Intellectual Property Rights in Islamic Sharia: Challenges and Opportunities

Abstract

Intellectual property rights (IPR) are an emerging issue in Islamic jurisprudence, gaining importance due to technological advancements and globalization. This study examines the concept of IPR in Islamic Sharia and compares it with contemporary legal systems. It explores the jurisprudential foundations supporting creativity and innovation and analyzes their alignment with the objectives of Sharia (Maqasid al-Sharia). Key areas such as authors' rights, patent registration, and software rights are emphasized. The study also addresses challenges, including jurisprudential limitations in recognizing IPR and differences among Islamic scholars. Findings reveal that Islamic Sharia can accommodate IPR principles, provided they adhere to justice and public interest. The article concludes with recommendations for amending relevant laws in Islamic countries.