The issue of the antiquities trade has long been a subject of legal and ethical concern, which has undergone significant evolution throughout history. Attitudes, both legal and religious, towards the trade and ownership of antiquities have varied considerably from the Islamic era to the modern period. This article traces the history of regulating the antiquities trade in Egypt, beginning with the Islamic legal perspective, moving through laws enacted by successive Islamic states, and culminating in modern legislation under both the monarchy and the republic.
I. The Sharia Perspective on Pre-Islamic Antiquities
Under Islamic law, antiquities from before Islam were generally regarded as “buried treasures of the Jahiliyyah,” belonging to civilisations that were not founded upon monotheism. Such finds fell under the Islamic legal category of al-rikāz (hidden treasures), governed by the hadith in which the Prophet ﷺ said:
“In buried treasure, one-fifth belongs to Allah, and the remainder to the finder.”
(Narrated by al-Bukhari and Muslim)
Based on this principle, anyone who discovered a treasure or buried relic was required to pay one-fifth to the state or public treasury, under the supervision of the muḥtasib (market inspector).
II. Regulation of the Antiquities Trade in the Islamic Era
The Tulunid Period (3rd century AH)
Ahmad ibn Tulun was the first to institute an official system regulating the excavation and exploration of antiquities in Egypt, known as the “system of claims.” This framework stipulated:
- Anyone wishing to search for antiquities had to notify the state.
- The state was entitled to one-third of any discoveries, while the excavator retained two-thirds.
- In line with Islamic law, one-fifth of the treasure was allocated to the state.
- The state also provided security escorts for excavators.
(See Ibn Qudamah al-Maqdisi, Al-Mughnī; Sayyid Sabiq, Fiqh al-Sunnah on treasure troves; Ibn Khaldun, Al-Muqaddimah, Dar al-Fikr, Beirut, 2001)
The Ottoman Era and European Intervention
During the Ottoman period, the situation underwent a dramatic change. European explorers and collectors, often aided by local residents, began excavating and exporting antiquities. Their interests extended beyond artefacts to manuscripts in science, medicine, engineering, construction, and weaponry. This is why today, institutions like the National Library in Vienna hold vast collections of Islamic manuscripts, while Egypt’s primary repositories remain Al-Azhar’s libraries and a few mosque collections.
(See Jamal Hamdan, Egyptian Personalities, Egyptian General Book Authority, 1993)
III. Regulation in the Modern Era
Under Muhammad Ali Pasha (1805–1848)
- Muhammad Ali issued decrees to regulate antiquities sales and oversee excavations.
- He imposed taxes on the extraction of antiquities and claimed a share of the proceeds.
- Notably, he gifted an Egyptian obelisk to France, which still stands in the Place de la Concorde in Paris.
(Abdul Rahman al-Rafi‘i, The Era of Muhammad Ali, Dar al-Ma‘arif, 1951)
Under Khedive Ismail (1863–1879)
- Khedive Ismail initiated the collection of Islamic artefacts and established Cairo’s second Islamic Museum within the Al-Hakim Mosque. This followed the earlier example of Sultana Shajar al-Durr, who displayed the belongings of her husband, Sultan al-Salih Najm al-Din Ayyub, in 646 AH.
- He also ordered manuscripts gathered from mosques and schools to be housed there, later transferring them to the Khedivial Library under the supervision of Pasha Mubarak, now known as the Egyptian National Library on the Nile Corniche.
(Husni Nuwaisir; Islamic Architecture in Egypt during the Ayyubid and Mamluk Periods, 2006; Hassan Abdel Wahab, History of Islamic Antiquities in Egypt, 1990)
Under Khedive Abbas Hilmi II (1898–1914)
- The last Ottoman ruler in Egypt, Khedive Abbas Hilmi II, moved the Museum of Arab Antiquities to its current location at Bab al-Khalq, now the Museum of Islamic Art.
- He personally oversaw the Committee for the Preservation of Arab Antiquities, although no new antiquities laws were introduced during his reign.
Under King Farouk I (1936–1952)
- In 1951, King Farouk enacted a law regulating the antiquities trade that:
- Prohibited foreign archaeological missions from excavating without Egyptian government approval.
- Banned the export of antiquities deemed strategic.
- Permitted licensed antiquities dealers to sell to museums and local collectors.
(Egyptian Official Gazette, Issue 34, 1951)
IV. Legislation after the 1952 Revolution
Under Gamal Abdel Nasser (1952–1970)
- Although antiquities laws saw little formal change, royal possessions—including valuable artefacts—were often sold at public auctions.
(Mohamed Hassanein Heikal, October Papers, Dar Al-Shorouk, 1988)
Under Anwar Sadat (1970–1981)
- Sadat issued decrees restricting the sale of antiquities exclusively to within Egypt.
- Antiquities exports became the sole prerogative of the state.
- All antiquities dealers were required to be officially registered with the Egyptian Antiquities Authority.
(Egyptian Antiquities Authority, Annual Report on the Antiquities Trade, 1975)
Under Hosni Mubarak (1981–2011)
- Law 117 of 1983 was enacted, which:
- Completely banned the sale and trade of antiquities, both domestically and abroad.
- Required anyone discovering antiquities on their property to surrender them to the state without compensation.
- Reclassified antiquities dealers as mere “possessors” with no right to sell.
(Law 117 of 1983, Egyptian Official Gazette)
Impact of the 1983 Law:
This law effectively criminalised the antiquities market, prompting many dealers to engage in smuggling. It also created public resentment, as finders received no compensation, fuelling perceptions of injustice.
Conclusion
Over the centuries, Egypt’s approach to its antiquities has shifted dramatically—from permissive excavation under Islamic rule, to foreign dominance in the Ottoman era, and finally to stringent modern legislation. The 1983 law marked the strictest phase, inadvertently driving a lucrative black market. It remains crucial that antiquities of national importance never be allowed to leave Egyptian soil.
Recommendations
- Reassess existing laws to enable regulated legal trade that curbs illicit markets.
- Strengthen enforcement against smuggling, particularly at ports and airports.
- Foster public appreciation of antiquities as national heritage—embracing Abdel Karim Abu Shanab’s principle:
“All heritage is inheritance, but not all heritage is identity.”
—encouraging citizens to value antiquities beyond mere commercial gain.
*The views expressed in this content are those of the author and do not necessarily reflect the editorial policy of İdrakpost.
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