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Fiqh & Law

Copyright in Islamic Law
Copyright in Islamic Law
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Details:  Copyright in Islamic Law : New,
*[A5] Glossy Paperback - 198 pages,
by Mohamed Ali Ahdash, Now in Stock & Despatching,
Published by The Islamic Texts Society, Cambridge, UK.
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Copyright in Islamic Law is the first work in English to discuss systematically the ideas of intellectual property and copyright from an Islamic perspective. In so doing, the author, Dr Mohamed Ahdash, adopts the discipline of usul al-fiqh (principles of Islamic jurisprudence) to see if key terms associated with one’s legal rights—such as the right to ownership (milkiyya), wealth (māl) and utility (manfa’a)—can be applied to copyright.


Dr Ahdash then seeks evidence for copyright in the primary sources of Islamic law—the Qur’ān and the Ḥadīth—before looking at how the secondary sources of analogy (qiyas), public interest (maslaha), custom (‘urf) and legal maxims (qawa’id fiqhiyya) can be applied to copyright. The result of this study is a framework wherein the concept of copyright is defined and understood according to Shari’a law. This gives a consistent approach from which specific legal rulings can be derived.


Copyright in Islamic Law is both a ground-breaking study in Shari’a law and a valuable contribution to the ongoing debates on copyright in general.



Dr Mohamed Ali Ahdash is a lawyer and an expert in Islamic law. This is his first translation.






Table of Contents :


---Acknowledgements,
---Abbreviations,
---Preface,
------Research Methodology,
------Notes on Translation,
------Notes to Preface.

Introduction,
---The General Characteristics of Copyright,
------Intangible in Essence, but Requiring Materiality,
------Defined as Property,
------A Personal Work,
------Exclusive and Easily Usable,
---Copyright as a Modern Form of the Traditional Method of Conveying Knowledge,
---A Summary of Prominent Modern Views on Copyright in Islamic Law,
-----Rejection of Copyright's Validity in Islamic Law
-----Recognition of Copyright's Validity in Islamic Law,
-----A Position of Neither Rejecting nor Endorsing Copyright's Validity in Islamic Law,
-----Notes to Introduction.

Chapter [1]. On Classification of Right In Islamic Law,
---Defining Right,
---Definition of Right with Reference to Exclusivity,
---Definition of Right with Reference to Interest,
---Definition of Right with Reference to Exclusivity and Interest,
---The Linguistic Approach,
---Classification of Rights in Islamic Law,
------Classification of Rights According to the Holder,
------Classification of Rights According to Their Subjects,
------Classification of Rights According to Financial Conditions,
------The Classification of Rights According to Status,
------Classification of Rights According to Enforceability,
------Classification of Rights According to Inheritability,
---Conclusion.
---Notes to Chapter 1.

Chapter [2]. Classification of Terms Related to Right,
---Ownership,
------Defining 'Ownership' and the Relationship to Copyright,
------Classification of Ownership in Relation to Copyright,
---Wealth,
------Overview of the Proposed Meanings of 'Wealth,'
------The General Juristic Definition of Wealth,
------The Hanafi Definition of Wealth,
------Classifications of Wealth,
---Utility,
---Conclusion.
---Notes to Chapter 2.

Chapter [3]. Evidence for Copyright in the Primary Sources,
---The Divine Command to Be Honest,
---The Divine Command to Be Just,
---The Divine Command to Give People their Due,
---The Divine Command to Respect People's Property,
---The Prohibition of Falsely Claiming Authorship,
---Possession Entails Ownership,
---The Right to the Fruits of One's Labour,
---Risk Bequeaths Benefit,
---The Duty not to Cause Enmity.
---Notes to Chapter 3.

Chapter [4]. Evidence for Copyright in the Secondary Sources,
---Evidence for Copyright in Legal Analogy,
------The Case of Cultivating Barren Land,
------The Case of Prohibiting Eavesdropping,
------The Case of Receiving Payment for Reciting and Teaching the Qur'an,
------The Case of Receiving Payment for Selling and Hiring a Copy of the Qur'an,
------The Case of Approving the Teaching of the Qur'an as a Dowry,
------The Case of Selling or Waiving some Rights for Money,
---Evidence for Copyright in Public Interest,
---Evidence for Copyright in Custom,
---Evidence for Copyright in the Legal Maxims,
------Appropriation of Permitted Things,
------The Necessity of Complying with Prerequisites,
------When Public or Private Need is to be Treated as a Necessity,
------The Command to Remove Harm,
------'Ownership of a Thing Grants Ownership of that Which is Indispensable to It,'
---Notes to Chapter 4.

Chapter [5]. Conditions for Recognition of Copyright in Islamic Law,
---Legality,
---The Work Must be Original,
---Consideration of Public Interest,
------Considerations Relating to Freedom of Expression,
---Duration,
------Temporary Duration,
------Permanent Duration,
---Notes to Chapter 5.

Chapter [6]. Objections against Copyright and Responses to them,
---First Objection : Copyright is an Abstract Right,
---Second Objection : Copyright is an Obstacle to the Dissemination of Knowledge,
---Third Objection : Copyright is Contrary to Notions of Ownership,
---Fourth Objection : The Reproduction of Works is not a Genuine Threat to Copyright,
---Fifth Objection : Copyright has not emerged from within Islamic Law,
---Sixth Objection : Copyright is a Subversion of Islamic Law,
---Notes to Chapter 6.

---Conclusion.


---Bibliography,
------Arabic Resources,
------English Resources,
---Index.





Highly Recommended!!!





*Dimensions : 23.4 x 15.6cm.








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This product was added to our catalog on Tuesday 04 October, 2016.