The Shari‘ah Ruling on Copying and Using Software
Source: Fatawa ʿUlama-e-Hadith, Vol. 9
❖ Question
I read your fatwa about copying software, after which I became very worried. In our daily lives, when we go to buy Windows or any other software, it is available in the market for only 20 or 30 rupees, whereas the original software costs thousands of rupees, which is impossible for a common person to buy. If we consider this, does it mean that almost all the software being used in Pakistan is illegal and impermissible?
Also, I have another question: those who share registered software on the internet or through torrents usually do so after buying it themselves and then give it to others from their personal copy. In this case too, will this act be considered theft? Please provide me with a detailed and prompt explanation.
❖ Answer
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
① The first point is that whatever you purchase and use becomes lawful for you, because after purchase it is your property. Now, from where the seller acquired it—that is his matter. (Although for him too, acquiring it through unlawful means is impermissible.) But you are not responsible for investigating whether his method of obtaining it was legal or illegal.
② The second point is that if someone has purchased software, then you may use it with his permission and knowledge. Since it is his property, he has the right to give it to whomever he wishes, and to withhold it from whomever he wishes.
ھذا ما عندي والله أعلم بالصواب
