The correlation between Islamic Law and modern intellectual property law

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Abstract

This paper explores the intersection between Islamic Law and modern Intellectual Property (IP) law, a subject often overlooked in contemporary scholarship. The research problem centers on whether Islamic legal traditions provide a foundational basis for recognizing and regulating IP rights. The study’s aim is to demonstrate that Islamic jurisprudence not only supports the attribution of intellectual contributions but also provides conditional allowances for overriding exclusivity, particularly in public health contexts akin to IP regulations. Methodologically, this paper employs doctrinal legal analysis, drawing on classical Islamic sources (Quran, Sunnah, Ijma, and Qiyas), supplemented by case-based interpretation and comparative references to the World Trade Organization’s (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) provisions. This research contributes to the limited but growing discourse on IP in Islamic contexts (Kamali, 2021; Saeed, 2005). The study is significant for policymakers in Muslim-majority jurisdictions navigating IP reform in harmony with religious doctrine. The conclusion reinforces that while exclusivity in IP may conflict with certain Islamic ethical principles, a qualified recognition of intellectual labor exists within the Sharia framework.

Keywords: Islamic Law, Intellectual Property Law, Compulsory Licensing, Monopoly

Authors’ individual contribution: Conceptualization — L.B.; Methodology — L.B.; Investigation — M.A.B.; Writing — Original Draft — L.B.; Writing — Review & Editing — L.B. and M.A.B.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: K11, K33, O34

Received: 12.11.2024
Revised: 16.05.2025; 23.06.2025
Accepted: 16.07.2025
Published online: 18.07.2025

How to cite this paper: Barqawi, L., & Abu Baker, M. (2025). The correlation between Islamic Law and modern intellectual property law. Corporate Law & Governance Review, 7(3), 19–27. https://doi.org/10.22495/clgrv7i3p2