Question Summary:
i have purchased certain islamic books (hadis ,serath etc) on first page on book this statement is written”All rights reserved. No part of this book Question Detail:
i have purchased certain islamic books (hadis ,serath etc) on first page on book this statement is written"All rights reserved. No part of this book may be reproduced in any form or by any electronic or mechanical means including information storage and retrieval systems, without permission in writing from the publisher." cant i quote any hadis from this book ,to propogate islam? what about the translation of holy quran?cant i use any ayah from the translations of quran? if i cant quote anything from this book,then what shall i say to do dawah? can i xeror any pages from this book and pass it on?
can i write any hadis from this book and store it in another small book .that small book i will carry it to my collage and spread islam.will this be permissible? do i have to take the entire book with me? i want to include hadis from various books and translations of ayah of holy quran and get it in a form of speech .will this be permissible.can i give the entire original book to my friend or he has to buy another? can i duplicate original cd of quran and give it to others? plz kindly clear the confusion regarding mutual agreement between customer and publisher. jazakallah
Answer :
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In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
1.) Copyrighted material can be quoted from depending on the law of the country in which you reside. Termed as “fair use doctrine” in some countries, it allows limited non-commercial usage of a copyrighted work without having to obtain permission from the author of that work. 1 2
2.) A copyright is designed to prevent a person from extensive or commercial use of a work. Due to the labor involved in producing that work, the copyright holder is considered more deserving of the work's commercial benefits. Any other person is not be allowed to violate his rights.3
3.) Your ownership of the book enables you to propagate Islam with its contents. For example, you may read and benefit from it yourself, sell it, loan it, gift it to your friend, and quote from it according to the permissible laws of your country. As for the actual copyright, that is the right of the author. The example of that is like the example of a government producing paper currency and coinage. Once you obtain that money in a legal, lawful way, you can purchase something with that money, gift it, or loan it to whomever you wish. However, you are not allowed to reproduce copies of that money as that would be counterfeiting and infringing on the exclusive right of the government. In a similar way, when you make copies of a book or reprint it, you infringe on the right of the author.4
4.) You may compose a speech from verses of the Quran and ahadith as they are the joint heritage of the entire Muslim Ummah according to Surah Al-Ahzab, Verse 34:
وَاذْكُرْنَ مَا يُتْلَىٰ فِي بُيُوتِكُنَّ مِنْ آيَاتِ اللَّهِ وَالْحِكْمَةِ
And remember, that which is recited in your houses of the Verses of Allâh and Al-Hikmah (i.e. Prophet's Sunnah)
While the above verse is addressed to the wives of the Rasulullah (salallhu alayhi wa sallam), its application is universal according to the commentators of the Quran. The words آيَاتِ اللَّهِ mean the Quran, and الْحِكْمَةِ refers to the Sunnah of Rasulullah (salallahu alayhi wa sallam). In his Ahkam-ul-Quran, Ibn Al-Arabi has said: From this verse it stands proved that a person who hears a verse of the Quran or a Hadith is duty-bound to convey it to the Muslim Ummah. That is why Saad ibn Muadh (radiyallahu anhu) narrated a hadith at the time of his death, and said “...I consider it necessary to deliver this thing held in trust back to the Muslim Ummah, its real owner.”5
And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum
Ml. Sohail Bengali
Correspondence Iftā Student, US.
Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah
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