✦ Sharīʿah Guidance on Software Purchase and Copyright Use ✦
Derived from: Fatawa of the Scholars of Hadith, Volume 9
What is the Sharīʿah ruling regarding software purchase and copyright use, especially in cases where software is costly in Pakistan, yet cheap pirated CDs or online downloads are widely available? Also, is it considered theft if someone shares a purchased software online or through torrent?
The issue of software use and copyright revolves around ownership, permission, and ethical responsibility. Below is a detailed breakdown of the ruling:
✔ Permissibility Based on Ownership:
If you purchase a software CD from the market, its use becomes permissible for you, as it now falls under your ownership.
✔ Responsibility of the Seller:
Whether the seller obtained it legally or not, that matter rests with him. If he used an illegitimate source, he bears the sin, not the buyer—provided the buyer purchased in good faith.
✔ Buyer’s Intention:
It is important that, as a buyer, you maintain sincere intentions and act according to what is apparent and reasonable at the time of purchase.
✔ Permission from the Owner is Essential:
If someone legitimately owns a software and shares it with you, then its use is only permissible when:
✘ If there is no clear permission, and the software license forbids redistribution, then using it would be impermissible and fall under unlawful appropriation.
✔ Ownership Principle:
Since the software is a form of intellectual property, its owner holds full rights over its distribution and usage.
✔ Legal Aspect:
Even though software piracy is common in Pakistan, Islamic teachings do not condone illegality or unethical behavior, regardless of its prevalence.
✔ Islamic Perspective:
Using someone’s property without their explicit permission is haram.
Islam categorically prohibits theft, deception, or violating rights, even in digital formats.
❖ CDs bought from local markets may be used permissibly, provided they were purchased in good faith and you are unaware of their origin.
❖ Online or torrent-based software can only be used if the original owner has permitted it and license terms allow it.
❖ Avoiding unlawful means is a religious obligation, and every effort should be made to purchase software through legal, ethical channels.
❖ In matters related to ḥalāl and ḥarām, always consult local qualified scholars to obtain guidance that is specific to your situation.
وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Derived from: Fatawa of the Scholars of Hadith, Volume 9
❖ Question:
What is the Sharīʿah ruling regarding software purchase and copyright use, especially in cases where software is costly in Pakistan, yet cheap pirated CDs or online downloads are widely available? Also, is it considered theft if someone shares a purchased software online or through torrent?
❖ Answer:
The issue of software use and copyright revolves around ownership, permission, and ethical responsibility. Below is a detailed breakdown of the ruling:
❖ ① Use of Software Purchased from Local Markets:
✔ Permissibility Based on Ownership:
If you purchase a software CD from the market, its use becomes permissible for you, as it now falls under your ownership.
✔ Responsibility of the Seller:
Whether the seller obtained it legally or not, that matter rests with him. If he used an illegitimate source, he bears the sin, not the buyer—provided the buyer purchased in good faith.
✔ Buyer’s Intention:
It is important that, as a buyer, you maintain sincere intentions and act according to what is apparent and reasonable at the time of purchase.
❖ ② Use of Software via Internet or Torrent:
✔ Permission from the Owner is Essential:
If someone legitimately owns a software and shares it with you, then its use is only permissible when:
- The original owner gives you explicit permission,
- And the software allows sharing as part of its usage license.
✘ If there is no clear permission, and the software license forbids redistribution, then using it would be impermissible and fall under unlawful appropriation.
✔ Ownership Principle:
Since the software is a form of intellectual property, its owner holds full rights over its distribution and usage.
❖ ③ Legal and Ethical Responsibility:
✔ Legal Aspect:
Even though software piracy is common in Pakistan, Islamic teachings do not condone illegality or unethical behavior, regardless of its prevalence.
✔ Islamic Perspective:
Using someone’s property without their explicit permission is haram.
Islam categorically prohibits theft, deception, or violating rights, even in digital formats.
❖ Summary:
❖ CDs bought from local markets may be used permissibly, provided they were purchased in good faith and you are unaware of their origin.
❖ Online or torrent-based software can only be used if the original owner has permitted it and license terms allow it.
❖ Avoiding unlawful means is a religious obligation, and every effort should be made to purchase software through legal, ethical channels.
❖ In matters related to ḥalāl and ḥarām, always consult local qualified scholars to obtain guidance that is specific to your situation.
وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
