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Resolutions of Iftaa' Board

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

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 it permissible for a woman to inherit the same share as of a man?

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all if his family and companions.                                                                                                                                                                                                 Thorough studies in which woman's right to inherit according to law of distribution of estate indicates that there are more than one case by which women inherit the same as man and sometimes much more, or to shed the lights regarding the right to inherit while men who share the same family line with her don't have the right to inherit because the deceased has closer ties of kinship with her. In addition to four cases whereas woman inherits half share in comparison with man's share although they had the same degree of kinship with the deceased. For further details as regards the latter cases, kindly refer to elaborated jurisprudence books. And Allah Knows Best.

 

 

Is it permissible for one to shake hands with his uncle`s daughter?

No, it isn`t because he is a non-Mahram (Marriageable) to her.

What is the ruling on paying a sum of money to Saudi citizen in return of having Saudi residence? It is worth noting that this transation is labelled as a "worker's visa" but I am not going to work as such only to facilitate having it?

Allah The Almighty Says (What means): "O you who have believed, fear Allah and be with the truthful" [At-Tawbah/119]. False statements contradict truthfulness, and it is not permissible to write them. A Muslim has the right to live in any Islamic country, and those who prevent him will be accountable before Allah about their action and the justification for the prohibition. And Allah Knows Best.

What is the expiation for perjury?

Perjury is forbidden and one of the major sins that require turning to Allah in repentance, seeking His forgiveness, giving back rights to whom they belong, or seeking their forgiveness, and expiating for that oath.

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