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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on copying original software produced by companies

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The questioner : The questioner asks: What is the ruling on copying computer programs from original tapes issued by one of the companies, either for personal benefit or for distribution to colleagues or for sale? And is it the same whether these companies belong to disbelievers or Muslims?

The Shaykh : First, we ask: Did these companies that brought these items retain the right for themselves or not? If they did not retain the right for themselves, then every person may copy from them, whether for himself, to distribute to his friends, or to sell, because they are not protected. But if they say, "The rights are reserved," then here we Muslims must be the most faithful in the world to what is required. It is well known that if a system retains its right, no one encroaches upon it, because if this door were opened, the protected company would suffer a severe loss. This computer may have been obtained by the company only through a great deal of money. If it is copied and distributed, what is sold for five hundred is sold for how much? Five. And this is harm. The Prophet (peace and blessings be upon him) said, "There is no harm and no reciprocating harm," and this is general. This is general.
Therefore, I hope that Muslims understand that the most faithful people to the covenant and the pledge are the Muslims. The Messenger (peace and blessings be upon him) even warned against treachery and informed that it is a characteristic of whom? The hypocrites. And Allah the Exalted said:
and do not break oaths after their confirmationوَلَا تَنقُضُوا الْأَيْمَانَ بَعْدَ تَوْكِيدِهَا
[An-Nahl 16:91]
Not every disbeliever’s wealth is lawful or his blood is lawful. The individual disbeliever, like the Jews for example, is a hostile enemy. But as for the one between us and whom there is a covenant, even a general covenant, he is a treaty partner. And the Prophet (peace and blessings be upon him) said:
God’s Messenger as saying, “If anyone kills a man who has made a covenantصلى الله عليه وسلم من قتل معاهدا لم يرح رائحة
Mishkat al-Masabih 3452
hunger. And the Muslims are the most faithful people to their covenants.
So we say: If the companies have not reserved anything for themselves, what is the matter with them? Is it narrow or wide? It is wide. Copy from them for yourself or for your friends or distribute them. If they have reserved the right, then I have no doubt about whether a person wants to copy for himself only, without causing harm to this company. Is it permissible or not? It appears, if Allah wills, that there is no harm in this, as long as you do not intend thereby to cause loss. You only want to benefit yourself alone. So I hope there is no harm in it, though this is heavy for me, but I hope there is no harm in it, if Allah wills. No, no, I want him to follow his own understanding or benefit from it by voice only, not by holding onto it.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [231] حكم نسخ البرامج الأصلية التي تنتجها الشركات - ابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

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