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Copyright in Islamic Law is the first work in English to
systematically address the ideas of intellectual property and
copyright from an Islamic perspective. The author builds a
framework from within Shari'a law to address the concepts of
intellectual property and copyright. In so doing, he adopts the
classical usul al-fiqh approach by firstly defining the key terms
associated with the field, namely: right (haq), ownership
(milkiyya), wealth (mal), and utility (manfa'a). Dr Ahdash then
analyses how these terms are used in the Qur'an and in the Hadith
before looking at how the secondary sources of qiyas (analogy),
maslaha (public interest), 'urf (custom) and al-qawa'id al-fiqhiyya
(legal maxims) can be applied to copyright. The result of this
study is a framework wherein the concept of copyright is defined
and understood in an Islamic manner. This then gives a consistent
approach from which specific rulings can be derived. Copyright in
Islamic Law is a ground-breaking study not only within Shari'a law,
but also by making a contribution to the on-going debates on
copyright in general.
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