Fiqh Punishment and Copyright Infringement: Reassessing Islamic Criminal Law on Intellectual Property Crimes
Abstract
Although foundational principles such as protection of property (ḥifẓ al-māl) and the right to justice (ḥaqq al-‘adālah) are well established within Islamic legal discourse, significant ambiguity persists regarding the classification of intellectual property rights violations. This study seeks to critically re-examine the notion of discretionary punishments (ta‘zīr) and reconsider appropriate sanctions for individuals involved in intellectual property crimes. It articulates the principles of Islamic criminal sanctions in relation to copyright, understood as legitimate authorship rights (ḥaqq al-ta’līf). This study discursively reconceptualizes piracy not only as intellectual theft (sariqah fikriyyah) but also as a violation of protection of property and sanctity of creative work (ḥurmah al-‘amal al-ibdā‘ī). The findings indicate that the multifaceted issues related to intellectual rights are influenced by economic factors, technological advancements, and a widespread culture of 'copying rights, which compromises both the moral and economic rights of creators. This study argues that Islamic legal discourse has substantive implications for reformulating the criminal sanction system related to copyright offenses, thereby rendering it more quantifiable and responsive to the contextual needs of the public interest (maṣlaḥah ‘āmmah). This study contributes to the global discourse on intellectual property governance by demonstrating the enduring relevance of Islamic criminal law in addressing contemporary challenges associated with the digital knowledge economy.
Keywords
Copyright
Copyright Holder: Izhar Arjuna
Copyright Year: 2026
License: Creative Commons Attribution 4.0 International License