WHAT DOES SHARIA SAY ABOUT COPYRIGHT?

In Islam, everyone has the right to benefit from the fruits of their own labor. An author is considered the owner of their written work, and an inventor is the owner of their invention. These are regarded as their property. Therefore, no one is allowed to copy, publish, or sell them without permission.

A Muslim is expected to treat other people’s property as a trust. In Islam, it is forbidden to claim or use someone else’s words, work, or creation as your own. Doing so is considered a betrayal of trust, an injustice to the rightful owner, and causes harm. According to Sharia, such a person is subject to punishment, and any profit made from this is considered haram.

Allah the Almighty says: “Do not consume one another’s wealth unjustly” (Surah al-Baqarah, 2:188). In another verse: “O you who believe! Do not betray Allah and the Messenger, nor betray your trusts while you know [the consequences]” (Surah al-Anfal, 8:27).

The Prophet (peace and blessings be upon him) said: “No one has ever eaten better food than that which he has earned by working with his own hands. Even Allah’s Prophet Dawud used to eat from what he earned with his own hands” (Bukhari). In another hadith: “There are three signs of a hypocrite: when he speaks, he lies; when he makes a promise, he breaks it; and when he is entrusted, he betrays the trust” (Bukhari, Muslim).

Abdul Fattah Abu Ghudda, in his book “Qimatuz Zaman ‘Inda al-‘Ulama”, writes: “Citing the source of a scientific statement or words is a trust.” According to scholars, in the past, rulers—especially Caliph Ma’mun—would reward scholars and translators for their books with gold equal to the weight of the book. This payment was much more than the cost of the paper, ink, or the book itself (“Asr al-Ma’mun”, 1/377).

At the fifth session of the Islamic Fiqh Academy held in Kuwait from December 10-15, 1988 (1-6 Jumada al-Awwal, 1409 AH), the following resolution was adopted regarding “non-material rights”: “After reviewing the research and opinions of members and experts on ‘non-material rights,’ the following decision was made: Article 3: The rights of creativity, innovation, and invention are legally protected. Owners may use them as they wish. It is not permissible to violate these rights. Allah knows best.” As established in the Law of the Republic of Kazakhstan “On Copyright and Related Rights,” violation of copyright and related rights is subject to civil, criminal, and administrative liability under national law. The Muslim community is also obliged to comply with this law.

Hasan AMANKUL

“Munara” newspaper, No. 1, 2021