Intellectual Property Rights of a Deceased Muslim Vis-a-Vis the Question of Inheritance: A Perspective from the Sharī`Ah
The need to allow the owner of an Intellectual Property (IP) to enjoy some financial and moral benefits over his intellectual labour underscores Intellectual Property Rights (IPR). Under the common law, there seems not to be any debate on the recognition of IP as a type of intangible property that, in the absence of any contrary direction by its owner, devolves to the legal heirs of the owner upon his demise. However, on the other side of the coin is the Islamic contemplation over the consideration of IPR as a specie of protected property rights. The question, whether the Sharī`ah recognises the intellectual work(s) of a deceased capable of being inherited has, in consequence, been a subject of debate among Islamic law jurists. This, among other contemplations, has prompted this piece, giving an x-ray of the Islamic viewpoint on the inheritance of rights accruing from IP at the instance of the death of the owner.
Generally speaking, the concept of IP postulates that authors, inventors and/or registered proprietors of a trademark enjoy absolute control and right over their creative intellectual works for a period of time against any other persons save where license is granted by the original owner. Very importantly, the Sharī`ah did not regulate IPR by having detailed and precise rules, such as in the case of spiritual duties.2 Notwithstanding, a careful study of the different sources of the Islamic law shows that there are many rules of the Sharī`ah that help in drawing connections between IP and Islamic law
IPR postulates that authors, inventors, and registered proprietors of a trademark enjoy absolute control and right over their creative intellectual works for a period of time against any other persons, save where a licence is granted by the original owner. Very importantly, the Sharī`ah does not regulate IPR by having detailed and precise rules, such as in the case of spiritual duties. Notwithstanding, a careful study of the different sources of Islamic law notwithstanding shows that there are many rules of the Sharī`ah that help in drawing connections between IP and Islamic law. 3
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