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Advertising for a Company: Balancing Copyright and Contractual Obligations

Answered as per Hanafi Fiqh by Muftionline.co.za


(1) I wish to advertise online for a certain company. They will pay me for the advertising I place on the internet of their products. Before doing so, I have to enter in a contract with them that I will not use any copyrighted materials on a website I run. Else it would be illegal (in the eyes of kaffir governmental laws) and violation of our contract. Is it necessary to honour this agreement I may make with them? I consider copyrite to be not recognised in Shari’a.

(2) The agreement also has a number of other mundane clauses and conditions that do not have a Deeni implication like above. For example, the agreement states that I cannot advertise on a certain type of website, or give someone a link to their website via email. If I agree to their ‘operating agreement’, is it necessary to follow all these laws?

(3) If not, will I be sinful for dishonouring my ‘operating agreement’ contract with them?

(4) Similarly, will any potential income from this business operation be haraam or ‘tainted’ if I do not follow the permissible clauses of the agreement/contract?



1. This does not have to be honoured. This is not a condition that is recognised in Shari`ah.

2. As above, these are conditions that the Shari`ah does not recognise.

4. If it is not recognised by Shari`ah then your business will not be tainted.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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