Source: http://qa.muftisays.com/?11358
Question ID: #11358
 
Question: Permissibility of buying pirated resources
Assalamu 'Alaikum! I am a medical student from Pakistan. I wanted to ask a question regarding buying pirates resources. This is my story: I am preparing to sit for the USMLE exams (exams required for starting residency in the US). For this, there are certain books and other resources (video lectures, etc.) that are important. One of these resources is the Kaplan Lecture notes and lectures. Now, the thing is that I have tried my level-best of trying to avoid buying pirates resources, but I couldn't find the original Kaplan notes anywhere I searched in Pakistan. They are available online, but have to be delivered from America and are priced at a whopping 1600 dollars. Now, this price is considered QUITE A LOT especially here in Pakistan (and that also only for a single resource!) Most of the people here don't worry about these things and buy the pirated books which are available for as low as 2 dollars a book. And the pirated video lectures are available for free online. Now, the thing is that the reason I was able to comfortably buy the other original international resources was that their prices had been adapted by the respective companies to Pakistan and were available from local bookshops. But the resource I am worried about (Kaplan) is not available here locally (talking about the original Kaplan notes) and therefore the prices of the original notes are extremely high as they have not been adapted to Pakistan.
What should I do in this case? Is it maybe permissible to buy the pirated resource for now, and then a few years down the line when I become a doctor inshaAllah, I buy the original resource at its original price?

I shall be grateful if you could answer this, because otherwise I would not be able to study with concentration knowing that I have been sinful.
JazakAllah!
 
 
Answered by: Ulamaa ID 04 (London)
Date: 12/01/2025 16:20pm

بسم الله الرحمن الرحيم

الجواب حامداومصليا

It has been stated in ‘Contemporary Fatawaa’:

“Previously, ownership was confined to tangible items. However, recent technologies have proved that ownership may also take place in non-tangible items. The ownership of a non-tangible property is known as “intellectual property”.

The concept of “intellectual property” demands that the person who applied his mental skills and effort to invent a particular item should be the owner of its profit and benefits. Similarly, if a person has invented a formula or software using his own skill should be the sole owner of it. No other person should have the right to reproduce it. Due to this reason, the law of copyright came about to protect the inventor from losing his benefits.

The Scholars have differed in their opinion regarding the permissibility of copyrights.

According to us, copyrights and intellectual property is a valid Share’e right. Therefore, the use of pirated software is not permissible. It is an infringement of a valid right.”

(Contemporary Fatawaa, Mufti Taqi Usmani (DB), Pg 188, Idara Islamiyat)


And Allah knows best

12 Rajab 1446/ 12 January 2025
Mufti Qamruzzaman

London, UK
 
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