Journal of Islamic Thought and Civilization (Dec 2019)
The Status of PDF Books and Copyright Laws in Sharīʿah Teachings
Abstract
There are two kinds of copyrights, literary and monetary. The literary right is acknowledged as a legal right by everyone and it demands that any writing, invention, discovery or inscription should be ascribed to its original author or creator and not to anyone else.1 However, scholars differ about the monetary right. There is no difference of opinion about receiving money for an invention or an authorship because it is supported by the Islamic law.2 The actual point of debate is the registration of such an invention or authorship in someone’s name under the provision of copyright laws which create a personal monopoly on the use of copyrighted knowledge. The majority of scholars is in favour of such copyright laws; whereas some academics based on the Ḥanafī School of jurisprudence are against the laws that guarantee intellectual property rights. This research article explores the origins and basis of both sides of the scholarly divide and suggests a moderate view between these two opinions.
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