Document Type : Original Article
Authors
1
Assistant Professor, Department of Law and Comparative Jurisprudence, University of Religions and Denominations, Qom, Iran
2
PhD Student, Jurisprudence and Foundations of Law, Faculty of Theology and Islamic Studies, University of Qom, Qom, Iran
3
PhD Graduate, Islamic Jurisprudence, Faculty of Islamic Jurisprudence, University of Religions and Denominations, Qom, Iran
10.22034/ils.2024.19397.1121
Abstract
Intellectual property rights (IPR) is a legal term referring to the rights granted to creators of intellectual works, such as scientific and cultural works. This research, employing a descriptive and analytical approach, aims to answer the fundamental question: What is the perspective of Islamic jurisprudence on intellectual property rights? The authors have examined this topic from both Shia and Sunni Islamic jurisprudence perspectives.
Within Shia jurisprudence, while some scholars oppose intellectual property rights, the majority support them, citing principles such as the principle of no harm, the principle of ownership, custom, reason, the principle of maintaining the social order, prior rights, and the rights of people. Sunni scholars also have divergent views on this matter. Opponents argue against intellectual property rights, citing the sanctity of knowledge and the prohibition of concealing knowledge. However, these arguments are considered incomplete. Consequently, most Sunni scholars support intellectual property rights, believing that benefits can be considered property and that the issue of intellectual property should be examined from a property perspective to clarify its dimensions and aspects. Each Sunni school of thought has its own definition of property and has enumerated specific characteristics for something to be considered property. According to Sunni jurisprudence, there is a public interest in protecting intellectual property rights that benefits all societies.
This public interest lies in the value of intellectual works, which have a significant impact on various aspects of life.
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