Intellectual Property in Light of Imami Jurisprudence and Other Islamic Schools of Thought: A Comparative Study

Abstract

Intellectual property rights represent one of the most prominent contemporary issues (nawāzil) requiring profound jurisprudential grounding (taʾṣīl). This research presents a comparative analytical study of the foundations and methodologies adopted by Imami jurisprudence in establishing the legitimacy of protecting innovation rights, juxtaposing them with the positions of other Islamic schools of law. The study explores the accommodation of these rights within the conceptual frameworks of wealth (māl) and right (ḥaqq), highlighting points of convergence and divergence between Imami jurisprudence and other schools in deriving rulings concerning copyright, patents, and trademarks. Employing a descriptive-analytical and comparative methodology, the research delves into primary sources of jurisprudence (fiqh) and its principles (uṣūl) to examine universal legal maxims (qawāʿid fiqhiyyah) such as "no harm nor reciprocating harm" (lā ḍarar wa lā ḍirār), the sanctity of human labor, and the right of precedence. The study reveals that Islamic jurisprudence, across its various schools, possesses the necessary theoretical tools to accommodate and protect these rights. It identifies shared foundational principles, most notably: the consideration of usufructs (manāfiʿ) as valuable property, the prohibition of infringing upon the fruits of human labor, and the imperative of preventing harm (mafsadah) and securing benefit (maṣlaḥah). Differentiation emerges in the mechanisms of legal reasoning; Imami jurisprudence is distinguished by its reliance on the "consensus of the rational" (bināʾ al-ʿuqalāʾ) and the "ruling of the intellect" (ḥukm al-ʿaql), whereas other schools of law make extensive use of "unrestricted public interest" (maṣāliḥ mursalah) and "custom" (ʿurf). The research concludes that the common foundations among Islamic schools of law provide a solid basis for developing contemporary Islamic legislation to protect intellectual property. This demonstrates the vitality of Islamic jurisprudence and its capacity to engage with modern challenges in a spirit of integration and purposive unity.