Using pirated software with intention of paying for it later
13-10-2016 | IslamWeb
Question:
Hello! First of all, thank you for efforts to educate the community about Islam and its laws. My question is: I am currently in a very difficult financial situation and do not have any money to buy educational materials. I am intent on starting a business soon, Allaah willing, and I want to educate myself about business, so I use pirated content for that purpose with the intention of buying the products or giving the value of these products through charity. The kind of business that I want to start is a little bit complex, so I am in desperate need of education and, as I mentioned, I do not have the means to buy it. Is it permissible for me to download it online for free with the intention of paying the copyright owner once I will be able to and give the value of that material through charity?
Answer:
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
It is impermissible for you to use such pirated software programs even if you hold the intention of buying them in the future. This intention does not allow you to violate the rights of the owners. Some scholars, however, have given a legal concession to using pirated programs for personal use only and not for commercial purposes. Please, refer to fataawa 90886 and 198579.
The view adopted at Islamweb is that it is strictly prohibited to use pirated programs whether that be for personal or commercial uses. The Council of the Islamic Fiqh Academy, in its Fifth session in Kuwait in 1405 AH. issued the following statement regarding copyrights:
"After reviewing the research papers presented by the Members and experts concerning “incorporeal rights” and after listening to the discussions on the subject, the Council RESOLVES:· First: Business name, corporate name, trademark, literary production, invention or discovery, are rights belonging to their holders and have, in contemporary times, a financial value which can be traded. These rights are recognized by the Sharee'ah and should not be infringed upon.· Second: It is permitted to sell a business name, corporate name, or trademark for a price in the absence of any fraud, swindling or forgery since it has become a financial right.· Third: Copyrights and patent rights are protected by the Sharee'ah. Their holders are entitled to freely dispose of them. These rights should not be violated. Allaah knows best."
Allaah knows best.