Malaikah
07-18-2007, 03:26 AM
:sl:
Excuse me? What proof do you have they use the money themselves? I know of a few institutes that sell the material so they can raise money to continue producing high quality classes.
If I remember correctly Al-Maghrib institute (which produces these classes) is one of them.
And it really doesn't matter whether we believe in copy right or not, the material is copy right, therefore it is illegal to download them, and because it is illegal it is also
haram.
On that basis, I doubt we will get much barakah from the acknowledge we gain listening to lecture via haram means.
It is not permissible to try to download lectures from sites that do not allow that, because that is transgressing against the rights of others who have written, compiled, invented etc (i.e., copyright); these are rights that are protected, as it says in the statement of the Islamic Fiqh Council issued during its fifth conference held in Kuwait, 1-6 Jumada al-Awwal 1409 AH/ 10-15 December 1988 CE:
Firstly: trade names, company names, trademarks, writings and inventions are all the copyright of their owners or authors, which in modern practice have acquired monetary value. These rights are respected by sharee’ah and it is not permissible to transgress against them. Copyright of authors and inventors is protected in Islam.
....
Thirdly: the owner of these rights has the right to dispose of them and no one should transgress against them.
http://www.islam-qa.com/index.php?ref=38847&ln=engAbu Rago
07-18-2007, 03:46 AM
:w:
Heres a nice article for you sister. I hope you read it all:
The Prohibition of Copyright and Patent in Islaam
It is common today to see on any Islaamic book or publication a copyright mark and then a few words warning the purchaser not to copy the book or any other such thing without permission of the author, publisher or copyright owner. This is a great jaahileeyah and rebellion against Islaamic economic principles. This is part of the kufr exploitation of individuals and a hindrance to progress, jaahil Muslims have followed this without consulting the Islaam law. The same is the case with ‘patent’ laws being attached to new inventions or applications of science. People restrict knowledge and want exclusive control over what they have discovered. This is one of the symptoms of the absence of the Islaamic law as foundation for all aspects of life whether of ruling, judiciary, social or economic. The absence of the Islaamic way of life has lead to a complete following of the systems of life of the disbelievers, as the hadeeth of Abu Umaamah al Bahili states that Nabi (saw) said “Islaam will be undone knot by knot, every time a knot is undone, people will hold onto the next one, the first of which is judging by what Allaah has revealed and the last of them is the prayer.” (AHMAD)
The following points explain from the Qur’aan and Sunnah that copyright and patent are prohibited in Islaam and are a contradiction of basic Islaamic economic objectives as well as detailed laws of transactions:-
1) Knowledge is all from Allaah (swt), Allaah is Al Hadi, Al Hakeem, Al A’leem. The one who makes copyright did not invent anything but rather he discovered something or was inspired by Allaah (swt) to write something, this knowledge was given by Allaah (swt) to be used in a way that serves Allaah, as everything in this life is for the worship of Allaah. To place a copyright implies that the person them self is the possessor of the knowledge and that it was derived by themselves. It thus contradicts the Tawheed of Knowledge. The evidences of Qur’aan and Sunnah that knowledge is from Allaah are too many to quote but we just mention a few whose general implication is very clear, Allaah (swt) says “Is not Allaah Sufficient for His slave? Yet they try to frighten you with those besides Him! He whom Allaah sends astray, for him there is no guide. And he whom Allaah guideth, for him there can be no misleader.” (az Zumar 39:36-37)
And “He grants hikmah to whom He pleases, and he to whom hikmah is granted, is indeed granted abundant good. But none remember except men of understanding.” (al Baqarah 2:269)
And “My Lord increase me in knowledge” (Ta Ha 20:114) and Muawiyah reports that Nabi (saw) “If Allaah intends good for anybody then He gives him understanding (fiqh) in the deen and verily I distribute it while Allaah bestows it” (BUKHAARI, MUSLIM) So hikmah [wisdom], I’lm [knowledge], hidaayah [guidance] and fiqh [understanding] are all from Allaah (swt).
2) It is haraam to conceal obligatory knowledge and it is haraam to penalise people for conveying knowledge. It is obligatory upon everyone to seek knowledge and to convey it. The one who places a ‘copyright’ or ‘patent’ on something is restricting learning and propogation of knowledge by forcing people to comply with his demands which are based upon economic gain. The evidences prohibiting the concealing of knowledge are many in the Qur’aan and Sunnah e.g. Allaah (swt) says “Mix not truth with falsehood, nor conceal the truth while you know.” (al Baqarah 2:42)
And “(And remember) when Allaah took a covenant from those who were given the Book to make it clear to mankind and not to hide it but they threw it away behind their backs and purchased with it some miserable gain. And indeed worst is that which they bought” (aali I’mraan 3:187) and Abdur Rahmaanbin Hurmuz al A’raj reported that Abu Hurayrah said “By Allaah, had there been not two verses in the Book of Allaah, I would not have narrated anything from him (saw). Had there not been the saying of Allaah, “Verily, those who conceal what Allaah has sent down of the Book and purchase a small gain there with they eat into their bellies nothing but Fire. Allaah will not speak to them on Yawmil Qiyaamah nor will he purify them. Theirs will be a painful doom. Those are they who purchase error at the price of truth and torment at the price of pardon. How constant are they in their strife to reach the Fire” (al Baqarah 2:174-175) (IBN MAAJAH [vol.1 no.262])
And Abu Hurayrah reported that Nabi (saw) said “He who is asked about knowledge and conceals it will be bridled on the Day of Judgement with a bridle of Fire.” (ABU DAWOOD [no.3650] AHMAD, TIRMIDHI, TABARAANI, IBN HIBBAAN, AL HAAKIM and IBN MAAJAH from Anaas ABU YA’LA & BAYHAQI from Ibn A’bbaas and HAYTHAMI said men of Abu Ya’la are saheeh) and Abu Sa’eedul Khudri reported that Nabi (saw) said “Whoever conceals knowledge which is beneficial for people, the affairs of the deen Allaah will bridle him with Fire on Yawmil Qiyaamah” (IBN MAAJAH [vol.1 no.265])
As for the concealing of knowledge then the Sharee’ah only allowed that in certain circumstances with regards to specific people, five e such reasons included the following:-
i) Prevention of knowledge from the enemies of Islaam concerning those matters whereby they may harm Muslims e.g. Matters of military advice and material advancement. This falls under the rules of al Walaa’ wal Baraa’ and is included within the generality of ayaat such as the following, Allaah (swt) says “O you who believe! Take not as your bitaanah [advisers, protectors, helpers, friends] those outside your deen since they will not fail to do their best to corrupt you. They desire to harm you severely. Hatred has already appeared from their mouths, but what their breasts conceal is far worse. Indeed We have made clear to you the signs if you have understanding” (aali I’mraan 3:118) and this is also included in the generality of the following ahadeeth, Jaabir reported that Nabi (saw) said “War is deception” (BUKHAARI, MUSLIM) and Ka’b bin Maalik reported “Whenever the Prophet (saw) intended to go out on an expedition he always pretended to be going somewhere else.” (BUKHAARI, MUSLIM) and Umm Kulthoom said “I did not hear him (saw) give permission for false speech in anything which people utter except three – war…” (MUSLIM)
ii) Concealing of knowledge from the public which is a matter of security for the Muslim ummah and its Islaamic interests. This is included in the generality of the following ayah “When there comes to them some matter of security or fear they make it known, if only they had referred it to the messenger or to those in authority from them, those of istinbaat would have understood it from them. Had it not been for the Mercy of Allaah upon you, you would have followed Shaytaan except a few of you.” (an Nisaa’ 4:85)
iii) Concealing of knowledge that may become harmful to the potential recipient due to a lack of foundational knowledge or due to a character which may be expected to abuse the knowledge or misinterpret it so that it leads to wrong conclusions or detrimental behaviour, this is included in the following evidences, Mua’dh ibn Jabal reported "I was riding behind the Prophet- (saw) when he said to me: 'O Mua’dh! Do you know what is due to Allaah from His creatures, and what is due them?' I responded: 'Allaah and His Prophet know best.' He continued: 'What is due to Allaah from His creatures is to serve Him alone and never to associate any other being with Him. What is due them is not to punish any person who does not associate aught with Him.' I said: 'O Prophet of Allaah may I not then give the glad tidings to the people?' He replied: 'No! Do not reassure them lest they rely on it (i.e. the promise and lapse in their service to Him).'" (BUKHAARI, MUSLIM)
A’mash reported that Nabi (saw) said “The calamity of i’lm is forgetfulness and its wasting is your talk to those not deserving of it” (DAARIMI) and Anas reports Nabi (saw) “Seeking i’lm is fard on every muslim and muslimah. To impart i’lm to the undeserving is like putting necklaces of pearls on pigs” (IBN MAAJAH)
iv) Knowledge whose authenticity is uncertain and may lead to harmful consequences for its propogatoers, or to those whom it concerns or for the wider society. Such information will usually be related to events and personal affairs which have become a subject of conversation for those who are unaware or neglectful of the prohibition of nameemah [harmful gossip] and gheebah [backbiting]. Allaah (swt) says “O you who believe! If a faasiq comes to you with news, verify it, lest you harm people in ignorance and afterwards you become regretful of what you have done” (al Hujuraat 49:6)
v) The concealing of genuine information of matters in order to serve objectives of unity among muslim brothers and sisters and among husband and wife Umm Kulthoom bin U’qbah reported that Rasool Allaah (saw) said “A liar is not one who makes peace between people and says good and promotes good” (BUKHAARI, MUSLIM) and in a version of MUSLIM, Umm Kulthoom said “I did not hear him (saw) give permission for false speech in anything which people utter except three – war, making peace between people and the speech of a man to his wife and the speech of a woman to her husband”
We see that none of the above five reasons give any justification for concealing knowledge for the sake of economic gain, rather the knowledge is only concealed for Sharee’ah objectives and usually only applies to specific groups of people and often for a temporary period. As for concealing knowledge for economic gain then that has been explicitly condemned in the Qur’aan in many places, such as in the ayah “Verily, those who conceal what Allaah has sent down of the Book and purchase a small gain therewith they eat into their bellies nothing but Fire…” (al Baqarah 2:174)
3) It is a rebellion against the Islaamic rights of the purchaser. A basic right of the purchaser in any complete sale is ‘haq at tasarruf’ [right of disposal] In other words, when you buy something, it belongs to you and you can do as you want with it as long as that does not involve any prohibition such as harming someone or disrespecting something that has some hurmah etc. Imaam Ibn Rushd [d.595] when talking of the prohibition of conditions added to sales and the prohibition of hindering the right of disposal of the purchaser said ‘…If however, he stipulates prevention of disposal, particular or general, then this is not permitted as it involves thaniyah [proviso]…’ (‘Bidaayatul Mujtahid wal Kifaayatul Muqtasid’ Kitaabul Buyoo’ [vol.2])
Also in clarification of the prohibition of such conditions, Ibn Rushd mentioned the view of Imaam Maalik [d.179 h], Ibn Rushd said ‘…His (the seller’s) stipulation of conditions that do not involve magnanimity, like the condition of not selling it, is not permitted according to Maalik, it is said that he held the sale to be rescinded and it is also said that only the condition was cancelled…’ (‘Bidaayatul Mujtahid wal Kifaayatul Muqtasid’ Kitaabul Buyoo’ [vol.2])
Those weak scholars who give invalid fataawa have a very limited knowledge of the Islaamic economic system and thus they are totally oblivious to continuous rights of the purchaser in Islaam. This means that copyright and patent are a form of zulm [oppression] as in the Sharee’ah the meaning of zulm is to usurp or prevent the Sharee’ah bestowed rights. Firstly it is oppressing the right of disposal and secondly it leads to oppression against legitimate ownership of wealth as the copyright or patent owner attempts to gain wealth from those who have not adhered to the copyright either through suing in the kufr civil courts [which itself involves the major shirk of seeking judgement from man made law] or through an out of court settlement. To take the property of a Muslim without a recognised Sharee’ah right or method is a major sin, Allaah (swt) says “O you who believe! Do not consume the property among yourselves wrongfully but let there be trade by mutual consent…” (an Nisaa’ 4:29) and Abu Hurayrah reported that Rasool Allaah (saw) said “…every Muslim is sacred [haraam] to another, his blood and his honour and his wealth…” (BUKHAARI, MUSLIM)
4) Copyright and patent are also prohibited because they are an attempt to make a profit without any liability. The one who purchases a book is sole owner of the book and he will now be liable for transactions relating to the book such as sale, leasing etc This prohibition of seeking a profit through that which is not in your charge and thus not liable for is in the words “…nor the profit arising from something which is not in ones charge…” and this occurs in the following hadeeth of Amr bin Shu’ayb who narrated from his father from his grandfather that Rasool Allaah (saw) said “The condition of a loan combined with a sale is not halaal, nor two conditions relating to one transaction, nor the profit arising from something which is not in ones charge nor selling what is not in your possession” (AHMAD, TIRMIDHI, IBN MAAJAH, ABU DAWOOD and NASAA’EE graded ‘saheeh’ by IBN KHUZAYMAH, AL HAAKIM and TIRMIDHI) So if the new owner of a book was to sell this book to another and there was a defect in that book such as missing pages, then the liability falls on the one who sold the book directly and so the copyright owner would not entertain any claims from the third party who was sold the book yet he wants to gain a profit from such transactions if any copying was involved. A clear violation of the prohibition of the Prophet (saw).
5) Copyright and Patent also is prohibited due to the fact that it is often a form of two conditions in one sale. For example, it is common to read two, three or more conditions attached to the purchase of one book, this may be expressed like ‘No part of this book may be reproduced, stored in a retrieval system or transmitted in any form or by any means: electronic, mechanical, photocopying, recording or otherwise without written permission of the publishers and copyright owners’ Sadly, the above prohibited copyright conditions are to be found in modern publications of Islaamic books. This is prohibited by the hadeeth “…nor two conditions relating to one transaction…” as occurs in the following hadeeth, Amr bin Shu’ayb narrated from his father from his grandfather that Rasool Allaah (saw) said “The condition of a loan combined with a sale is not halaal, nor two conditions relating to one transaction, nor the profit arising from something which is not in ones charge nor selling what is not in your possession” (AHMAD, TIRMIDHI, IBN MAAJAH, ABU DAWOOD and NASAA’EE graded ‘saheeh’ by IBN KHUZAYMAH, AL HAAKIM and TIRMIDHI)
6) Copyright is a creation of a monopoly and that is haraam. The Islaamic Economic system opens up the market so that consumers have choice and that more people have the opportunity to produce. This creates investment, wealth and choice in the society and economic growth; it benefits the consumer and the producer through diversity, expansion or the choice to select small businesses. Copyright and patent have become tools in the economic and political control of the impoverished masses due to the covert and ‘legalized’ usurpation of a small oligarchy of criminal corporations.
Copyright and patent are also a tool of hoarding goods to rise prices. If we look to the result of maintaining a monopoly of production, the result is that supply is limited and thus price rises. In addition a monopoly can fix a price. A pharmaceutical company will prevent access to necessary medicine as they will not allow another to produce although they possess the knowledge Allaah has bestowed on them, the cabal of pharmaceutical companies will not allow access except at their high prices. Thus the pharmaceutical companies hoard medicines that people need due to the desire to maintain an excessive profit margin. Any type of hoarding is severely prohibited in Islaam and copyright and patent is one of the tools of hoarding. It is reported by Ma’mar bin A’bdullah that Nabi (saw) said “None withholds [monoplises] goods until the price rises except a sinner” (MUSLIM) and “He who brings goods to the market is blessed with bounty but he who withholds them is cursed” (IBN MAAJAH, AL HAAKIM) and Mua’dh reported that Rasool Allaah (saw) said “Bad is he who monopolizes [hoards]. If Allaah makes commodities cheap he becomes aggrieved and if He makes them expensive, he becomes pleased” (BAYHAQI, RAZEEN)
7) Copyright and Patent and other means of monopoly are a means of great exploitation for the people such as exorbitant prices and prevention of needs. We take the example of pharmaceutical companies who prohibit the others from producing drugs which people need to preserve their health and life. Millions of people die and suffer due to this evil system of monopoly and price fixing. It is reported by Anas that when the people asked Rasool Allaah (saw) to fix the prices he said “Allaah (swt) is the One Who fixes prices, Who withholds, Who gives lavishly and Who provides and I hope that when I meet Him none of you will have a claim against me for any injustice with regard to blood or property.” (AHMAD, ABU DAWOOD, TIRMIDHI, IBN MAAJAH, AD DARI & ABU YA’LA) This hadeeth also mentions the prohibition of price fixing and monopoly caused by copyright and patent is one the tools that leads to price-fixing.
8) Copyright and patent are an unlawful condition of contract. The one who possesses the copyright or patent tries to enforce a condition of contract to the nature of ‘if you buy this transmission of knowledge which Allaah gave me then you can not copy it or I will take you to court’ or ‘to copy this then you must seek my permission, even though you have purchased it and it is yours’ Such conditions are haraam because a condition can not be made which contradicts right of disposal and freedom production, a total contradiction of Islaamic principles of freedom of the market, natural competition and natural forces of market to drive prices. Thus any condition which is not based upon ayaat or ahadeeth or derived principles is invalid and unlawful. Aishah reported that Nabi (saw) said “…What is the matter with men who make conditions which are not in the Book of Allaah a’zza wa jall. Every condition not in the Book of Allaah is invalid (baatil), even if it is one hundred conditions…” (BUKHAARI [Eng/Arabic vol.1 no.446 vol.3 no.364, 377, 735, 737, 889, 893], MUSLIM) and A’mru ibn A’wf al Muzani reported that Nabi (saw) said “…Muslims must keep to their conditions they have made except for a condition which makes something haraam which is halaal or which makes something halaal which is haraam” (TIRMIDHI and he said ‘saheeh’ but others differed, IBN HIBBAAN graded a similar version from Abu Hurayrah as ‘saheeh’)
9) Copyright is an imitation of the kuffaar. Abdullah ibn U’mar report that Nabi (saw) said “Whoever imitates a people then he is one of them” (AHMAD, ABU DAWOOD) Islaam is complete and it has detailed rules of economic transactions and the legitimate means of acquiring wealth. Monopoly, Price fixing and copyright is not one of them, rather such things have been clearly prohibited and contradict Islaamic economic principles and objectives. The Muslims of the past had inventions and discoveries of the tangible and intellectual type, but these works were not copyrighted. Rather the Muslim world only started to adopt this due to the influence of the disbelievers and colonisation and ignorance of Islaamic economics and invasion of kufr economic transactions, we can liken it to the existent of insurance, interest and banking that now enslaves the Muslim world. The false statement of modernist ‘scholars’ claiming that copyright and patent have come about due to ‘new circumstances where the concept of intellectual property is a result of technological advancement’ is totally rejected by the fact of Muslim scientific discovery and applications as well as a long history of Muslim authorship in various fields. Even, if their false claim were true it would not justify the invention of new laws as the Sharee’ah is complete. Islaam came to improve the situation of mankind not extend the gap between the economic elites and the slave driven masses, nor to hinder knowledge and development.
10) Copyright is also a bida’, it is an innovation. It is not of the Sunnah nor of the ways of the salafus saalih. We see those who claim to follow the salaf fill their books with this kufr law and exploitation and greed of copyright, trying to make money and punish those who spread knowledge. This is a big rebellion against the true salaf. The salaf and classical scholars made great efforts to study and propagate knowledge even if it meant much loss of wealth. As for people today they make money from the propagation of necessary knowledge and also hinder others from knowledge and development which is not the possession of individuals but a mercy from Allaah. With regards to every aspect of life, whether prayer, fasting, marriage or economic transactions the good exists in following the example of the sunnah whereas innovations away from the method of the sunnah lead to destruction in both worlds, It is reported by that Aishah Nabi (saw) said “Whoever introduces into this affair of ours that which is not of it then it is rejected.” (BUKHAARI, MUSLIM) and Jaabir reported that Nabi (saw) said “…The best speech is the Book of Allaah and the best guidance is the guidance of Muhammad. The worst of affairs are the newly invented matters (muhdthatuha) and every bida’ is dalaalah.” (MUSLIM, IBN MAAJAH) I’rbaad ibn Sareeyah reported that Nabi (saw) said “…so you must take hold of my sunnah and the sunnah of the khulafaa raashideen [right acting] mahdiyeen [rightly guided]. Bite onto it with the molar teeth. Beware of newly introduced matters, for every newly introduced matter is a bida’ and every bida’ is dalaalah and every dalaalah is in the Fire.” (TIRMIDHI who said ‘Hasan Saheeh’) and in another version “…Beware of newly introduced matters [muhdathaat], for every newly introduced matter is a bida’ and every bida’ is dalaalah.” (ABU DAWOOD kitaabus Sunnah [vol.1 no.4590] IBN MAAJAH [vol.1 no.42])
11) Copyright is a lie and oppression against the original classical scholars. A great evil is that the original progressive actions of the classical scholars have been hijacked and blocked by profiteers. Classical scholars wrote their books for the sake of Allaah (swt) and they made their books available for the public. Now greed ridden ignorant people re-produce those classical books and put copyright on them. This contradicts the intentions and objectives of the authors and it is a disgrace to abuse their works in this way. The hadeeth of Abu Hurayrah says that Nabi (saw) said “When a person dies his deeds cease except for three - continuous sadaqah, knowledge from which the people benefit and a righteous child who prays for him” (MUSLIM, DARIMI and similar from Abu Qataadah in IBN MAAJAH & IBN HIBBAAN) So the deceased scholar would hope for reward but the publisher now wants to punish people who convey that knowledge. We can also mention about any sphere of knowledge, whether chemistry, medicine, engineering etc. Islaam produced experts in all of these fields and the tawheed of the Muslims prevented them from creating monopolies and tying down knowledge to ability to pay and economic gain. Today people are materialistic and shirk minded, so they fail to attach Islaamic beliefs and laws to their affairs.
12) Copyright is a recognition of kufr law (such as the ‘Copyright, Designs and Patent Act 1988’ in the UK, whose origins include the Royal Charter of Queen Mary I [Tudor] which in 1557 limited the right of printing and selling books to the Stationer’s Guild, thus creating a monopoly) and leads to shirk. Copyright is being applied through the kufr civil law and thus it is a recognition of man-made law and would take a person into shirk. How will they seek their compensation if someone copies their publication? They will go to where that law exists i.e. the kufr law, and then they would go to the court of man-made law and go to the judge who is effectively a taaghoot. “Have you seen those who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go to judgement to the taaghoot while they have been commanded to reject them. But Shaytaan wishes to lead them far astray.” (an Nisaa’ 4:60) The copying and distribution of books of knowledge is a ma’roof [good in sight of Sharee’ah] but laws such as copyright make it prohibited, there are then fake scholars who declare copyright to be ‘halaal’ and declare copying books which carry a copyright to be ‘haraam’ that is bordering on major kufr, Allaah (swt) says “And say not that concerning that which your tongues put forward falsely ‘This is halaal and this is haraam’ So as to invent lies against Allaah. Verily those who invent lies against Allaah will never prosper” (an Nahl 16:116)
The Harmful Effects of Copyright and Patent Laws in Economy and Wider Society are many and include the following:-
1) Restriction of Knowledge
2) Concentration of Wealth and Prevention of Wealth Distribution
3) Creation of Monopoly which prevents existence of small businesses
4) Extension of gap between rich and poor
5) Regionalised concentration of wealth even in areas where the produce of the monopoly can not reach or can not be afforded
6) Usurious usurpation of wealth as monopolising corporations take further wealth from those who have already purchased the products.
7) Deterrent to development and material innovation
8) Fall in quality of products due to lack of competition
9) Rise in prices due to lack of competition
10) Spreading of sins due to lack of free distribution of knowledge
11) Increase of crime and theft due to inaccessibility to necessities.
12) Exploitation of the consumer due to dependence on a singular producer
In conclusion, patent and copyright are not part of the Islaamic system nor part of the Islaamic heritage of discovery, material progress, knowledge and scholarship and any misguided fataawa supporting them are to be rejected as non-Islaamic opinions. They are a contradiction of clear Islaamic laws and prohibited from many different ayaat and ahadeeth due to their various prohibited characteristics and consequences. They oppose both aspects of belief and of ahkaam. It was not a part of Muslim history until the influence of colonialism that is the invasion of the Muslim world with the enemies of Islaam who eventually replaced the Islaamic education, economic, judicial and ruling systems with their own secular-materialist systems. The Muslim world is now dominated by secular law and taaghoot regimes and that includes their economic systems which keep wealth concentrated in a few hands of oppressors and assist the imperialist enemies of Islaam in usurping the wealth of Muslim lands while keeping their populations in slave labour and in dire need of basic necessities. Those scholars who justify copyright and patent are very ignorant of Islaamic rules of transactions and are ignorant of general Islaamic economic objectives, they should be corrected in their opinions with the evidences we have provided. Authors and inventors in the Muslim world should understand that they will not assist in the progress of the Muslim world by continuing the same restrictive and enslaving conditions that the enemies of Islaam have propagated throughout the Muslim world. In addition to this they are committing haraam and rebelling against the sunnah. We ask Allaah (swt) to guide the ummah to a better understanding of Islaam in general and the laws and principles of the Islaamic economic system in particular. Al Hamdulillaahi Rabbil A’lameen.
ReplyMalaikah
07-18-2007, 04:10 AM
:sl:
I read part of it. Not all. I disagree with most of it so far. And do you have a source for it?
Those weak scholars who give invalid fataawa have a very limited knowledge of the Islaamic economic system and thus they are totally oblivious to continuous rights of the purchaser in Islaam.
I doubt it.
Even if we assume it is haram, it is still illegal. And it is haram to break the law of the country you live in! Or do you disagree with that too?
By the way, if copyright has "not part of the Islaamic system nor part of the Islaamic heritage of discovery, material progress, knowledge and scholarship and any misguided fataawa supporting them are to be rejected as non-Islaamic opinions", then why would you gain your knowledge from people who obviously think copyright is halal, since they have placed copyright on their material?
Malaikah
07-19-2007, 02:26 AM
:sl:
Too be honest, it sounds like someone was determined to believe copyright was haram, and then looked for any verse and hadith that somehow supported the idea, rather than coming to a conclusion based on the evidence. And without a source the article is baseless.
I also tend to be wary of anything that makes claims as overwhelmingly offensive as "Those scholars who justify copyright and patent are very ignorant of Islaamic rules of transactions and are ignorant of general Islaamic economic objectives, they should be corrected in their opinions with the evidences we have provided" when they didn't have explicit proof themselves to prove their point.
Also how can a scholar be ignorant? The prerequisite of being a scholar is knowledge!
Replyilm.seeker
07-19-2007, 03:52 AM
I agree with Sister Malaikah.
I tried to purchase juz amma, but the parcel didn't reach me, and meanwhile I downloaded from internet and listened to..But some how, my inner concious always questioning my acts.
I downloaded many lecrures from kalamullah.com, but I feel I am infringing on the rights of the others.
May Alah guide us to the truth.
--------------------------------------------- below is from Islamqa.com ----------------------------------------------
Question:
We copy religious tapes and give them away for free or sell them very cheaply in order to distribute them more widely, but the tapes are protected by copyright, and our aim is to spread knowledge and da’wah.
Similarly with CDs, it may be difficult and expensive to get hold of original copies. And the purpose of what we do is to spread knowledge.
Answer:
Praise be to Allaah.
Copyright or the rights of authors, inventors and producers, and other financial and moral rights, belong to the owners of these works and it is not permissible to transgress against them or undermine them without the permission of their owners. That includes tapes, CDs and books.
Reference may be made concerning that to what was written by Shaykh Bakr ibn ‘Abd-Allaah Abu Zayd (may Allaah preserve him) about copyright in his book Fiqh al-Nawaazil, 2/101-187.
The Standing Committee was asked: Is it permissible for me to record (a copy of) a tape and sell it without asking permission from its author, or from the publisher if the author is no longer alive? Is it permissible to make many copies of a book and sell them? Is it permissible to make a copy of a book and not sell it, rather keep it for myself, if it is marked copyright; do I have to ask for permission or not?
They replied: There is nothing wrong with making copies of useful tapes and selling them, or making copies of books and selling them, because that is helping to spread knowledge, unless their authors have stated that this is not allowed, in which case their permission must be sought.
End quote from Fataawa al-Lajnah al-Daa’imah, 13/187
The Committee was also asked: I work in the field of computers, and since I started working I have been making copies of programs to work with them. I have been doing that without purchasing an original copy of these programs, knowing that these programs carry warnings against making copies and their copyright is protected, like the phrase “all rights reserved” which appears on some books. The author of the program may be a Muslim or a kaafir. My question is: is it permissible to make copies in this manner or not?
They replied: It is not permissible to make copies of programs whose authors have forbidden the making of copies without their permission, because the Prophet (peace and blessings of Allaah be upon him) said: “The Muslims are bound by their conditions.” And he (peace and blessings of Allaah be upon him) said: “Whoever reaches a persmittible thing first has more right to it.” It does not matter whether the author of the program is a Muslim or a kaafir who is not in a state of war with Islam, because the rights of a kaafir who is not in a state of war with Islam are to be respected like the rights of a Muslim.
End quote from Fataawa al-Lajnah al-Daa’imah, 13/188.
There is also a statement from the Islamic Fiqh Council concerning intellectual property rights in which it says:
Firstly:
Trade names, trademarks, copyright and patents are all rights which belong exclusively to their owners. In modern times they have come to have a considerable financial value. These rights are recognized according to sharee’ah, and they should not be violated.
…
Thirdly:
Copyright and patents are protected by sharee’ah. Their owners have the right to buy or sell them and nobody has the right to violate these rights.
Undoubtedly the authors of these tapes and CDs have expended time, effort and money to produce them, and there is nothing in sharee’ah to indicate that they should not take the profits that result from this work. The one who transgresses against their rights is wronging them and consuming their wealth unlawfully.
If it is permissible to transgress against these rights, then these companies would stop producing these things, because it beings no returns. Their employees would have no motive to work, and undoubtedly stopping this work would result in a great deal of good being withheld from people. So it is appropriate that the scholars have stated that it is haraam to transgress against these rights.
This is the basic ruling, but in some cases it may be permissible to make copies without the author’s permission. That applies in two cases:
1 – If something is not available in the marketplace, if there is a need for it and it is charitable distribution, not for sale or for making a profit.
2 – If there is a great need for it and its authors are asking for more than its price, and they have already made enough money to cover the cost of producing this program with a reasonable profit – which is to be decided by people of experience. In that case, if it serves the interests of the Muslims, it is permissible to copy it, so as to ward off harm. But that is subject to the condition that it not be sold for personal gain.
And Allaah is the Source of strength.
You can contact the companies which produced the material and tell them of the charitable purpose behind it and ask them for permission to make copies, or give them an appropriate price.
And Allaah knows best.
Islam Q&A
Replyilm.seeker
07-19-2007, 02:17 PM
Salam,
I agree with you brother, but not many , only few, as for audio I keep only links mostly. Even in books, only few if you observe carefully. and that too many of these are already permitted to put on web.
But still I accept your comment brother.
As I said in my prev post, I am in dilema about this and insha Allah i will remove.
But one thing brother,
- one side of the issue is - commiting sin in ignorance and accepting it when the knowledge comes
- But other serious issue is that, person does the sin and thinks that he is doing the right thing with false reasoning
Brother, i do not want to offend you anyway.
May Allah guide us to the right path.Ameen.
Allahu Alam
AbdurRahman Meda
ReplyAbu Rago
07-19-2007, 10:21 PM
format_quote Originally Posted by
Malaikah
:sl:
I read part of it. Not all. I disagree with most of it so far. And do you have a source for it?
I doubt it.
Even if we assume it is haram, it is still illegal. And it is haram to break the law of the country you live in! Or do you disagree with that too?
By the way, if copyright has "not part of the Islaamic system nor part of the Islaamic heritage of discovery, material progress, knowledge and scholarship and any misguided fataawa supporting them are to be rejected as non-Islaamic opinions", then why would you gain your knowledge from people who obviously think copyright is halal, since they have placed copyright on their material?
:w:
I believe a brother from islamicthinkers wrote it.
Copyright isn't really illegal anyway, if it was everyone who downloaded music or vids from progams like napster, ares, limewire etc would be comitting a crime and be punished for it.
I do not gain knowledge from people who think copyright is haram, As we have checked and spoken to shayookh first hand who do not actually mind us passing their lectures around e.g. we have spoken to Imam Anwar Al-Awlaki, Sheikh Murtaza Khan, and by the sounds of this post By Muhammad Al-Shareef he doesn't mind either:
format_quote Originally Posted by Muhammad Alshareef
If you find a lecture online of mine that is not produced by EmanRush, then you can probably download and distribute it.
the ones that you mentioned:
from my side, we don't have intention of producing them with EmanRush, so go for it.
For your information, some of those lectures I don't wish to produce with EmanRush cause they are not my 'best' lectures. Sometimes, I just give a normal halaqah at a masjid and then someone without my knowledge posts it up on the internet.
I don't mind, but i don't advertise those lectures because I think less lectures, but with quality, are better then a LOT of lectures with diminishing quality.
Personally, sometimes when I hear a lecture I think 'why did they record and produce this?' I think lectures, if they are going to be produced and distributed, they ahve to be done with ihsaan.
wAllahu 'alam.
Anyways may Allah bless your event with success and tawfeeq.
From
http://forums.almaghrib.org/showpost...58&postcount=2
So its not the Sheikhs who have a problem but its the media companies who are making money from knowledge.
I'm quite suprised thats what Sheikh Tawfeeq said, Can you ask him to bring one single example from hadith where it is mentioned that copyright is haram, or even an example from a classical scholar in where he says people cannot sell or give his books away for free without his permission.
At the end of the day, this is spreading knowledge that is vital to the ummah, and people selling lectures for £60, $80 a series is a joke. How do they expect youth who can only probably afford one series a year to gain such ilm that is so badly need?!
:w:
ReplyMalaikah
07-20-2007, 01:34 AM
format_quote Originally Posted by
Julaybib
Copyright isn't really illegal anyway, if it was everyone who downloaded music or vids from progams like napster, ares, limewire etc would be comitting a crime and be punished for it.
:sl:
That is not true. If I remember correctly, Napster was closed down- or at least one of those peer2peer programs was. Also, it is still illegal.
I do not gain knowledge from people who think copyright is haram,
That would be the majority of scholars then.:uuh:
As we have checked and spoken to shayookh first hand who do not actually mind us passing their lectures around e.g. we have spoken to Imam Anwar Al-Awlaki, Sheikh Murtaza Khan,
That is good. You should mention you have permission on your website too!
and by the sounds of this post By Muhammad Al-Shareef he doesn't mind either:
He does mind- he said we can download only his
non-EmanRush lectures. The EmanRush ones are copyright, but the others are not.
So its not the Sheikhs who have a problem but its the media companies who are making money from knowledge.
No, I really doubt that.
I'm quite suprised thats what Sheikh Tawfeeq said, Can you ask him to bring one single example from hadith where it is mentioned that copyright is haram, or even an example from a classical scholar in where he says people cannot sell or give his books away for free without his permission.
I doubt that copy right existed in the days of the Prophet, so there is no way there would be a hadith saying "copy right is halal". He mentioned that the
vast majority of scholars said it was permissible. Check the fatwa posted from the islam-qa website for the proof.
At the end of the day, this is spreading knowledge that is vital to the ummah, and people selling lectures for £60, $80 a series is a joke. How do they expect youth who can only probably afford one series a year to gain such ilm that is so badly need?!
$80 for a long series is not a joke. They put a lot of effort into their work, you know. It costs money.
Lectures aren't the only place to get knowledge, we can read the Quran and other books. Plus there are non-copyright lectures out there too!
In my opinion, it is better to get the material the hard way, by paying for it, and end up with less material, but have barakah in it inshaallah, than get it the haram way and have no barakah in it what so ever.
:peace:
ReplyAbu Rago
07-20-2007, 02:47 AM
:sl:
That would be the majority of scholars then
Really?, Can you name me some scholars who say copyright is haram and bring me their proofs from Quran and Sunnah. And as for the one and only proof most people bring from islamqa.com; the Sheikh does not even bring one hadith or ayah So can you bring someone besides Sheikh Munajjid and some daleel? (no disrespect to the Sheikh, I love him for the sake of Allah)
I doubt that copy right existed in the days of the Prophet, so there is no way there would be a hadith saying "copy right is halal
Thats the answer to your questions right there, such a contact did not exist, so how can you then say it is haram? how can such a transaction be prohibited if it did not exist?, not only that but has there ever been a case in the time of the prophet salallahu alahi wasallam where someone made a condition on a purcahse saying, "you can only buy this product from me if you never sell it to anyone or give it away freely". If this kind of transaction is void how can you say copyright has a place in Islaam?
The only thing you can really say is to abide by the law of the land, other than that I think you should be careful when something is prohibited in Islaam when there is nothing clear cut to say so.
In my opinion, it is better to get the material the hard way, by paying for it, and end up with less material, but have barakah in it inshaallah, than get it the haram way and have no barakah in it what so ever.
In your opinion? who are you to say that when people download lectures and gain knowledge of the deen have no barakah? No Barakah for trying to learn the deen of Allah and to get closer to Allah? thats a first.
:w:
Malaikah
07-20-2007, 03:33 AM
:sl:
Julaybib, what are you talking about? You are the one saying copy right is haram, not me!
You seriously lost me, Sheikh Tawfique Chowdhury explicitly stated that the vast majority of scholars ruled that copyrighting ones work is permissible in Islam and that it is therefore haram to breach the copyright. He also mentioned that this was supported by a fatwa by the World Fiqh Council. If you don't know who they are, they are a group of some
200 scholars from across the Muslim world how debate about modern issues and come to a collective conclusion and issue fatwas accordingly.
So obviously, I am not speaking by my own worlds, I am only repeating the ruling of the vast majority of current scholars.
The only thing you can really say is to abide by the law of the land, other than that I think you should be careful when something is prohibited in Islaam when there is nothing clear cut to say so.
Exactly. You should be very careful when posting so called fatwas that make a mockery of the majority of the worlds scholars.
As for my saying that there is no barakah in it, then that is because it was obtained by haram means, so how can there be barakah in haram? As far as I know there is not barakah gained by doing something good by haram means.
I will ask the shaykh for the evidence behind the ruling inshaallah.
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