downloading E-books from the net??

[nasa]

salam alekom,

As a student, there is question concerning E-books; is it Halal to download PDF educational books, like programming books for my studies, from websites without the permission of the authors; or we can say a pirated copies.
please, if you want to answer support the answer with a proof.....

salam alekom,

 

[OsMaN_93]

good question,
anyone got answers?

:salam2:

 

[q8penpals]

Salam

Put it in this perspective - you want to know if taking something from someone (the publisher/author) without paying for it and without permission is okay? If I come and "borrow" your car without paying your or even asking your permission, is that ok? Just because you can't physically touch something doesn't mean it doesn't exist.

Using illegal downloads and trying to make it halal (when they are in fact ILLEGAL downloads) just seems wrong to me - as a computer teacher, I am frequently telling kids what COPYRIGHT LAW is and by downloading songs illegally, they are in fact stealing and breaking the law. Since we as Muslims are supposed to follow the laws of the land (as long as they do not contradict any Islamic teaching), I guess stealing other people's intellectual property and breaking the copyright law can't possibly be acceptable.

Maybe someone else can find a ruling? I know things have been printed in the newspaper here in Kuwait about this in the past, but I can't find anything specific right now.

Lana

 

[q8penpals]

Salam

So I said I couldn't find anything and right after I posted I found something! the only stipulation that I found is if the item is for educational purposes AND either it is almost impossible to acquire where you are or if you are so poor you can't afford it and you absolutely need it.

Lana

Copying CDs & Computer Programs that Have Copyrights​

Question

As-Salamu `alaykum wa Rahmatu Allah wa Barakatuh. In America, it is very common for people to copy CDs and then sell them or give them away. Is it haram or unlawful to buy these CDs that have been copied? Is it permissible in Islam?​

Date

26/Mar/2002​

Name of Counsellor

Group of Muftis​

Topic

Ownership​

Wa`alykum As-Salaamu Warahmatullahi Wabarakaatuh.


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 questioner, we commend your pursuit of knowledge and earnestly implore Allah to bless your efforts in this honorable way.

Responding to the question, the Permanent Fatwa Committee, headed by late Sheikh `Abd Al-`Azeez Ibn Baz (may Allah bless his soul), pointed out that it is forbidden to make copies of programs if their owners do not permit doing so without their prior permission. The following Hadiths verify this view:

"Muslims should abide by their stipulations."

"A Muslim's property is not permitted (to be taken by others) without his consent."

"Whoever precedes others in gaining a Halal (lawful) thing, will be more entitled to own it (than others)."

This is applicable whether the owner of these programs is a Muslim or a non-Muslim (who is not at war with Muslims, for the property of the non-fighting unbelievers are to be protected in the same way as that of Muslims).

Moreover, his eminence Sheikh Muhammad Ibn Salih Al-`Uthaymeen (may Allah bless his soul) said that “this question should be judged according to the custom of the people. However, if a person wants to make a copy for his personal use and the owner of these programs does not express objection for doing so, then there is nothing wrong. In contrast, if the owner of these programs expresses his objection to copying for personal and public use, then making copies of them is unlawful.”

Shedding more light on the issue, Dr. Mahmoud `Akam, professor at the Faculty of law and Education in Halab, declares that “copyright is like money, which no one is permitted to take except through Shari`ah-based contracts. This is the case whether the owner of these programs is a Muslim or non-Muslim individual, or a Muslim or non-Muslim state. However, if a non-Muslim state is engaged in fighting Muslims, it is permissible to take their property as spoils of war.

This stance is based on the following Qur'anic verses:
"O ye who believe! Fulfil your undertakings." (Al-Ma'idah: 1)

“Wring not mankind in their goods.” (Ash-Shu`ra’: 183)

“O ye who believe! Betray not Allah and His messenger, nor knowingly betray your trusts." (Al-Anfal: 27)

Likewise, the following Hadiths support this stance:

"(Keep and) pay back the trusts of those who entrust you."

"The true believer is the one from whom Muslims are safe regarding their blood and property."

As for copying computer programs for educational purposes, it is permissible in case of necessity, i.e., if it is difficult to obtain an original copy of this program or its price is too expensive. This is in accordance with the following Qur'anic verses:

“Unless ye are compelled thereto.” (Al-An`am: 119)

“But he who is driven by necessity, neither craving nor transgressing, it is no sin for him. Lo! Allah is Forgiving, Merciful.” (Al-Baqarah: 173)

Finally, the above-mentioned legal rulings extend, by virtue of analogical deduction qiyas, to making copies of CDs and all similar items.”

If you have any further questions, please don't hesitate to write back!

May Allah guide you to the straight path, and guide you to that which pleases Him, Amen.





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Scholar's Fatwa Says Piracy Not Islamic​

CAIRO, March 1 (IslamOnline) - Multinational companies struggling for copyright protection in the booming Middle East market could use a fatwa (a religious edict) ruled by Saudi Arabia's top Islamic cleric, labeling piracy "Islamically prohibited," in order to recoup some of their losses.

Sheik Abdul Aziz bin Abdullah Al-Sheik said in statements published this week that pirating was "a sin", after the Saudi Chamber of Industry complained about losses incurred because of copyright violations and fake products coming into the country.

Local partners of U.S. software firms say the fatwa, in the mostly religious countries of the Middle East, could immediately help recoup losses from an estimated 63% rate of piracy, the second highest regional rate in the world.

They say the last available figures are for 1999 when piracy in the region cost the international industry $285 million.

Other businessmen said total losses due to fake products, include clothing and household products, in Saudi Arabia alone cost business an estimated one billion dollars.

Al-Sheik said that, "selling imitations as original products, or dealing and distributing them is not allowed, because it cheats Muslims and lies to them."

This is not the first time fatwas related to multinational operations are issued in the Middle East to prop up otherwise endangered businesses.

Last year Egypt's Grand Mufti, Sheikh Mohammed Farid Wassel, issued a fatwa saying that boycotting products by the giant soft-drinks company Coca-Cola was wrong. The Mufti was responding to rumors that the company's decade's old logo was blasphemous to Islam if held to a mirror.

The rumor said the logo read "No Mecca, No Mohammed," when reflected, prompting sales of the soft drinks to drop 20% in Egypt alone. The rumor spread to Saudi Arabia, Jordan, Qatar and other Muslim countries jeopardizing further profits.

Coca-Cola ran a paid advertisement in local newspapers quoting the fatwa to stem the downturn trend.

The fatwa did the job.