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UNDILAH PAS DAN BARISAN ALTERNATIF
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Adakah Islam mengiktiraf hakcipta seperti software, tape, dll?
Sila lihat jawaban dalam Islamonline. Lepas itu kita tanya diri masing2
samada kita termasuk dlm golongan mana:
http://www.islamonline.net/fatwaapplication/english/display.asp?hFatwaID=79181
-------------------------------- 'cut n paste':
Fatwa Question Details
Name Musali - Egypt
Title Is There a Copyright Law in Islam?
Question Scholars of Islam, As-Salamu `Alaykum wa Rahamtu Allah wa
Barakatuh. Is there a copyright law in Islam? Some people say that knowledge
is a common property and it cannot be restricted. They use the Hadith of the
Prophet, peace and blessing be upon him, that "Wisdom is the lost property
of a believer, it is his, wherever he may find it." What do you think of
making copies of computer software?
Date 24/Aug/2002
Mufti
Dr. Muzammil Siddiqi
Answer
Wa `Alykum As-Salam Wa Rahmat Allah Wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His
Messenger.
Dear brother in Islam, thanks a lot for your interest about Islam and its
teachings. We do really appreciate your question which shows how far you are
interested about adherence to the dictates of Shari`ah. May Allah save us
all from the traps of Satan and enlighten our hearts with the light of
Islam!
Islam, the true religion of Allah, respects both the private and the public
ownership. It doesn’t sanction any violation against people’s rights,
whether material or intellectual. Therefore, it does not allow that the
propaganda or the efforts of others be taken away from them or be exploited
without their consent. In order to explain this problem we should first ask
ourselves why do authors, tape producers and computer program devisors
resort to register their copyrights. The fact is that some unscrupulous
people are always ready to make pirate copies of these and sell them at a
profit of which they give no share to the author. What someone has produced
after putting a great deal of effort is thus used to bring financial gains
to others who do not even bother to ask his permission. When a person
knowingly buys a pirate copy, then he is aiding such people whose piracy is
certainly prohibited in Islam. To be an accessory to piracy is also
censurable.
Focusing more on the question you posed, Dr. Muzammil H. Siddiqi, former
President of the Islamic Society of North America, states:
“It is correct that the knowledge is a common property. But it does not mean
that people cannot sell books or own books. It does not mean that people can
go and steal books or take over other people's labs and libraries. It means
that all people should be free to learn. No one group should have monopoly
on knowledge.
The Hadith of the Prophet, peace and blessings be upon him, about wisdom as
a lost property of the Believer is an authentic Hadith. It is mentioned by
At-Tirmidhi and Ibn Majah. But this Hadith also means that the Believers
should be open-minded and should learn from all sources. They should be more
concerned about what is being said, not about who said or from where they
receive the message. `Ali, may Allah be pleased with him, is reported to
have said, "Take wisdom and it would not harm you from what bag it came."
(see Al-Sakhawi, Al-Maqasid Al-Hasanah, p. 192).
Thus the meaning of this Hadith is to seek knowledge from all sources, not
to take over other people's possessions. Islam encourages Muslims to learn,
but it also respects the laws of ownership. Plagiarism, piracy,
misquotation, taking other people's property etc. are all nothing but theft,
and deception. People have right to their material property as well as
intellectual property.
Just like there are rules in Islam for the use of material things, so there
are also rules for the use of intellectual property. Computer programs are
governed by the contracts that the owners or sellers make with the buyers.
Allah says in the Qur'an, "O you who believe, fulfill the contracts."
(Al-Ma'idah: 1) Also, the Prophet, peace and blessings be upon him, said,
"Muslims must abide by their agreements, except an agreement that make Haram
(unlawful) what is Halal (lawful) or make Halal what was Haram."
(At-Tirmidhi, Hadith No. 1272)
It goes without saying that it does not make any difference whether the
contract is made between Muslims themselves or between Muslims and
non-Muslims. Such programs should be used according to the terms of
agreement or what is customarily accepted as a `Urf (common custom) among
the people of that business.”
Excerpted, with slight modifications, from: www.isna.net
For further information, we recommend you to read also Copying CDs and
Computer Programs that Have Copyrights.
Allah Almighty knows best.
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