Copyright ... and Islam

Really? Can someone elaborate on this, please?

Jazak Allah.

I guess context is important in case of quoting someone:

I think what armughal said was this:

most muslims do not recognize copyright as Islamic but the fact is that stealing is stealing no matter how u do it

by putting the bold part in again in the sentence, we can easily point out where he is coming from. My intution is that what he is refering to is the act MOST muslims are engaged in by stealing cable/dish thus approving it to be 'right.'

I know stealing is stealing.. and that is not what I am asking here.. I am asking about Islamic point of view on copyright.

Thankyouverymuch.

ps. And no, this is not about dish/cable.. but about a general question of copyright.. be it software, books, intellectual property or what have you.

[QUOTE]
*Originally posted by Faisal: *
I know stealing is stealing.. and that is not what I am asking here.. I am asking about Islamic point of view on copyright.

Thankyouverymuch.

ps. And no, this is not about dish/cable.. but about a general question of copyright.. be it software, books, intellectual property or what have you.
[/QUOTE]
:) okay

what I can understand is that copyright just refers to "disclaimer of ownership" and islamically speaking, it is perfectly fine to declare and tell others what you own and what you do/don't want others to do with what you own.

May be someone with better knowledge can further elaborate on this. I want to know as well in that case.

here is one interesting theory....

copyright is similar to hoarding; which is forbidden in Islam....
since most of the 'copyrights' r held by non-muslims, and the muslim nations r overall poor, the non-muslims r victimizing muslims by selling the software (ofcourse i read this one in this regard, u can easily replace this by books, technology whatever) at such a huge price....

another one says "stealing from non-muslims is right"....
or anything that adversely effects their economy is supposed to be good for us....

P.S. i dont believe in all these theories....
but as long as i am not re-selling the software, pirated copies r good enuff for me.... :p

Without getting into a discussion about muslim and non-muslim, can we please focus on just the issue of copyright. If it makes it easier, lets stick to software copyright held by a muslim.

Is copyright permitted in Islam? If not, why not?

Hoarding? Why is copyright similar to hoarding? If someone has spent his time (an asset) and money (again an asset) to come up with a product (another asset), why should he not be fairly compensated for the use of such an asset?

not that i have anything against copyright, but by ur definition, if someone has spent his time and money and put in an effort to store things, took the risk of possible damage, then why is hoarding not allowed????

Can we, for a change, talk about copyright here?

I mean, for crying out loud, first a gentleman gets into a discussion on television, then we go on the issue of non-muslims and now hoarding!

What does one has to do to get a simple answer here. :smack:

Oh well.. never mind.. I found the answer myself (I guess).

From Islam-qa

Question #21899: Intellectual property rights

**Question : **
What do the Muslim fuqaha’ say about intellectual property rights such as trade names, trademarks, copyright and patents?

**Answer : **
Firstly:
Trade names, trademarks, copyright and patents are all rights which belong exclusively to their owners. In modern times they have come to have a considerable financial value. These rights are recognized according to sharee’ah, and they should not be violated.

Secondly:
It is permissible to buy or sell a trade name or a trademark, and to transfer any of them in return for monetary compensation, so long as there is no cheating or deception.

Thirdly:
Copyright and patents are protected by sharee’ah. Their owners have the right to buy or sell them and nobody has the right to violate these rights. And Allaah knows best.

Qaraar Majlis al-Fiqh al-Islami al-Khaamis, 1409 AH (www.islam-qa.com)

Also

Question #454: Copying computer programs

**Question : **
I want to know if copying software on my hard drive that I have not bought is wrong.

**Answer : **
Praise be to Allaah

The Permanent Committee for Iftaa’ (Islamic Rulings), chaired by Sheikh Abdul-Aziz bin Baz, has replied to this question by ruling that it is not permissible to copy software without permission from the original author or the copyright holder based on the following three haadeeth of the Prophet (peace be upon him):

(1) “Muslims are to honor their agreements (with others)”;

(2) “A Muslim’s wealth is forbidden for others to use without his permission;” and,

(3) “Whoever is the first to acquire a mubaah (something lawful to acquire) is entitled to keep it”. This applies to both Muslims and non-believers (who are not engaged in an act of war with Muslims) because the right of a non-believer is respected in the same manner as a Muslim’s right. Allah knows best. (Committee Fatwa no: 18453)

Also, Sheikh Muhammad bin Salih Al-'Uthaimeen has ruled that whatever is customary among people should be the rule except when a user wants a copy for himself and the author or the copyright holder did not explicitly prohibit copying the software for private or public use. However, if the author or the copyright holder specifically stated that private and public copying of the software is prohibited, then it is not permissible to copy that software.

Committee Fatwa no: 18453
Sheikh Muhammad bin Salih Al-'Uthaimeen (www.islam-qa.com)

From Islam-Online

**Question **
Scholars of Islam, As-Salamu `Alaykum wa Rahamtu Allah wa Barakatuh. Is there a copyright law in Islam? Some people say that knowledge is a common property and it cannot be restricted. They use the Hadith of the Prophet, peace and blessing be upon him, that “Wisdom is the lost property of a believer, it is his, wherever he may find it.” What do you think of making copies of computer software?

Answer
Islam, the true religion of Allah, respects both the private and the public ownership. It doesn’t sanction any violation against people’s rights, whether material or intellectual. Therefore, it does not allow that the propaganda or the efforts of others be taken away from them or be exploited without their consent. In order to explain this problem we should first ask ourselves why do authors, tape producers and computer program devisors resort to register their copyrights. The fact is that some unscrupulous people are always ready to make pirate copies of these and sell them at a profit of which they give no share to the author. What someone has produced after putting a great deal of effort is thus used to bring financial gains to others who do not even bother to ask his permission. When a person knowingly buys a pirate copy, then he is aiding such people whose piracy is certainly prohibited in Islam. To be an accessory to piracy is also censurable.

Focusing more on the question you posed, Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states:

“It is correct that the knowledge is a common property. But it does not mean that people cannot sell books or own books. It does not mean that people can go and steal books or take over other people’s labs and libraries. It means that all people should be free to learn. No one group should have monopoly on knowledge.

The Hadith of the Prophet, peace and blessings be upon him, about wisdom as a lost property of the Believer is an authentic Hadith. It is mentioned by At-Tirmidhi and Ibn Majah. But this Hadith also means that the Believers should be open-minded and should learn from all sources. They should be more concerned about what is being said, not about who said or from where they receive the message. `Ali, may Allah be pleased with him, is reported to have said, “Take wisdom and it would not harm you from what bag it came.” (see Al-Sakhawi, Al-Maqasid Al-Hasanah, p. 192).

Thus the meaning of this Hadith is to seek knowledge from all sources, not to take over other people’s possessions. Islam encourages Muslims to learn, but it also respects the laws of ownership. Plagiarism, piracy, misquotation, taking other people’s property etc. are all nothing but theft, and deception. People have right to their material property as well as intellectual property.

Just like there are rules in Islam for the use of material things, so there are also rules for the use of intellectual property. Computer programs are governed by the contracts that the owners or sellers make with the buyers. Allah says in the Qur’an, “O you who believe, fulfill the contracts.” (Al-Ma’idah: 1) Also, the Prophet, peace and blessings be upon him, said, “Muslims must abide by their agreements, except an agreement that make Haram (unlawful) what is Halal (lawful) or make Halal what was Haram.” (At-Tirmidhi, Hadith No. 1272)

It goes without saying that it does not make any difference whether the contract is made between Muslims themselves or between Muslims and non-Muslims. Such programs should be used according to the terms of agreement or what is customarily accepted as a `Urf (common custom) among the people of that business.”

I guess that should solve it, for those who did not know.

Interesting. Certainly clears up a few matters. Jazak'Allah khairun, Faisal. smile