Resolution No. 43 (5/5)

Moral Rights

The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 5th session in Kuwait City, State of Kuwait, on 1–6 Jumādā al-Ūlā 1409h (10–15 December 1988),

Having examined the research papers of the Academy’s members and experts concerning Moral Rights,

Having listened to the discussions on the subject,

Resolves

First: Business name, corporate name, trade mark, literary production, invention or discovery, are rights belonging to their holders and have, in contemporary times, financial value which can be traded. These rights are recognized by Shariah; therefore, not permissible to violate.

Second: It is permissible to use and transfer a business name, corporate name, trademark for a price in the absence of any fraud, swindling or forgery, considering that it has become a financial right.

Third: Copyrights and patent rights are Shariah protected rights. Their holders are entitled to freely exploit them. It is not permissible to violate such rights.

Indeed, Allāh is All-Knowing