-Ain, United Arab Emirates

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Tayil Mahmoud ShiyabAssociate Professor of Criminal Law, Al-Ain University, Al-Ain, United Arab Emirates

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Faisal Abdulhafez AlshawabkehAssociate Professor of Public Law, Al-Ain University, Al-Ain, United Arab Emirates

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Abstract

Movable antiquities are very important in peoples’ lives, as they reflect history, establish identity and revive the past. The Jordanian legislator issued Public Antiquities Law 21/1988 to impose a legal protection for antiquities. Through this study, we focus on the issue of the protection of legal movable antiquities in Jordan and determine whether the current provisions are sufficient to this end. We define the protected movable archeological properties in Jordanian legislation and certain comparative legislations. Thereafter, we deal with the means—whether administrative, civil or criminal—of legal protection for movable antiquities. By analyzing such protective legal provisions, we conclude that they are insufficient and in need of multiple supplements. We recommend reinforcing Jordan’s commitment to the protection of movable aniquities by changing legislative texts that reflect the importance of protection movable antiquities while promoting the legitimate trade and exchange of these materials.

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