Resolutions of Iftaa' Board



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 religious young Muslim woman to love a young man for Allah`s sakes?

Such love between the two sexes is from the devil`s evil suggestions, and a pure Muslim woman should beware of such a matter, and she shouldn`t mix with non-Mahrams (Marriageable ).

What is the due amount of food in expiation for perjury?

It is feeding ten indigent persons: 600 grams (for each) of the average food of your families such as rice, and it is permissible, according to Imam Ahmad Bin Hanbal, to give that amount in money if it was more useful to them.

What is the ruling on performing ablution (wudu') and ritual bathing (ghusl) with Zamzam water?

It is permissible to perform ablution and ritual bathing with Zamzam water. However, scholars disliked using it for cleaning after relieving oneself (istinja'). And Allah the Almighty knows best.

I`m in love with a certain man, and want to marry him in particular, but my family refused that, what should I do?

The father should know what is in the best interest of his daughter and consider her situation. On her part, the daughter should trust her father`s view point as far as suitors are concerned. Moreover, it is prohibited for any woman, or girl to get involved in a relation with a non-Mahram (Marriageable man).