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Copyright Law is Binding: Answering the Argument The Copyright Is Haram Because It Contravenes Ownership Rights Owner At The Time

Answered according to Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

Answering the Argument That Copyright Is Haram Because It Contravenes Ownership Rights owner at the time! Copyright is Haram in Islam and it contradicts of the fundamental right of valid ownership or possessing a property with the full right of disposal (Haq ut-Tassaruf) of what you own. Copyright? The western idea of copyright contradict with a fundamental condition of trading in Islam i.e. (Haqq-ut-Tassaruf) right of disposal and contradict with the Ahadeeth of the Messenger Muhammad (saw) regarding selling without Shart regardless if one sells books, software, cars and video or audio tapes. Therefore, copyright over any goods or services is (prohibited) because Islam forbid conditional selling (Bayi’ Wa Shartt).

Answer:
In the Name of Allah, Most Gracious, Most Merciful

Walaikum assalam,

The answer to this argument is simple: copyright is intellectual property, not physical property. When you buy a book, CD, or other copyright material, you have purchased a physical copy of something that another owns the intellectual copyrights to. You have the ownership-based right to use this physical copy as you wish.

However, as the contemporary fuqaha explain, owning a something does not necessarily give you the right to make another copy of it. A simple example they give is money. If I have a US$100 bill, I have the ownership-based right to use it as I wish. However, I do not have the legal right to make “copies” of the US$100 bill, as most of us would reasonably agree.

The danger of breaking copyright laws is clear: you would be wronging others, and the Prophet (Allah bless him & give him peace) said, “Wrongs are darknesses on the Day of Judgement.” The warnings against wronging others are frequent in the Qur’an and Sunnah.

And Allah alone gives success.

Wassalam,

Faraz Rabbani.

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.

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