THEIR ELEVENTH ARGUMENT



They say: A person can become the owner of a currency coin (minted by the government). Inspite of becoming the owner of the coin he may not manufacture such coins. This shows that one does not have unrestricted freedom to use one’s property as one feels. Similarly, one may not print a book without the consent of the author, inspite of one being the owner of the book.

THE RESPONSE



The analogy is baseless. A book cannot be argued on the basis of coins minted by the government. The supposed validity of copyright cannot be argued on the basis of the prohibition to manufacture coins like the coins minted by the government. If, it is not permissible according to the Shariah to manufacture identical coins, the impermissibility has to be based on grounds recognized by the Shariah. The Shar’i principles and reasons which render the manufacturing of such coins unlawful should be stated. If there exist valid Shar’i grounds for prohibiting such manufacturing of coins, the prohibition will apply to the act of manufacturing coins, not to prohibiting others from publishing books.



For the validity of the contended prohibition, the prohibition should be independently proved on the basis of Shar’i principles, not on the basis of an example which itself stands in need of a Shar’i hukm. If the basis for the prohibition of manufacturing government-minted coins is found to exist in the publication of books by others besides the author, then such grounds should be stated. It is incorrect to merely cite an example of an act which itself stands in need of Shar’i daleel to prove the claim of prohibition.



Furthermore the purposes of the two acts are vastly divergent. While the manufacturing of identical coins will lead to great confusion and fraud, publication of Deeni books serves the Deeni needs of the masses and facilitates the Islamic process of Da’wat and Tableegh. On the other hand, manufacturing identical coins will lead to deception and fraud. The masses will be the ultimate losers.



It is permissible for anyone to manufacture coins, but it is not permissible to adopt any measures of falsehood, deception and fraud. This then separates the two actions. The prohibition of manufacturing government-minted coins, only prevents manufacturers from using government signs, emblems and symbols. This is perfectly in order. It does not prevent others from manufacturing coins of their own design and desire. The analogy is thus false. Assuming that in the manufacturing of identical coins there is no deception and fraud, and no one will be misled to suffer any loss, then such manufacturing of coins will be one’s Mubaahul Asl right irrespective of any law prohibiting such manufacturing. The simple answer for this ‘proof’ is that it in itself is in need of a Shar’i hukm. It lacks the ability to serve as a Maqees Alahy (Basis of Deduction) for another act requiring a Shar’i hukm.