Date : 09-02-2026

Question :

A person authored a book but died before its publication. The manuscript remained with his wife. Someone offered to buy the manuscript on the condition that he would publish the book under his own name, not the author's. What is the Islamic ruling on this?

The Answer :

All perfect praise be to Allah the Lord of The Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.


 


It is prohibited for the purchaser of the deceased's works to attribute them to himself, as this constitutes fraud and forgery, which are forbidden in Islamic law (sharia). This is considered academic theft. The Prophet (peace be upon him) said: “The one who pretends to have what he has not been given is like one who wears two garments of falsehood.” (Narrated by Al-Bukhari). If the heirs are aware of the purchaser’s intention to attribute the work to himself, it is not permissible for them to sell it to him. The resolution of the Islamic Fiqh Council in its fifth conference in Kuwait (1409 AH–1988 CE) states: “Copyrights, patents, and intellectual creations are protected under Islamic law. Their owners have the right to dispose of them, and it is impermissible to infringe upon them.”


Upon a person's death, all their wealth—including copyrights and intellectual property—ceases to be their possession and transfers to their heirs, who are entitled to it according to their prescribed shares under Islamic inheritance law.


In principle, it is permissible to sell permissible and beneficial authored works, manuscripts, and books, as they are considered valuable benefits and the exclusive property of their authors. No one may reproduce, publish, or dispose of them without the owner’s permission. Imam Al-Nawawi (may Allah have mercy on him) said: “Our fellow scholars stated that it is permissible to sell books of Hadith, jurisprudence, language, literature, permissible poetry, medicine, mathematics, and other beneficial works.” (Al-Majmu’, Vol. 9/P.253)


In the event of the author's death, their rights are transferred to all their heirs. The Jordanian Fatwa Council Resolution No. 48 states: “The author’s rights are transferred to their heirs after their death.” Therefore, the heirs aren`t considered sinful for selling these works and benefiting from their proceeds, provided that the works are published under the deceased author’s name.


In conclusion, authored works, books, and copyrights are transferred to the heirs after the death of their owners. The heirs have the right to benefit from them and their proceeds. However, it is not permissible to sell them to someone who intends to attribute them to himself, as this involves fraud and forgery. And Allah the Almighty knows best.