Intellectual Property Rights for Innovations on the Internet: The Islamic Law Requisites

In: Arab Law Quarterly
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  • 1 Department of Islamic Law, College of Law, Kwara State University, Malete, Nigeria
  • 2 Department of Islamic Law, Faculty of Law, Alhikma University, Ilorin, Nigeria
  • 3 Associate Partner, Ishola & Sanni Consort (Al-Barka Chambers), Ilorin, Nigeria

Abstract

Intellectual property (IP) protection has attracted diverse views among Islamic law researchers, leading to its eventual acceptance on the premise of indirect legal authority by most Muslim scholars. This paper explores the preconditions that any innovation on the internet must meet to enjoy IP protection under Islamic law. It provides working tools for Muslims on the principles to be observed in seeking IP protection for any of their innovations. It also urges governments of Muslim countries which have hitherto refused to accord legal protection to IP on religious grounds to change their position.