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FATWA
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THE INTERNATIONAL
LAW FIRM
SULAYMANIYAH
CENTER, TAHLIA STREET
P.O. BOX 22166, RIYADH 11495
SAUDI ARABIA
TELEPHONE (966-1) 462-8866
FASCIMILE (966-1) 462-9001
[Unofficial Translation]
in the Name of Allah, the Merciful, the Compassionable
Kingdom of Saudi Arabia
Presidency of Scientific Research and Ifta
Secretariat General of the Senior Ulema Board
Fatwa (Legal Opinion) No. 18453
dated 2.1.1417H (195.12960)
Thanks be to Allan and Peace and Blessings upon the Last of
the Prophets.
The Permanent Committee for Scientific Research and Ifta (Islamic
sharfa legal opinion) has reviewed the query received by the
Grand Mufti from legal advice seeker Mr. Majeed Abadi Mohammed
and referred to this Committee by the Secretariat General
of the Senior Ulema (scholars) Board under No. 2144, dated
8.5.1416H. The legal advice seeker has asked the following
question:
I have worked in the computer field for some time. Ever since
anteing this field, I have copied software for use without
buying original copies of the software. Taking into consideration
that said software does not contain any warnings against copying
stating that copyrights are reserved (similar to the copyright
received legend which appears in certain [printed] books)
and, taking into consideration that the software owner may
be a Muslim or an atheist, my question is: Am I allowed to
make copies as I have described?
Upon the Committees consideration of the query, the
Committee replied that if the owners do not allow such copying,
software may not be copied unless the owners permission
is obtained. [This conclusion is] based on the Prophets
(PBUH) hadeeth (saying) stating that Muslims [must]
transad business in accordance with their conditions
and A Muslims property does not become legally
permissible [to others] without his consent and Whoever
claims a permissible [property] is more entitled to it
whether the owner of the software is a Muslim or an atheist
not at war with Muslims, because the rights of the atheist
who is not at war with Muslims and rights of a Muslim are
respected equally [and without differentiation]. Allah knows
best.
Peace and Blessings upon our Prophet Mohammed, his family
and companions.
Permanent Committee for Scientific Research and Ifta.
Abdulaziz Abdullah ibn Baz (Chairman) Bakr Ibn Abdullah Abu
Zaid (Member)
Abdulazia Abdullah Mohammed Al Al-Sheikh (Vice Chairman) Saleh
Ibn Fawzan Al Fawzan (Member
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Looking out for a movie, I came across a little music shop. The shop
was jam packed with CDs and DVDs. I requested the shopkeeper
for a Hollywood flick. The flick was unavailable. The shopkeeper cited
copyrights reason for unavailability of that wanted flick.
Surprised by his words, way back home. Thoughts and questions raised
in my mind. If this film was safe from unscrupulous hands of video
pirates, then why cant other films be safeguarded? Safeguarded
From illegal reproduction and smuggling into Pakistan.
These pirated and smuggled film prints are neither censored nor carries
any warning. Widely and easily accessible in local markets. These
uncensored film prints are responsible for maneuvering our society
astray.
These malevolent video shop owners are earning handsome revenues,
through the courtesy of this illegal business. Most of the obscene
films are rented irrespective of age and caution. Customers of such
movies are basically people from age group youngsters. They regard
it as a source of pleasure, fun and pastime.
CDs and DVDs have given a free hand
to youngsters. They disguisethese obscene CDs as educational
CDs to their parents. This is done easily by changing flap of
the CD. Poor parents having little know how of computers assumes that
their kid had spent the whole night going through the books.
Quite a few days back, standing in a video shop. I heard some 14-year-old
boy. Requesting video shop owner in a shaky voice. Uncle I want that
film. The shop owner disappeared for a while. Then suddenly appeared
from his storeroom, with a film in his hand. This is that film, he
said. The word that film did not meant an ordinary film.
But these words are used when one is obtaining a third grade film.Obscenity
and vulgarity in third grade movies are excessively high. They are
crammed with orgasm. What would possibly be the impact of such films?
Consider that 14-year-old lad watching such a film. Obviously he will
grow up, but with him the level of obscenity and vulgarity will increase
as well. Thereby decaying his cultural heritage and moral fiber.
These uncensored pirated films are producing a nation of unhealthy,
uncultured, depressed and frustrated youth. They are intoxicating
the minds of youth and deterring them from education. They are a social
evil. A social evil rusting our cultural roots and social values.
Recently I did an oral communication presentation on pornography.
I was amazed to see that websites providing pornographic material
comprehensively outnumbers, number of websites providing adverse effects
of pornography. There exist millions of servers and websites from
where one can download every form of pornographic material. From voices,
pics, video clips to live sex via net.
Its difficult to control pornography through Internet, unless
parents become Internet literate. But the flow of pornographic material,
through pirated films can be controlled. By proper planning and co-ordination
between government and copyright firms.In regard to actions against
piracy. I would like to appreciate the work of Royal IPR Securities
(PVT) Ltd. This organization has been able to crack down effectively
on video pirates, through timely and successful raids.
Piracy is inflicting moral, social and financial loss to our nation.
Piracy can be eliminated if we respect copyright laws. If piracy is
eliminated pornography to some extent will die as well.
Awareness of copyright education among general public. Strengthening
copyright laws in Pakistan. Enforcement of copyright laws. Establishing
more copyright firms. Giving more powers to existing firms. Such steps
will immensely help in curbing the menace of piracy spreading pornography. |