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Intellectual Property Rights and Monopoly in the Perspective of Islamic Jurisprudence

Al-Ahkam

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Field Value
 
Title Intellectual Property Rights and Monopoly in the Perspective of Islamic Jurisprudence
 
Creator Meirison, Meirison
Nazar, Zerly
 
Subject IPR; Islamic Jurisprudence; Intellectual Wealth; Monopoly
 
Description This paper aims to reveal fiqh's review of Intellectual Property Rights (IPR) and their relationship with monopolies that can harm humankind. There are two opinions in contemporary fiqh regarding IPR; first, Ahmad al-Ḥujjī al-Kurdī, which states that IPR as part of worship, should not be hidden and should not be monopolized and exploited by anyone. Second, Muṣṭafā Zarqā, Muḥammad Fatḥī al-Duraynī, Muḥammad Sa'īd Ramaḍān al-Būṭī who agree with the protection of IPR. Through literature study and descriptive analysis approach, this paper concludes that if intellectual property rights cause harm to society and the state, especially in the exploitation of material rights, then it has created a monopoly that is detrimental and prohibited. Every country has different policies to protect IPR when it does not harm the community and the state. 
 
Publisher Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang
 
Contributor —
 
Date 2021-04-29
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://journal.walisongo.ac.id/index.php/ahkam/article/view/6656
10.21580/ahkam.2021.31.1.6656
 
Source Al-Ahkam; Volume 31, Nomor 1, April 2021; 49-68
2502-3209
0854-4603
 
Language eng
 
Relation https://journal.walisongo.ac.id/index.php/ahkam/article/view/6656/3263
 
Rights Copyright (c) 2021 Al-Ahkam
http://creativecommons.org/licenses/by-sa/4.0