Protection of intellectual property in Islamic jurisprudence

Protection of Intellectual Property in Islamic Jurisprudence and the Economic Impacts Resulting Therefrom Dr. Nasser bin Muhammad bin Mashri Al-Ghamdi Assistant Professor in the Department of Judiciary - College of Sharia and Islamic Studies, Umm Al-Qura University, Mecca (Preliminary Edition) Research Summary Praise be to Allah, Lord of the worlds, and peace and blessings be upon the Messenger sent as mercy to the worlds, Muhammad bin Abdullah, and upon his family and companions altogether. After: The topic of intellectual rights (intellectual property: literary, artistic, and industrial) is among the important contemporary jurisprudential topics, whose significance has become evident with the scientific, commercial, industrial, and technological progress experienced by the entire world. It has a clear impact, whether positive or negative, on the economy of individuals and nations alike. With the civilizational advancement the world is experiencing, and the spread of modern means, scientific and literary thefts, imitation, and commercial and industrial fraud in its various forms and repugnant images have also spread. Countries and peoples around the world have called for cooperation to protect these rights and prevent their tampering and manipulation. Conferences have been held, international agreements have been signed in this regard, and systems and laws have been enacted. This research is a foundational jurisprudential study on the subject: (Protection of Intellectual Property in Islamic Jurisprudence and the Economic Effects Resulting Therefrom). It clarifies the concept of intellectual property, its types, the rights associated with it, its rulings, the evidence for its protection, and its basis in Islam. It also discusses the efforts of all countries to preserve and protect these rights for their owners, as well as the economic impacts of safeguarding or neglecting them. The research follows a scientific methodology, as explained in the introduction, relying on authoritative jurisprudence books and collections of the Prophet’s Sunnah, with a focus on benefiting from modern studies in this field. Some of the key findings include: - The concept of wealth in Islam is broad, encompassing everything from which people benefit and that has recognized value in their custom—whether it is an object, benefit, or right. - Intellectual rights of all kinds are a form of ownership, which has gained significant monetary value according to customary practice, and has become prominent and highly important in the economic and civilizational fields. Therefore, countries around the world have recognized their importance, holding various conferences and signing agreements to organize and protect them. - These rights are legally protected for their owners; Islam forbids encroaching upon them. In Islam, encroachment is considered theft, fraud, and violation of people's money and rights, and consuming them unjustly. Islam regards their protection as a religious duty rooted in faith in Allah and a sense of trust and responsibility in safeguarding people's rights. Protecting these rights leads to many benefits for the entire nation, foremost among which is giving credit to its rightful owners, encouraging and developing scientific and intellectual activity. Conversely, neglecting and failing to protect these rights leads to corruption, backwardness, decline in civilization and economy, and causes scholars, thinkers, and producers to withdraw from intellectual, scientific, and industrial production. The study also presents some important recommendations, including: - The necessity of activating international protection of intellectual rights and linking it to the directives of Islamic Sharia, which regard it as a religious duty before being an international obligation. - Violating these rights is considered deception, fraud, and encroachment on people's money and rights, and must be protected from the tampering of wrongdoers, fraud, manipulation, and shameful thefts.