Skip to content
Skip to content

This archive is reader-funded. Help keep SunniPath's answers and books online, free for everyone.

Donate

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

Answered by
Shaykh Faraz Rabbani
Published
16 September 2005

This archive is free and reader-funded.Donate to keep it online

Question

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

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 published by SunniPath and is preserved as written. Rulings can depend on circumstances; for your own situation, consult a qualified scholar.

Originally published by SunniPath (sunnipath.com).

Comments

No comments yet.

Add a comment

Comments appear after review. Your email address is not displayed.