When
tracing the propositions contained in the Qur'an or al-Hadith,
copyright issues don't have evidence or explicit Foundation of nash.
This is because the idea of recognition of copyright itself is a new
issue that has not been known before. Nevertheless, implicitly, the
protection of copyright in Islamic law. This is because the concept
of rights itself in the perspective of Islamic law, not raw and
thrive in a flexible and permanent implementation would depend on the
circumstances.
Review
the issue of copyright in review islam, the writer will begin by
discussing the views of Islam itself. The rights of (al-haqq)
etymologically means belonging; statutes and certainty. According to
terminology, there are several notions of Rights expressed the
scholars of fiqh. Some of the scholars mutaakhkhirin (later
generations) the right is a law that has been set by syara. Sheikh
al-Khafifi (the fiqh scholars Egypt) perceive it as a benefit
obtained by syara. az-Zarqa Mustafa Ahmad (fiqh scholars by Syria
Jordan) defined it as a specificity that it established a power.
syara Shorter again, Ibn Nujaim (d. 771 1563 M/H) expert fiqh Hanafi
Madhhab defined it as a specificity that is protected.
Teungku
Muhammad Hasbi ash-Shiddieqy shared a sense of entitlement to two
sections, namely the notion of specific and General. The rights are
specifically defined as
a
set of rules and nash set the basics which must be obeyed in respect
to our fellow human beings, both regarding individual (person), nor
about wealth
power
mastering something or something which is obligatory for a person
over the other. While haq according to Gus Zarqa 'perspective:
' Specificities recognized by Islamic jurisprudence, be it in the
form of authority or the imposition of
freedom.
'
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