The Foundations of the Concept of Intellectual Property in Religion and Law
DOI:
https://doi.org/10.26577//EJRS20254114Abstract
From birth, individuals live in society and interact with others, necessitating the establishment of certain rules. From a practical perspective, one of the key concepts widely used in all religious sources, customs, and legal systems is the concept of haq (truth, right). Establishing justice in society is one of its fundamental functions. Over time, as society evolves, new interests and obligations emerge, one of which is the issue of intellectual property. Intellectual property is a legal concept that signifies ownership rights over objects created as a result of intellectual activity. In the digital era, this issue has gained particular importance as it affects not only private but also public interests. Since knowledge and innovation have become crucial strategic resources that provide individuals with not only material benefits but also other advantages, the issue of intellectual property has become highly relevant. The primary goal of this study is to explore the concept of intellectual property in Islam, determine its scope, and examine its key aspects. To achieve this, the works of Islamic scholars were analyzed, and their perspectives on intellectual property were reviewed. Additionally, this concept was examined from a legal standpoint, and its legal foundations were investigated. The scientific and practical significance of this study lies in the in-depth analysis of the nature and fundamental characteristics of intellectual property, as well as the examination of the concepts of ownership and property in Islamic law. As a result of the research, the Islamic perspective on intellectual property has been identified, along with its role and significance within the modern legal system. This study contributes to scholarly discussions on intellectual property issues by providing a comprehensive analysis of its legal and religious aspects.
Keywords: property, intellectual property, society, law, Islam.