Hidayatun Nahw and Shariah Program

[faisal ahmad]

http://kalamullah.com/copyright.html

[mujahid7ia]

The blogger is in the U.S. As such, see the following as it is relevant: http://c4sif.org/2011/11/copyright-is-unconstitutional/

(if you are unfamiliar with how Law works in the U.S., you will not be able to see why it is relevant to the discussion)

I think there are many good points made in that article, but it does not seem to be the position taken by most case law. I think it would be an interesting question for fatwa whether it would be permissible to act upon a possibly more legally sound (in terms of US law, although only an experienced IP lawyer involved in academia should judge that IMO) interpretation rather than that of the majority of judges (as it seems from most IP cases).

But it does seem more likely that when the Shari'ah obligates us to follow "the law", it would mean the "the law" as commonly applied. (Correct me if I'm wrong.)