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The Perspective of Moral and Financial Rights of Intellectual Property in Islam

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During the Islamic era, Muslims were pioneers in preserving intellectual property rights. Nowadays, however, according to Halāl and Harām, Islamic scholars view intellectual property rights differently, depending on the perspective taken during consideration. As a consequence, one may question whether there is any basis for the concept 'intellectual property rights' in Islamic rules, values, or thoughts, and whether violation of such rights would constitute a sin, similar to violation of any other tangible property. This study on intellectual property rights presents diverging opinions encountered in Islam and concludes that issuing a verdict of Harām or Halāl would be unsuitable for the violation of intellectual property rights, which is a secular issue. The concept 'Intellectual Property' existed in Islam centuries ago in the dress of moral rights. While financial rights, on the other hand, are an arguable issue, intellectual property rights shall be protected and affected as well.

Affiliations: 1: Private Law Department, Faculty of Law, University of Jordan, Amman, Jordan; 2: Faculty of Science of Economics and Administration, Hashemite University, Zarqa, Jordan


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