Year: 2025
Type: article
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
Institution: University of Mosul
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
Funder: University of Oxford
OpenAlex ID: W4416833555
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