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

What is the ruling on the yellow discharge that comes from a woman during pregnancy?

These discharges are not menstrual blood, but they are impure like urine and break the Wudu (ablution). If the discharge is frequent, its ruling is similar to that of urinary incontinence. The woman should perform wudu after the time of each prayer, pray the obligatory prayer, and any additional prayers she wishes, read the Quran, and take precautions against impurity to the best of her ability. Using a special pad can prevent the impurity from spreading. And Allah Knows Best.

Is it permissible for a man to lie to his wife? Is it permissible for a man to abandon his wife to work in Saudi Arabia, without her approval, although he is wealthy?

All perfect praise be to Allah, the Lord of the Worlds; may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
The Messenger of Allah commanded men to treat women kindly, so marital problems should be solved through understanding, and whatever causes harm to a woman is forbidden. 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.

What is the ruling of Sharia on giving the name "Wanas" to a child?

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.
That is all right so long as the name doesn`t imply something bad. And Allah The Almighty Knows Best.