Ruling on buying study notes for which the owner has not given permission for them to be copied and sold

My relative is asking me this question and is waiting for a response.
She has tests and she was making copies of notes belonging to another girl who had notes on a subject that my relative does not have. 
When she asked her permission to copy the notes she had, the other girl apologised and said that the notes did not belong to her. When the girl left, my relative was surprised when the library worker gave her papers that were copies of the other girl’s notes. My relative took them and paid for them, but she does not want to start revising from them until she finds out the ruling. Please note that the notes are in her house right now, and I believe that they are the only source she has for revising this subject and she does not know the girl who owns the original notes.

Praise be to Allaah.

What the library worker did of copying the notes without the owner’s permission is a transgression and wrongdoing. It is not permissible for one who knows the situation to copy or buy these notes; if he does so, then he is a partner in the transgression and sin. Intellectual property rights — such as written works and inventions — are protected and belong to the authors; it is not permissible to transgress against them. For more information, please see the answer to question no. 129191

Based on that, your relative does not have the right to make use of these notes; rather she should return them to the library and get her money back. And she should advise the library worker and point out her mistake to her.

If she needs notes on this subject, she should look for them among her friends or in other libraries.

And Allah knows best. Continue reading

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Making copies of tapes and disks without permission

If a person photocopies a book or make a copy of cd without a permission of the author or the company even if the author or the company are not muslims. Is it halal or haram.

Praise be to Allaah.

Making copies of books or disks for the purpose of selling them or to cause harm to the original author is not permissible. But if a person makes a single copy for his own use, then we hope that is o.k., even though it is better and preferable not to do it. Continue reading

Ruling on printing books of the salaf or contemporary scholars and selling them – is it essential to have permission?

What is the ruling on printing and selling Islamic books and making a profit from this? Like the books of the scholars of the Salaf (early generations) and also the books of the recent scholars who write these books so that people benefit from them and not for profit. Is making profit from these books not my right? I have read the answers regarding the intellectual property rights, but I need more explanation.

Praise be to Allaah.

Firstly:

Copyright is one of the intangible rights that are protected by sharee’ah, as has been explained in the answer to question no. 26307Continue reading

A company does assignments for students with the permission of the University

We work for a company that does assignments for students of a particular university. This is with the permission of the university itself, without forcing students to hire the company to do their assignments. Is the money that we earn from doing their assignments haraam?.

Praise be to Allaah.

The aim of the assignments or projects that students have to do is to train them in work and test their ability. So the students themselves have to do them, and it is not permissible to prepare them for them, whether that is in return for payment or not, because that involves deceit, lying and corrupting young people, and it lets weak students graduate who do not deserve to graduate.

The university cannot allow students to buy such assignments for money and then give grades and certificates based on them.  Continue reading

Should a boss agree to give permission to an employee who is cheating on the company’s time?

Some employees leave work to deal with some other personal interests that have nothing to do with the job. They ask their boss for permission to leave, and they make up excuses which may or may not be convincing. If the boss knows that these excuses are not true, is he sinning if he agrees to give the employee permission to leave?

Praise be to Allaah.

It is not permissible for the boss or manager of the department, or whoever is acting in their stead, to agree to anything that he thinks is not right. He has to check on the matter. If there is any need for this request due to an urgent need and if giving permission will not affect the work, then it is OK. But if he knows that an excuse is false or he thinks it is most likely to be false, then he should not give permission and should not agree to it, because that is a betrayal of trust and a lack of sincerity towards the one who put him in this position of trust and towards the Muslims. Allaah says (interpretation of the meaning):

“Verily, Allaah commands that you should render back the trusts to those, to whom they are due” [al-Nisaa’ 4:85] Continue reading

She took a ring from her mother without permission and lost it

One day I took a ring from my mother without her knowing, and by mistake I lost it. I was looking for it and I did not tell her that I had taken it and lost it. Please note that I was only twelve years old. Now I regret it deeply and I want to expiate for my sin. What should I do? Please advise me, may Allaah reward you with good.

Praise be to Allaah.

You did a mistake when you took the ring without permission and when you did not tell your mother after you lost it. What you have to do now is to tell your mother and ask her for forgiveness, and to compensate her with a ring like the one that she had. Because whoever takes the property of someone else without permission is a robber or one who seizes property unlawfully, and he must replace what he has taken. If this was done at a young age, below the age of adolescence, then the burden of sin is lifted, but the obligation to replace the item still remains, because the scholars have stated that a child must replace things that he has destroyed and make up for the loss in value that may have affected the things he took, then return them (to their owner).

But if you think that telling her about this will most likely lead to a breakdown in relations or problem between you, then simply give her a ring, even if it appears to be a gift.

And Allaah knows best. Continue reading

Ruling on giving medication and seeking the patient’s permission

What is the ruling on giving medication in Islam, especially in cases of diseases where there is no hope of a cure? Is it necessary to obtain the patient’s permission before giving treatment, particularly in emergency situations?

(1) Giving medication

The governing principle is that it is allowed to give medication, because of what has been narrated to this effect in the Qur’aan and Sunnah, i.e., the words and deeds of the Prophet (peace and blessings of Allaah be upon him), and because it involves saving lives, which is one of the overall aims of Sharee’ah.

Rulings governing the giving of medication differ according to the circumstances and people involved:

§ It is obligatory in cases where not giving medication could cause death, disability or the loss of a limb, or where the sickness is bound to spread if not treated, as in contagious diseases.

§ It is encouraged in cases where not giving medication may weaken a person physically, and it is not as bad as the cases mentioned above.

§ It is allowed in cases which are not covered in the two preceding categories.

§ It is discouraged in cases where the treatment could lead to complications that are worse than the original complaint. Continue reading

Can he pay his father’s zakaah without his permission?

My father does not pay his zakaah regularly or work it out properly. Is it permissible for me to take some money from him with any excuse and pay it as zakaah on his behalf without his knowledge? Please note that I have spoken to him about this matter before and he did not listen.

Praise be to Allaah.

Firstly:

Zakaah is the greatest of the pillars of Islam after the Shahaadatayn and prayer, hence the one who withholds it is committing a grave sin which is one of the major sins.

Secondly:

Because zakaah is an act of worship, it is not valid unless it is done with the proper intention on the part of the one who does it, because the Prophet (peace and blessings of Allaah be upon him) said: “Actions are but by intentions.” So he has to pay it himself, or give it to someone to pay it on his behalf.

If a man gives money in charity but he does not intend that to be the zakaah of his wealth, then he wants to make it the zakaah of his wealth, that is not valid, because he did not have the intention of paying zakaah at the time when he gave the money.  Continue reading

Is it obligatory to ask for one’s parents’ permission in order to go for Hajj?

Is it obligatory to ask for one’s parents’ permission in order to go for Hajj?.

Praise be to Allaah.

If it is the obligatory Hajj then it is not essential to have their approval or permission. Rather if they try to stop him going to Hajj and it is the obligatory Hajj, then he has to go for Hajj and not obey them, because Allaah says (interpretation of the meaning):

“But if they (both) strive with you to make you join in worship with Me others that of which you have no knowledge, then obey them not; but behave with them in the world kindly”

[Luqmaan 31:15]

And the Prophet (peace and blessings of Allaah be upon him) said: “There is no obedience to any created being if that involves disobedience towards the Creator.”

But if it is a naafil Hajj, then he should look at what is better. If his father and mother cannot do without him and cannot bear his absence, then it is better for him to stay with them, because a man asked the Prophet (peace and blessings of Allaah be upon him) for permission to go for jihad and he said to him: “Are your parents alive?” He said: “Yes.” He said: “Then your jihad is with them.” So in the case of the obligatory Hajj they should not be obeyed, but if it is a naafil Hajj, he should see what is better. End quote.  Continue reading

Asking the husband’s permission to go for Hajj

Is it permissible for a woman to go for Hajj even if her husband has not given her permission?.

Praise be to Allaah.

If Hajj is obligatory for her and her husband tells her not to go, she may do Hajj even if her husband has not given her permission. It is not permissible for the husband to forbid her to go for the obligatory Hajj. But if it is a naafil Hajj, then she should not go for Hajj without her husband’s permission.

Ibn Qudaamah (may Allaah have mercy on him) said in al-Mughni (5/35):

A man does not have the right to forbid his wife to do the “Hajj of Islam” (i.e., the obligatory Hajj). This is the view of al-Nakha’i, Ishaaq, Abu Thawr and ashaab al-ra’y, and it is the correct one of the two views of al-Shaafa’i, because it is obligatory and he has no right to forbid her to do it, as is also the case with the fast of Ramadaan and the five daily prayers. But it is mustahabb for him to ask his permission for that. This was the view of Ahmad. If he gives her permission, all well and good, otherwise she may go without his permission. In the case of a voluntary Hajj, he has the right to forbid her.

Ibn al-Mundhir said: All the scholars from whom I have learnt are unanimously agreed that he has the right to forbid her from going for a voluntary Hajj. That is because the husband’s rights are binding, and she does not have the right to ignore them for something that is not obligatory. End quote.  Continue reading