International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

Basis of Intellectual Property Protection in Islam and Its Legal Effects
Dr. Yahya A. Muhammad, Muhammad Shettima, Dr. A. S. Hassan

Both in analogy (fiqh) and related Islamic legal literature on property here is no specific mention of the term "Intellectual Property". Nevertheless, an analysis of the definitions and classifications of property under principles of Islamic law reveals that the concept of intellectual property is not alien to Islamic law of property; rather it is an integral part of it. General principles extracted from the sources of Islamic law and outlined by Muslim jurists have squarely encompassed it as a usufruct (manãfi') property, which is recognized as object of right (haqq) that could be exclusive only to the individual that has right over it. That means all transactions related to intellectual property in terms of assignment and licensing are valid provided the general principles of contract in Islam are met. Copyrights and patent can be dealt in the same manner. For on a trademark to be lawful however, the mark must move to the other party along with the quality it represents or the good will so that misrepresentation and uncertainty are avoided.

Full Text: PDF