REGISTRATION OF COPYRIGHT

By Hakimul Ummat Hadhrat Maulana Ashraf Ali Thaanvi (Rahmatullah alayh)

Among the evil practices prevalent in this age is the practice of some authors (in fact nowadays of most authors – Mujlisul Ulama) to sell or buy and register copyright. In the Shariah, a right is not property (or an asset which could be owned). This is apparent for the experts of Hadith and Fiqh. Therefore, acting with it as if it is one’s property and to prevent others from deriving benefit from it are all haraam and sinful acts. Allah Ta’ala says: “Do not devour the wealth of one another in baatil (unlawful) ways.”

(Islaahur Rusoom, page 109)

Hakimul Ummat, Hadhrat Thaanvi (rahmatullah alayh) declares with emphasis and with the greatest conviction that copyright, its registration, buying and selling are all baatil, haraam and ma’siyat (sinful). It is, therefore, unreasonable and misleading for the liberal Molwis to cite Hadhrat Thaanvi’s fatwa on monetary compensation for a trade-name as a basis for their quest for legality of copyright. The fatwa pertaining to a trade-name should be given a suitable interpretation to accord it reconciliation with Hadhrat Thaanvi’s view on the issue of the sale of rights which he very explicitly declares haraam with emphasis.



He leaves not a vestige of ambiguity regarding the Shariah’s prohibition of buying and selling copyright. If the votaries of copyright cannot produce a reconciliation between the apparently conflicting trade-name fatwa, let them simply set it aside and accept Hadhrat Hakimul Ummat’s categoric fatwa on the refutation of copyright.



The fataawa (Shari rulings) of these Paragons of Ilm and Taqwa – of these illustrious Akaabir Ulama, Hadhrat Maulana Ashraf Ali Thaanvi, Hadhrat Mufti Muhammad Shafi, Hadhrat Maulana Rashid Ahmad Gangohi and others, who were also among the Aarifeen, sink into the hearts of the Mu’mineen just as water sinks into a sponge. Their clear and simple arguments based on the principles and spirit of the Shariah are readily comprehensible to all and sundry and are unlike the laborious, labyrinthal, confusing and conspicuously deviant argumentation with its plethora of far-fetched and baseless interpretations of technical terms which the Fuqaha had coined for the practical guidance of the Ummah, not for giving impetus to and in substantiation of kuffaar systems and concepts which are heavily tainted with the riba hues of western capitalism.



It will be easily discerned and understood that the while the fataawa of the Akaabir Ulama have in view the moral and spiritual interests of the Ummah and the goals of the Aakhirah, the shallow rulings of the liberal Molwis sitting in the luxury of westernized ‘academies’ and flitting in jets to take up seats in western-style conference rooms as if they are the delegates of their countries at some UN session, are designed to pander and pamper the inordinate pecuniary greed of the nafs and to strike an acceptable chord of cordiality and reconcilability with the concepts of kuffaar capitalism which dominate all systems of life in Muslim societies of the age.



Instead of fulfilling their roles as guides and teachers of the Ummah, the liberal Molwis with their strong inclination, in fact embrace of western ideals and systems, have betrayed Islam—they have betrayed Allah, the Rasool and the Ummah. Instead of acting as the Guardians of the Shariah, they have joined by their attitude and baseless rulings the league of westernized Muslims whose goal on earth it has become to subvert the Shariah, refute its immutability, re-interpret its sacred principles which were perfected in the very age of the Qur’aanic revelation and codified into a systematic Order by the Aimmah-e- Mujtahideen of the first era of Islam.



Their attitude of liberalism which has been spawned by their love for western modernism with its worldly comforts and pleasures, is increasingly alienating them from the Shariah and the Ummah. They are inexorably engaging in wild interpretations of technical terms to make way for the accommodation of Islam within the folds of western modernism. Every baatil western practice of their economic system, glaringly tainted with riba and haraam, is accorded Shar’i sanctity by the liberal Molwis. The twin diseases of Hubb-e-Jah (love for name and fame) and Hubb-e-Maal (love for material wealth) are the motivating force for all the corruption which the acquiescing Molwis have created in the ranks of the Ummah with their liberalism.

Although most of these Molwis are driven to pursue their mundane and nafsaani goals by base and ulterior motives, there is a tiny minority of sincere Ulama in their ranks, who have committed grave Ilmi errors in the formulation of their fataawa on issues such as copyright. We do not associate these sincere Ulama with the liberals and our criticism is not directed towards them. Even great Ulama who are men of profound Ilm and Taqwa also err. The retractions issued by sincere Ulama testify to the truth we are saying here.

The gravest threat for the Shariah and the Ummah in this age is not the deviant modernists –the mulhideen. The danger is the liberal molwi whose goal in life is this dunya, not the Aakhirah. About them, Rasulullah (sallallahu alayhi wasallam) said:



“Verily, I fear for my Ummah the Aimmah-e-Mudhilleen.” That is, those ‘scholars’, ‘sheikhs’, imams and ‘molwis’ who will lead the Ummah astray with their concocted views of the Shariah. Today, there is a mass production of such mudhilleen. A salient sign by which they may be detected is their leaning of admut taqleed. Their endeavour is to legalize baatil with a patchwork of dalaail woven from principles, teachings, exceptions and obscurities drawn from all Math-habs. The conspiracy is to structure a new ‘shariah’ which is so spacious that every norm, concept and cult of kuffaar, especially western society, can be accommodated. However, they are doomed to failure because Allah Ta’ala, Himself has undertaken the responsibility of safeguarding His Immutable Shariah: “Verily, We have revealed the Thikr and verily We are its Protectors.” (Qur’aan)