புலமை சொத்துரிமை மற்றும் இஸ்லாமிய சட்ட மூலாதாரங்கள்: ஓர் விமர்சன பகுப்பாய்வு

Abstract

“Examining the concept of intellectual property in keeping with the Source of Islamic law” This is the main objective of the Study. It is based on the Qualitative research method. The primary data were collected from the sources of Islamic law such as the Qur'an, Sunnah, statements of the Companions, Customs, fatwas of International Islamic Fiqh Academies, and the opinions of Islamic Scholars. In addition to this, secondary sources such as research articles, books, web publications, journals have been collected, analysed via the descriptive method, and enlightened. According to the results of the study, although modern Perceptions of Intellectual property were originated after the 18th century, it came into existence before the arrival of Islam. This has been implemented on the basis of customs. With the advent of Islam, the recognition was given to this right formally during the time of the companions. It is appropriate that these properties are to be subject to protection on the basis of Maslaha Mursala, Qiyas, Customs, and Maqashid shariah. And these kinds of properties have been preserved by the world's leading fatwas groups such as International Islamic Fiqh Academies, Ali Ahmed Mashael - Dubai Department of Islamic Affairs and Charitable Activities and Al Azhar University in Egypt since they were accepted. By imparting knowledge to the students pursuing higher education and those who are being educated in Arabic colleges and the general public in respect of the Shariah compliance of these types of properties, this study could be a starting point for the future research in this field.