This may seem very juvenile thread here on this forum but I really want to know what is the ruling for Software Piracy. This software piracy issue has gained very serious attention (thanks to Microsoft and Apple) in last decade or so. People say it is as if you have stolen something from someone who's not willing to give you the piece of program or service without a payment. I feel that's fair enough if the ask for a price for their product. In India many computers rum Windows OS probably pirated ones. And Russia has more than 95% of pirated windows licenses.
Again, I want to know the ruling for software piracy in Islam. Well about myself, I use Ubuntu OS (Linux) on my computer and many open source applications. I ceased using Windows on my computer because I don't want to support an unethical and monopolistic company (monopoly is not allowed in Islam) though its acts are monolithic and by the way Bill Gates is a freemason.
This may seem very juvenile thread here on this forum but I really want to know what is the ruling for Software Piracy. This software piracy issue has gained very serious attention (thanks to Microsoft and Apple) in last decade or so. People say it is as if you have stolen something from someone who's not willing to give you the piece of program or service without a payment. I feel that's fair enough if the ask for a price for their product. In India many computers rum Windows OS probably pirated ones. And Russia has more than 95% of pirated windows licenses.
Again, I want to know the ruling for software piracy in Islam. Well about myself, I use Ubuntu OS (Linux) on my computer and many open source applications. I ceased using Windows on my computer because I don't want to support an unethical and monopolistic company (monopoly is not allowed in Islam) though its acts are monolithic and by the way Bill Gates is a freemason.
Asalaamu Alaikum Wr Wb, the following are fatwa regarding copyrights:
Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
Recording computer programs videos or others is forbidden unless permitted by their owner. Here is the Fatwa of the permanent council of Fatwa in Saudi Arabia:
"It is unlawful to make copies of programs whose rights are reserved to their owners except with the permission of these owners. The Prophet said: "Muslims are bound by the conditions they set amongst themselves". [Al Hakeem]
The Prophet also said: "Nobody is permitted to take the property of a Muslim unless the Muslim permits him voluntarily to do so". [Al Daraqutny].
The Prophet also said: "Whoever takes hold of a lawful thing before others, he has more right to possess it than others" [Abu Dawood].
So, it is forbidden to copy these programs without the permission of their owners regardless of their being Muslims or non-Muslims.
So, if the owner of these programs forbids only public copying and allows private one, the person can copy the program for private use as stipulated.
But if he forbids both public and private copying it becomes then absolutely forbidden to copy these programs.
Some companies put a sign meaning, "I swear not to abuse your program or use an unauthorized copy of it". So, if the person does not comply with his oath that is a major sin which could lead one to being thrown in Hell-fire.
Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
There is disagreement among contemporary Muslim scholars concerning copying CDs that whose rights are reserved by their owners.
First, some scholars do not legalize copying CDs. And this is the opinion of the permanent committee for Fatwa in Saudi Arabia. Their answer is as follows:
'It is not permissible to copy these CDs without permission of owners. The Prophet (Sallallahu Alaihi wa Sallam) said: "Muslims are required to honor conditions that they have agreed upon" . Abu Dawood and al-Saiyouti regards this Hadith as sound.
Another Hadith reads: "A Muslim's property does not become Halal without his consent" [ al-Tirmizi who said good and sound].
A third Hadith reads: "Whoever antecedes (others) to something Halal, he becomes more entitled to possess it" [ Abu Dawood , al-Maqdisi regards it sound].
There is no difference on this ruling whether an owner is a Muslim or non-Muslim.
If the owner states that copying for benefit is not allowed, this means it is permitted to have some special copy for private use. But, if he does not give any permission, then it is Haram to copy by any means and ways.
Second, some scholars believe that it is Halal to copy these CDs as long as for private (not trade) use, especially for students who need these CDs and do not find the original copy or even the money to buy them.
However, the safest position for a Muslim is to avoid buying or using copied CDs, nor to copy them.
If it becomes difficult to find the original copies, then there is no harm to buy copied ones, provided that does not lead one to vow falsely.
Allah knows best.
Whoever has used these programs is obliged to repent to Allaah and seek forgiveness from their owners either verbally [face to face], or by telephone, or e-mail, or by any other means of communication. If they do not accept to let him have those programs free of charge, he should recompense them financially according to the price of those programs.
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