An Islamic Perspective on the Theories of Intellectual Property

Elmahjub, Ezieddin

doi:10.1007/978-3-319-15913-3_5

Cited by 3 publications

(5 citation statements)

References 18 publications

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“…Prophet Muhammad (pbuh) also said, He who is asked about knowledge and conceals it, will be bridled with fire on the Day of Resurrection". These teachings of Prophet Muhammad (pbuh) shows that the act of hoarding knowledge is sin and the culture of sharing should be adopted by everyone if they want to meet a path of mercy and tranquility in Islam (Dindang, Mamarinta, & Mababaya, 2005).…”

Section: Relationship Of Intellectual Property To Informal Religious Servicesmentioning

confidence: 99%

Sustaining Innovative Informal Education Through Intellectual Property

Wahid

Ismail

Mat

et al. 2019

UUM Journal of Legal Studies

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Various technological innovations in ICT have brought about profound changes in major aspects of education, namely the content delivery or pedagogy, and the structure or management of both formal and informal education. Current technology has also offered the ease of copying or reusing new innovation without the need to acknowledge or compensate the creators. New books, and methods or techniques can easily be copied and digital resources may speedily be scanned and forwarded without much regard to the creators’ effort or investment. These actions would potentially discourage creations of new innovations that would be useful for public lifelong learning. Understanding cultural perspectives in the relationship between the intellectual property system and religious works is significant since it analyzes the intersection of belief and culture with the application of the law. This paper explored the development of creativity and innovation in an informal education setting, specifically looking at Quranic teaching offered by private enterprises in Malaysia as a case study. This paper examined (a) to what extent the Quranic teaching and learning have been innovatively developed and (b) to what extent developers of new innovation in Quranic teaching and learning deem it necessary to protect their creations under intellectual property rights protection. This study utilized qualitative research, by way of document analysis gathered from reports, brochures, journal articles, newspapers, the Internet, websites and mass media focusing on the creativity and innovation in informal religious education. It also conducted semi-structured interviews with several companies that used new innovative methods in teaching the Quran. The findings revealed that although intellectual property protection is seen as a valuable business asset which provides legal recognition and acts as quality control, intellectual property protection plays a minimal role in encouraging innovation or the spread of Quranic teaching.

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Section: Relationship Of Intellectual Property To Informal Religious Servicesmentioning

confidence: 99%

Sustaining Innovative Informal Education Through Intellectual Property

Wahid

Ismail

Mat

et al. 2019

UUM Journal of Legal Studies

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“…In Islam, economic and business activities are considered at par with any other forms of worship to Allah (swt) and people should therefore be prohibited from inflicting injury or causing harm while engaging in such dealings (Saeed et.al, 2001, Ahmad, 2010Elmahjub, 2015). In fact, commentators pointed out that throughout the Islamic literature and fatwas, misappropriation of IPRs property is judged to be Haram, that is, the highest degree of prohibition in Shariah which clearly shows that Islam basically backs up laws and regulations that prohibits any kind of violation against IPRs (El-Bialy and Gouda, 2011).…”

Section: 4islamic Perspective On Counterfeit Tradementioning

confidence: 99%

Malaysian Intellectual Property Law And Islamic Perspectives On Counterfeit Trade

Mohamed¹

2018

The European Proceedings of Social and Behavioural Sciences

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“…Currently, dominant IP systems would be acceptable only if they promote the public interest. Nevertheless, taking into consideration the fact that, all Islamic countries are developing ones, an assertion that "intellectual property laws have the society's interest at heart and accordingly should be accepted under the maslaha mursalah in Shari'a might be erroneous" (Elmahjub, 2015).…”

Section: The Problematic Aspects Of Ip In the Islamic Contextmentioning

confidence: 99%

“…To neutralise the adverse effects of the concentration of private powers, policymakers within Islamic states must intervene to prevent it. One essential mechanism for doing that is by implementing the principles of social and distributive justice (Elmahjub, 2015). There are myriad of principles procured from the sources and objectives of Islamic Shari'a that should be observed in constructing a normative framework for a Shari'a-based IP system.…”

Section: Economic Efficiency and Wealth Accumulation Is Only One Of The Objectives Of Islamicmentioning

confidence: 99%

“…Rather, Islamic Shari'a supports an IP system that recognises distributive justice concerns, carefully monitors the exclusive rights of the IP owner, allows for the wide dissemination of knowledge and cultural products and promotes modalities of knowledge and cultural production based on sharing and cooperation. Elmahjub (2015) asserts that the principles of Khilafah, non-concentration of wealth, social justice, and abuse of rights and dissemination of knowledge as regarded by Shari'a provides a normative framework to issue an IP system that is more suitable for the well-being of Muslim societies. Whereby, the integration of the principles of Shari'a to achieve these objectives has the potential to promote the overall development and social welfare as required by Islam.…”

Section: Economic Efficiency and Wealth Accumulation Is Only One Of The Objectives Of Islamicmentioning

confidence: 99%

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Framing an Islamic Vision of Intellectual Property: Maqasid - Based Approach

Bayoumi

Rosman

2018

UMRAN

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The Islamic scholarship on Intellectual Property (IP) has extensively investigated its affinity to Shari’a upon a rule-based approach whereby a profound analogy and reasoning eventually generated a Fiqh rule that embraced the concept. However, a lingering discrepancy vis-à-vis the philosophical underpinning is hardly addressed. This paper undertakes an approach based on Maqasid al-Shari’a (objectives of Shari’a) to explore that underpinning as it pertains to the three key elements in the making of IP, namely, creativity, property, and policy. The major premise of the paper is that the current IP framework failed to fulfil the needs and aspirations of the Islamic countries. While its underlying objective emphasizes a strong utilitarian approach that contradicts in many ways the Islamic Shari’a. Consequently, better outcomes can be reached by adopting a holistic approach that takes into consideration the practical implication of IP system according to the benefits and interest of Muslim’s societies. Whereby, IP should be comprehensively addressed according to the sources, objectives, and principles of Islamic Shari’a. These can be employed to evaluate the current application of IP and to identify the elements required in an IP system that is congruent with Islamic Shari’a. The comparative analysis of the fundamentals of the present international intellectual property system and the Islamic perspective indicated that the core aspects of IP concerning the concept of creativity and the scope of protection are delineated differently under the Islamic framework. Moreover, the policy and regulations as can be derived from the principles and Maqasid al-Shari’a have a great potential in promoting a robust Islamic IP system that is in line with Shari’a, the needs, and orientation of the society.

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An Islamic Perspective on the Theories of Intellectual Property

Cited by 3 publications

References 18 publications

Sustaining Innovative Informal Education Through Intellectual Property

Sustaining Innovative Informal Education Through Intellectual Property

Malaysian Intellectual Property Law And Islamic Perspectives On Counterfeit Trade

Framing an Islamic Vision of Intellectual Property: Maqasid - Based Approach

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