The concept of intellectual property in Islam and Western law

The concept of property is an important part of a modern society's structured society. How to look at the concept of property determines the nature of society. These copyrights are well known phenomena that are modern and powerless.

Intellectual property is defined as a specific legal right to property, and the result is a person's intelligence, such as patents, trademarks, industrial designs and copyrights. It is an intangible or intangible property.

In the West, intellectual property law is of great significance and is a widely accepted concept that belongs to the field of personal property. But in Islamic law, the concept of intellectual property is controversial.

In Islamic law, this concept of intellectual property is a concept that has not been extensively worked and that jurists are controversial. Some of them think it is property, while others do not. The main reason for the dispute is the nature of the property, because intellectual property is intangible and there is no physical existence.

Different schools of Islamic thought argue their views on acceptance and non-acceptance in different ways. The Hanfi school does not accept intellectual property as property, but Shafi considers it to be property because they believe that the right to use and the benefits also act as property, while Hanifi only considers material property as property.

Modern jurists place the intellectual property of property in the context of Haqooq-e-Urfiya [customary rights], which, according to Mulana Taqi Usmani, has such a nature and there is no evidence in Islamic law. The sole basis for recognizing this right is the practice of these rights.

This is the time to define and accept this concept of intellectual property. At this stage of globalization, the concept is of low importance. For the Muslim world, resolving this controversy of accepting and not accepting intellectual property is a challenge. Muslim jurists need ijtihad and ijma very much to admit this concept without a doubt.

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