Some contemporary scholars do not approve the concept of “intellectual property”. According to them, the concept of ownership in Shariah is confined to the tangible objects only. They contend that there is no precedent in the Holy Qur’an, in Sunnah or in the juristic views of the Muslim jurists where an intangible object has been subjected to private ownership or to sale and purchase.

 

They further argue that “knowledge” in Islam is not the property of an individual, nor can he prevent others from acquiring knowledge, whereas the concept of “intellectual property” leads to monopoly of some individuals over knowledge, which can never be accepted by Islam.

On the other hand, some contemporary scholars take the concept of “intellectual property” as acceptable in Shariah.

 

They say that there is no express provision in the Qur’an or in the Sunnah which restricts the ownership to the tangible objects only.

 

Both of these views have their own arguments. I have analyzed the arguments of both sides in my Arabic treatise “Bai-ul-Huqooq” and have preferred the second view over the first, meaning thereby that a book can be registered under the Copyright Act, and the right of its publication can also be transferred to some other person for a monetary consideration (This fatwa was based on an article written by Mufti Taqy Usmani:

https://www.albalagh.net/qa/copyright.shtml

 

Almighty Allah knows best.