State Property: Ownership of Inherited Antiques vs. Transfer to State Collections

Practical Laws of Islam as per the teachings of Imam Khamenei

State Property: Ownership of Inherited Antiques vs. Transfer to State Collections

English:

Question #1964:

A person gave another an antique. It was transferred to the latter’s inheritors after his death. Should it be deemed rightfully theirs? Yet, since it is more appropriate to put this antique at the disposal of the state, have the inheritors the right to demand compensation?

Answer #1964:

Being an antique should not detract from the fact that it could be privately owned. Thus, it does not cease to be the property of the owners if they acquired it lawfully. Any shar‘ī consequences that may arise from the private ownership should be upheld. Should there be any state rules and regulations aimed at preserving the historic relics and valuable items, the owners’ legal rights must be taken into consideration. Yet, if the person acquired the item in question unlawfully, i.e., contrary to Islamic law or the rules of the Islamic state that should be respected, they should not be deemed the rightful owners of the item.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of State Property