The legitimacy of intellectual property rights the light of Islamic law (Sunni and Shia Fiqh)

Abstract

Islam does not allow any violation against people’s rights, whether material or intellectual. Therefore, it does not allow that the efforts of others be taken away from them or be used without their consent. However, some scholars contend that intellectual property rights were not directly regulated by Sharia but the others say that the principles of Sharia can be construed to provide support for such protection. Nevertheless, an analysis of the definitions and classifications of property under principles of Islamic law reveals that the concept of intellectual property is not alien to Islamic law of property; rather it is an integral part of it. General principles extracted from the sources of Islamic law and outlined by Muslim jurists have squarely encompassed it as a usufruct (manãfi') property, which is recognized as object of right that could be exclusive only to the individual that has right over it. This article assesses the stance of Islamic Law, known as Sharia, concerning the protection and enforcement of intellectual property rights in Islamic Law and culture.