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 a mother giving the Zakat of her wealth to her children?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a mother to give her children from the Zakat if they are among those who are eligible for it—such as being poor (Fuqara), possessing no wealth, and not being sufficiently provided for by the maintenance (Nafaqah) of others. This is based on the statement of the Messenger of Allah ﷺ regarding Zaynab, the wife of 'Abdullah ibn Mas'ud (may Allah be pleased with them both): (Your husband and your children are the most deserving of those upon whom you spend in charity) [Narrated by Al-Bukhari].
 
It is stated in [Al-Hawi al-Kabir, Vol. 8/P.537]: 'As for the wife, it is permissible for her to pay her Zakat to her husband from all the designated shares... Our evidence is the generality of the saying of Allah the Almighty: "Zakat expenditures are only for the poor and for the needy", and the Hadith of Abu Hurairah that the Prophet ﷺ said to Zaynab, the wife of 'Abdullah ibn Mas'ud: (Your husband and your children are the most deserving of those upon whom you spend), and this is taken in its general sense.' And Allah the Exalted knows best.

Does the time of Fajr (dawn) prayer start after the first Athaan (call for prayer), or the second one?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                    The time of Fajr prayer starts after the second Adhan. And Allah Knows Best.

Is it permissible for a woman to perform the obligatory prayer immediately after the adhan and before the Iqamah is performed in the mosque?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Yes, it is permissible for a woman to perform the obligatory (Fard) prayer immediately after the Adhan (call to prayer) and before the Iqamah (call to commence prayer) is performed in the mosque. And Allah the Exalted knows best.

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.