Comparative study of intellectual property rights from the point of view of religious schools

Articles in Press

Document Type : Original Article

Authors

1 Assistant Professor, Department of Contemporary Law and Jurisprudence, University of Religions and Religions, Qom

2 Doctoral student of jurisprudence and fundamentals of law, Faculty of Theology and Islamic Studies, Qom State University

3 Doctorate in Jurisprudence, University of Religions and Religions

10.22034/ils.2024.19397.1121

Abstract

Intellectual property rights (intellectual rights) is a legal term that means the rights known to the creators of any intellectual and non-material works, including scientific and cultural works. The current research tries to answer this basic question with a descriptive and analytical method, what are intellectual property rights from the point of view of religious schools? The authors have examined the issue in two dimensions, Imami jurisprudence and Sunni jurisprudence. In Imami jurisprudence, some are against intellectual property, but most of the jurists are in favor of intellectual rights, based on rules such as: the rule of no harm and no harm; the rule of appeasement; custom; Intellect and intellectual structure; system maintenance base; the right to lessons; The rights of the people have taken hold. Sunni jurists also have two different views on this issue. For their arguments, the opponents have stated "sanctity of science" and "avoidance of hiding science", which are incomplete reasons. Most jurists agree. that interests are considered property and the issue of intellectual property should be examined from the perspective of property to clarify its dimensions and angles. Each of the Ahl al-Sunnah sects have described wealth in a different way and have listed some characteristics for it to be wealth. According to Sunni jurisprudence, the interests of the sender require it, there is a general interest in protecting intellectual property rights that goes back to all human societies.

Keywords

Main Subjects

Islamic Law Studies

Articles in Press, Accepted Manuscript
Available Online from 05 November 2024

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