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Some software companies would not allow customers to resell it under copyright . Can i use used software? Is this reselling is permissible?

Answered as per Hanafi Fiqh by Fatwa.ca
Question:

Some software companies would not allow customers to resell it. example if i want to buy one software ,it is very costly in the market,so i tried to buy used software.
But the software company resist this and not allowing that software holder to sell software to anybody. can i use used software? is this reselling is permissible?


Answer:
Bismillahi Ta’ala,

Assalamu Alaikum Warahmatullah,

In principle, reselling of one’s old software is permissible. However, softwares which restrict such resale tend to do so safeguarding the intellectual property of the software company. There is difference of opinion among the Ulama regarding such copyright. Regardless of this difference of opinion, if some company has such restrictions in place and enforced by the law, then they should be upheld.

Rasulullah salallahu alayhi wasallam has mentioned in a hadeeth to abstain from putting oneself in a position which may cause rebuke. By engaging in such activity, where law may rebuke us, will disgrace the name of Islam. The best course of action, hence, would be to avoid such resales or using of such softwares and opt for some alternative open source software.

Nonetheless, if some one does purchase such used software and make use of it, it will not be against Shariah. Similarly the sale of such used software is also not against Shari’ah.

And Allah Ta’ala Knows Best,

Mufti Faisal al-Mahmudi

Checked and Concurred,
Mufti Faraz al Mahmudi

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This answer was collected from Fatwa.ca, which is a fatwa portal operated by Mufti Faisal al Mahmudi from Canada. 

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