Intellectual Property Rights for Software in Islamic Jurisprudence

  This research addresses the topic of intellectual property rights for electronic software from the perspective of Islamic jurisprudence, seeking to analyze the opinions of contemporary scholars and Islamic jurisprudential institutions regarding this modern issue. The study aims to elucidate the Islamic legal ruling on the protection of electronic software and computer applications, while examining scholars' perspectives on matters of copying, piracy, and unauthorized use of software programs. The research presents the Islamic legal evidence upon which jurists have based their rulings, and the challenges facing the implementation of these rulings in contemporary reality, with emphasis on balancing creators' rights with public interest. The significance of this topic lies in its treatment of an important contemporary issue, as the Islamic community deals daily with electronic programs and applications, necessitating knowledge of the Islamic legal ruling for proper engagement with them. The research reveals the extent of compatibility between intellectual property rights systems in positive law with Islamic Sharia, and demonstrates the challenges facing jurists in formulating rulings that harmonize with those positive laws while not contradicting established Islamic legal texts. The study presents a comprehensive and unified perspective on the subject, avoiding repetition and selecting the most comprehensive, accurate, and objective opinions that align with our contemporary reality  

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Publication Details

Journal
Anbar university Journal for Islamic Sciences
Published
2025-12-01
DOI
https://doi.org/10.34278/aujis.2025.190005
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
0.00

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article

Intellectual Property Rights for Software in Islamic Jurisprudence

Omar Alfaruq Younus Mohamed -
Anbar university Journal for Islamic Sciences
Islamic Finance and Banking Studies
article

Intellectual Property Rights for Software in Islamic Jurisprudence

Omar Alfaruq Younus Mohamed -
article en

Abstract

  This research addresses the topic of intellectual property rights for electronic software from the perspective of Islamic jurisprudence, seeking to analyze the opinions of contemporary scholars and Islamic jurisprudential institutions regarding this modern issue. The study aims to elucidate the Islamic legal ruling on the protection of electronic software and computer applications, while examining scholars' perspectives on matters of copying, piracy, and unauthorized use of software programs. The research presents the Islamic legal evidence upon which jurists have based their rulings, and the challenges facing the implementation of these rulings in contemporary reality, with emphasis on balancing creators' rights with public interest. The significance of this topic lies in its treatment of an important contemporary issue, as the Islamic community deals daily with electronic programs and applications, necessitating knowledge of the Islamic legal ruling for proper engagement with them. The research reveals the extent of compatibility between intellectual property rights systems in positive law with Islamic Sharia, and demonstrates the challenges facing jurists in formulating rulings that harmonize with those positive laws while not contradicting established Islamic legal texts. The study presents a comprehensive and unified perspective on the subject, avoiding repetition and selecting the most comprehensive, accurate, and objective opinions that align with our contemporary reality  

Anbar university Journal for Islamic SciencesVol. 16(4)
University of Mosul (IQ)
University of Oxford
Openalex Percentile: Top 48%
Islamic Finance and Banking Studies
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Intellectual Property Rights for Software in Islamic Jurisprudence — Omar Alfaruq Younus Mohamed - · Anbar university Journal for Islamic Sciences (2025) | TGRS Research Map | TGRS