Intellectual Property in Five Schools (Of Islamic Law)

Today one of the rights has considered in academic circles is intellectual property that is possessing persons on their subjective productions. In the recent centuries, following of Industrialization of the world, intellectual productions gain economic value.   Is this right legal in Islam? Proving validity and accuracy of arguments for every juridical theory and having worldly rights to this intellectual property, all of the authors, inventors, computer programmers are those who benefit of them. Muslim jurists Whether Shiite or Sunni jurists, have two views around the legitimating of intellectual property: In the First view, jurists deny the validity of legal right of the intellectual property. In the Second view, jurists believe that intellectual property is legal. With the comparative study on the legal bases of intellectual property in standpoint of Five Schools, is specified that: justification for this intellectual system on the ground of bases includes Public interest, reasons of harmless and theory of Void area by Shahid Sadr has various errors. The most important reasons of the proponents of intellectual property is the Principle of the government’s preservation and governmental rule; and Among the reasons of opponents of intellectual property is incompatibility with law of dominance and invalidity and endorsement by the lawyer. Paying attention to critic of reasons of proponents for legitimating of the intellectual property, validity of intellectual property right is non-verifiable, regardless of rule of governor that fake for interest; therefore we pause on this problem to gain the strongest arguments.