Copyrights – Restraining The Word of Allah
Allah Ta’ala says in the Qur’aan Shareef: “They purchase with the aayaat of Allah a cheap (miserable) price. Thus they prevented from the Path of Allah….”
“And they prevent you from the thikr of Allah and from Salaat. What, will you (not) desist (from preventing from the thikr of Allah)?”
“They spend their wealth so that they could prevent from the Path of Allah.”
“They devour the wealth of people in baatil (ways) and they prevent from the Path of Allah.”
“They love (and give preference) to this worldly life over the Aakhirah and prevent from the Path of Allah.”
While registering copyrights is unlawful in the Shariah, it is particularly abominable when applied to Deeni literature. Rasulullah (sallallahu alayhi wasallam) was sent to earth to deliver the message of Allah Ta’ala – the Deen of Islam. Every branch of Deeni Ilm stems from the Qur’aan. It is spiritually cruel and religiously (in terms of the Shariah) haraam to attempt the prevention of the dissemination of the Deen and Words of Allah Ta’ala by any means whatever.
Since copyright is tantamount to the prevention of Allah’s Thikr and strewing obstacles in the Path of Allah Ta’ala, it’s prohibition comes within the purview of the aforementioned Qur’aanic strictures. While the kuffaar prevented from the Thikr of Allah and from the Path of Allah in their peculiar ways of kufr, Muslims, even Ulama, execute a similar act by employing the kuffaar concept and law of copyright to prevent the spread of Allah’s Words – His Thikr which is Islam.
The sole motive underpinning this haraam concept of copyright is monetary gain. Thus, for the sake of a miserable and ‘cheap’ price, even learned Muslims are miserable and ‘cheap’ price, even learned Muslims are casting impediments in the Path of Allah Ta’ala. It is a lamentable commentary of their lack of comprehension of the issues involved inspite of them being men of Deeni knowledge. The prime function of the Ulama is the propagation and dissemination of Allah’s Thikr.
When the Ulama seek the subterfuge of kuffaar concepts and kuffaar laws to place restrains on the spread of Allah’s Thikr for monetary gain, they should understand that the label of ulama-e-soo’ (evil learned people) will be applicable to them.
From the Fiqhi (juristic) point of view, copyrights are not saleable commodities. The sale or trading in such imaginary rights is palpably baatil (baseless, null and void) in the Shariah. Copyright is simply not a haqq (right) in the Shariah. Even true rights recognized by the Shariah are not regarded as saleable commodity (maal). When true rights cannot be subject to trade, how can an imaginary right be a commodity for trade? The kuffaar have forged this baatil as a ‘right’. Since it promises haraam revenue, some among the learned men have gone out of their way to legalize this figment of kuffaar imagination. In the process, scant regard in shown for Allah’s Deen. For the sake of easy money, a brake is placed on the dissemination of Allah’s Kalimaat (Words). A variety of baseless arguments and false interpretations are presented for the legalization of this baatil.
The office of the Ulama demands that the Words of Allah Ta’ala be spread and given the widest publicity and distribution. While a trader working for his own pocket may be devoid of any altruistic motives, he unintentionally serves the purpose of spreading the words of Allah Ta’ala by publication and selling of Deeni literature. No one has the Shar’i right to prevent any person from reproducing any literature whatever. Those who do, are guilty of the crime of preventing the spread of Allah’s Thikr.