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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

What is the ruling on uncovering the eyes while wearing a Khimar?

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.
According to Sharia, a woman`s clothing shouldn`t be attractive so as to prevent sedition. However, it is better for a woman to be on the safe side and avoid such clothes. And Allah The Almighty Knows Best.

Is prayer mandatory on a dying person who goes through a state of unconsciousness, then wakes up?

If he wakes up and was conscious, then he should pray the way/manner he could, but if he wasn't, then he is exempted from obligatory prayer as Allah Says in this regard (What means): "On no soul doth God Place a burden greater than it can bear." [Al-Baqarah/286].

Is it permissible to delay menses by using medication in order to fast Ramadhaan?

It is permissible for a woman to use medication in order to delay her menses so that it becomes eligible for fasting Ramadhaan, but it is better that she doesn`t do so, and taking the medication is prohibited if she, or her doctors knew that it involves risk on her health. And Allah Knows Best.

If a woman makes a vow to slaughter a sheep, and her husband is the one who buys it for her from his own money, and he says: "It is for you until you fulfill your vow with it," Is this permissible, or must she buy it herself from her own money?

If her husband gave her the sheep as a donation for the puprose of fulfilling the oath she made and was slaughtered by the wife or the husband on her behalf then the vow she made is fulfilled. And Allah Knows Best. 

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