Fatwa ID: 07462
Answered by Alimah Shireen Mangera-Badat
Question:
The foreign books sold in most of the bookshops in Bangladesh are copied illegally to my understanding, since they are sold at 10-20% of their price on Amazon. Is it sinful to buy them?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
The issue you raise concerns intellectual property rights and the potential violation of those rights by selling books that are copied illegally. The core Islamic principle to consider here is whether purchasing such books, knowing they are illegally copied, is a form of cooperation in sin or injustice.
In Islamic jurisprudence, many scholars emphasize that intellectual property rights are to be respected, just like physical property. Selling or buying pirated books may violate the rights of the original authors and publishers, which could make it sinful, as it involves ghasab (unlawful appropriation of someone else’s rights). The Prophet Muhammad (peace be upon him) said:
“Whoever does an injustice even to the amount of a hand-span of land, he will have it tied to his neck on the Day of Resurrection.”
(Sahih al-Bukhari, Hadith 2454)
This can be extended to modern forms of property, including intellectual property. Scholars who agree with this stance include contemporary figures from Islamic finance and ethics committees.
Many countries, including Bangladesh, have copyright laws that prohibit the unauthorized reproduction and distribution of books. If the books sold in these shops are pirated, purchasing them could potentially:
1. Violate local laws, which Muslims are obliged to respect unless those laws contradict Islamic principles.
2. Infringe upon the rights of the author or publisher, leading to injustice.
The Quran also emphasises the principle of fairness in transactions:
“Do not consume one another’s wealth unjustly or send it (in bribery) to the rulers in order that (they might aid) you (to) consume a portion of the wealth of the people in sin, while you know (it is unlawful).”
(Quran, 2:188)
This verse can be applied to situations where a person benefits financially from the work of others without just compensation.
This would also be classed as an infringement of rights that Islam does not accept.
The rule would be derived from the principle of taking liability for the risk in the situation.
Based on the above principles, if it is clear that these books are illegally copied, purchasing them would likely be considered sinful in Islam, as it involves cooperating in the violation of the rights of others. You are encouraged to avoid such purchases and seek out legitimate ways to acquire the knowledge you need.
القواعد الفقهية- الخراخ بالضمان- صـ ٩٥
Only Allah knows best.
Written by Alimah Shireen Mangera-Badat
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
