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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 02-11-2015

 

Resolution No.(48): “Ruling on Publishing or Copying Books without Obtaining the Permission of their Author“

Date: 24/4/1422 AH corresponding to 15/7/2001 AD.

 

The Board has received the following question:

What is the ruling when some owners of bookshops, speed-duplication shops, and presses produce copies of books and sell them without any consideration to copyrights reserved to their authors and publishers?

Answer: All success is due to Allah.

The Board views that a book, which is the fruit of hard work and tremendous efforts of an author, is considered from the valuable benefits and a private property of his, and that none is allowed to reprint it or publish it, save with his permission. However, copying some pages for academic benefit is permissible, provided that the information is attributed to the original author.

Moreover, the author`s copyright is transferred to his eligible heirs after his passing away, but if he had no heirs, then it is permissible for the public to benefit from it because, in principle, knowledge is permissible. Therefore, printing his books and publishing them become permissible without obtaining his permission since spreading knowledge is amongst the public interests which people should be aware of.

Amongst the innovated books are the reproduced books of heritage and manuscripts. As the reproducers of these spared no effort in editing, comparing, classifying, explaining, adding inflections to words, providing headings and indices, and giving them an innovative shape, then they are considered their sole property, and none is allowed to copy or publish them, save with their permission.

Consequently, the act of copying and selling books, undertaken by the parties mentioned in the above question, without obtaining the permission of the author and abiding by the provisions of Sharia in this regard is unlawful and a violation to the rights of the author and the publisher. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-TamimiDr. Mohammad Abu Yahia

Dr. Abdulsalam Al-Abbadi

Dr. Yousef Gheezaan

Dr. Wasif Al-Bakhri

Sheikh Saeid Hijjawi

Sheikh Na`eim Mojahid

Sheikh Mahmoud Shwayyaat

 

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Summarized Fatawaa

Is everyone obligated to follow the fatwas of his country, and if we adopt the fatwas of scholars of other countries, is it considered a sin?

All perfect praise be to Allah, The Lord of The Wolrds and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.

It is permissible for the person who isn't specialized in Sharia sciences to apply the opinions of renowned scholars whom he trusts ,whether they be from his own country or not ,but if the scholars have different opnions regarding a certain issue/matter, then he must consult someone who is more knowledgeable than himself .It is preferable that you (the questioner) specify the case of your interest ,so that we could give you a more specific answer since some scholars deliver fatwas based on illogical/atypical opinions which should not be applied no matter what .And Allah The Exalted Knows Best.

What is the ruling on discharges that occur two or three days before the menstrual period, accompanied by a light blood color? Should I stop praying during this period?

Brownish, yellowish, and reddish discharges are considered part of menstruation if they occur within the menstrual period, provided that the total duration does not exceed fifteen days from the first discharge to the end of the cycle; in this case, all of it is considered menstruation.

After our father had passed away, my brother and I stayed with our mother for twenty years and served her to the best of our effort. However, she asked our other brothers (3) to support her financially but they refused to pay her anything. As a result, she gave her share of the inheritance to me and my brother. What is the ruling of Sharia on this?

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 recommended to give one`s children, males and females, equally. However, your mother is allowed to give one of them more than the others because he/she is needy or more dutiful to her than the others. And Allah The Almighty Knows Best.  

What is the ruling on a Muslim who slaughters an animal while being in a state of Janabah (ritual impurity)?

All Perfect Praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upo all of his family and companions.

Slaughtering is permissible for the ritually impure man and the menstruating woman because ritual purity isn`t a condition for the validity of the slaughtering. Moreover, it is permissible for the uncircumcised person to do the slaughtering as well. And Allah The Almighy Knows Best.

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