Millah: Journal of Religious Studies
Vol. 22, No. 2, August 2023

Protection of Intellectual Property Rights in the Perspective of Islamic Law

Erna Tri Rusmala Ratnawati (Program Studi Hukum (S1), Universitas Widya Mataram, Yogyakarta, Indonesia)
Rizqi Samera Al Farizi (Program Studi Teknik Dirgantara (S1), Institut Teknologi Bandung, Bandung, Indonesia)



Article Info

Publish Date
28 Aug 2023

Abstract

This article analyses the protection of intellectual property rights from the perspective of Islamic law. This article examines intellectual property rights by analyzing the concepts of wealth, rights, and ownership in Islamic law. This study employs a normative research method. The approach utilized in this research includes statutory and conceptual approaches. The data used in this study encompassed secondary data derived from primary, secondary, and tertiary legal materials. The research findings reveal that most scholars categorize intellectual property rights as a form of wealth, thereby subjecting it to similar treatment and legal consequences as other forms of wealth. Intellectual property rights constitute movable wealth, are permissible for utilization, lack a standardized market unit, and maintain their value even when exploited. Consequently, intellectual property can be transacted for profit and safeguarded by assessing its value when compensating for any loss. When acquired or discovered through means that adhere to Islamic law, intellectual property becomes a permissible right to possess. However, the ownership of these intellectual property rights under Islamic law remains constrained by Sharia principles.

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Journal Info

Abbrev

Millah

Publisher

Subject

Religion

Description

Millah: Journal of Religious Studies (E-ISSN: 2527-922X) is an international double-blind peer-review journal focusing on original research articles related to religious studies. The journal welcomes contributions on the following topics: Religious studies Islamic studies Christian studies Hindu ...