JUSTIFICATIONS FOR COPYRIGHT AS A PROPRIETARY INTEREST UNDER ISLAMIC LAW: A MASALAHA MURSALAH APPROACH
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Copyright is a specie of intellectual property rights having
recognition and protection under the Shari'ah has been
subjected to jurisprudential debates among scholars. This
is due to the fact that it was not explicitly recognised by the
classical principles of the law but rather developed out of
analogical deductions canvassed by the classical and
contemporary Muslim jurists. The paper explores the
recognition afforded to copyright in Islamic law based on
the doctrine of Property exceptionalism, permissible
intangible property and at later its justification based on...
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