M.A. Thesis:

Study of the Intellectual Property Status in Islamic Law

Abstract Intellectual or intellectual property rights are of special importance today, as they have a place in the world's universities and have been considered by governments due to their economic value, high taxes and rich incomes. In the Islamic world, although it has been dealt with formally and in its current form, although it has a relatively long history in the field of law, but in Shiite jurisprudence it is one of the new jurisprudential issues and jurists should rule it from the principles of Shiite jurisprudence. Extract it and provide it to the Islamic community, and Islamic jurists, including Shiites and Sunnis, have conducted research and commented on it. Some jurists of Islam have spoken in opposition and illegitimacy of the mentioned rights and have provided reasons, and some have considered it legitimate and have stated the ways of its transmission. Among the jurists there are two different theories about it. Intellectual property is not an issue that can be applied to the jurisprudential issues of contracts, and therefore, it has not been recognized. There are others who believe that the legitimacy of intellectual rights can be considered by citing arguments such as the custom and manners of the wise, the rule of no harm, the rule of correctness, and so on. Of course, in Shiite jurisprudence, there is a supreme jurist who, at his discretion, can use his authority and lead the society in the direction in which it benefits the Muslims. Keywords: Intellectual Property Law, Jurisprudential Principles, Islamic Law, Property, Opposing Arguments, Agreeing Arguments

Keywords: Intellectual Property Law, Jurisprudential Principles, Islamic Law, Property, Opposing Arguments,