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AuthorElmahjub, Ezieddin
Available date2024-01-21T06:09:09Z
Publication Date2023-09-12
Publication NameResearch Handbook on Intellectual Property and Moral Rights
Identifierhttp://dx.doi.org/10.4337/9781789904871.00011
CitationElmahjub, E. (2023). "Chapter 3: Islamic legal philosophy and moral rights". In Research Handbook on Intellectual Property and Moral Rights. Cheltenham, UK: Edward Elgar Publishing. Retrieved Jan 21, 2024, from https://doi.org/10.4337/9781789904871.00011
ISBN9781789904871
URIhttp://hdl.handle.net/10576/50928
AbstractMoral rights have well-established theoretical justifications in Western philosophical taught. Western moral and political philosophy influenced the global recognition and development of moral rights protection. In the Islamic world, copyright legislation copied European norms of moral rights, and academic commentaries made little effort to provide theoretical justifications for moral rights protection from an Islamic perspective. This chapter takes up this task in two steps. First, it shows that Islamic legal philosophy offers normative theories that recognize moral rights as a fair reward for intellectual efforts and as rights compatible with human nature to possess external objects. Second, the chapter shows that despite the lack of formal recognition for moral rights in the history of Islamic law, Muslim authors extensively practised ethics of authorship akin to the underlying ethics of moral rights as we know them today. They documented their belief in religious duty to respect the moral rights to attribution and integrity in both religious and non-religious literature.
Languageen
PublisherEdward Elgar Publishing
SubjectMoral rights
Copyright
Islamic law
Jurisprudence
Islamic natural law
Authorship
TitleIslamic legal philosophy and moral rights
TypeBook chapter
Pagination48-59
dc.accessType Abstract Only


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