نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
Intellectual property rights constitute one of the most significant and debated subjects in contemporary legal studies and Islamic jurisprudence. This study aims to provide a jurisprudential analysis of intellectual property rights within Imamiyyah fiqh by examining the arguments of both supporters and opponents through the lens of general and specific jurisprudential principles. Employing a descriptive-analytical methodology, the research draws upon authoritative sources to investigate the status of intellectual property rights in both Islamic jurisprudence and Iranian law. The study identifies several key arguments raised by opponents, including the preservation of the sanctity of knowledge, the prohibition of receiving remuneration for performing religious obligations, the perceived incompatibility of intellectual property with the taslīṭ rule, and the claim that modern and unprecedented cases lack explicit Sharīʿah endorsement. Conversely, proponents ground their arguments on four principal foundations: rational custom (sīrah ʿuqalāʾ) and its evidentiary authority without the need for explicit endorsement; the rule of respect for property and the expansion of the concept of māl; narrations condemning scientific plagiarism and the usurpation of intangible benefits; and the principle of autonomy of the will in modern contractual relationships. The findings indicate that, considering social transformations, scientific and economic necessities, and the universal acceptance of rational custom, intellectual property rights are both justifiable and jurisprudentially valid within Imamiyyah fiqh. The limitations cited by opponents largely stem from historical and contextual interpretations that no longer hold decisive weight. The conclusions of this study provide a solid jurisprudential and legal foundation for strengthening and expanding intellectual property rights in Iran and offer valuable guidance for shaping policies that promote scientific and cultural innovation and creativity
کلیدواژهها English