Inspite of the mas’alah of copyright being quite simple and straightforward, the liberal Molwis have kicked up considerable dust around it. With their plethora of interpretations and personal opinions, they have made this question appear to be of an intricate kind. In fact, their argumentation has made it appear to be intractable. The simplicity of the question can be gauged from the quick and brief disposal of it by the Akaabir Ulama such as Hadhrat Maulana Rashid Ahmad Gangohi, Hakimul Ummat Maulana Ashraf Ali Thaanvi, Hadhrat Mufti Muhammad Shafi (rahmatullahu alayhim) and others.
The seminar Molwis have written among themselves a couple of hundred pages of rigmarole dalaail (arguments and proofs) to substantiate their view of copyright being a valid tradable commodity In fact, one Molwi Saheb wrote about a dozen pages on the intricacy of the meaning and definition of the word ‘thing’ (shay’) which renders the whole exercise amusing. The entire effort of the liberal Molwis in regard to the copyright question is directed to proving two claims:
(1) That copyright and similar other kuffaar created ‘rights’ are maal (just like tangible or physical commodity), hence trading in these ‘rights’ (i.e. buying and selling these rights) is lawful terms of the Shariah.
(2) That the registration of copyright and reservation of all rights of printing and publication for the author or his agent or to the purchaser of his copyright, are to prevent harm to the author.
To prove the first claim, they descended to ridiculous levels of interpretation, introducing in the process a confusion of examples and definitions from all Math-habs to substantiate their concoctions. This style of argument displays the lack of valid basis for the fabrication of copyright.
In the following pages of this book, it has been, Alhamdulillah, shown that copyright is not maal; it is not even a valid right, and to prevent anyone from printing a book is to prevent him from the lawful right the Shariah grants him. Since copyright is neither tradable commodity nor a valid right recognized by the Shariah, all transactions associated with it are haraam. Buying, selling, registering and reserving copyrights and preventing others from printing a book which they have acquired lawfully are all unlawful and haraam.
In addition to the aforementioned sinful acts related to copyright, it interferes with the mission of Risaalat. It hinders Da’wat and Tableegh. In this way the ‘owners’ of the imaginary copyrights are actively involved in an endeavour to block the vital avenue of the Deeni, viz., Da’wat and Tableegh, be it unintentionally, and not by deliberate design. It is not hidden from any person of even a little understanding that the only motive for the desire to confer legality to copyright, is pecuniary greed, nothing else. But it is unlawful to satisfy the dictates of this despicable attribute when its pursuit involves infringement of the rights of others and interference with the goals of Ilm, which are Da’wat and Tableegh.
The desperate attempt of the liberal Molwis is to abrogate the Shar’i conception of maal so as to bring the imaginary kuffaar-spawned copyright within the scope of the new definition of ‘maal’. Only in this way will all the unjust and baatil acts associated with copyright attain legal status in the Shariah. This exercise has constrained the liberal Molwis to organise expensive ‘seminars’ at huge costs to discuss and issue fatwas on a simple issue which the Akaabireen disposed of within their huts, on the basis of solid Shar’i dalaail unlike the incongruous volume of interpretations acquired after fishing in a variety of domains of the different Math-habs. Yet they profess to be followers of the Hanafi Math-hab.
They have miserably failed to present convincing arguments for their claim of copyright being maal because the meaning of maal is too well known and entrenched in the Shariah. According to the Qur’aan, the Ahaadith and the fourteen century Urf, maal is only tangible commodities, not rights and benefits, let alone imaginary rights such as kuffaar-conceived copyrights. They have laboured in vain to prove that the fourteen-century Shar’i concept of maal stands abrogated by an urf (prevalent practice) spawned by the kuffaar on the basis of western economic concepts. In this dastardly attempt they have elevated ‘prevalent custom’ above even the Qur’aan and Sunnah. As a consequence of the infinite latitude they have aberrated into the Shar’i concept of Urf, the advocates of liberalism, who most unfortunately are all Molwis, have brought many established Usool (Principles of Islamic Law) under their hammer of mutilation.
In their exercises of reinterpretation of Shar’i principles, they have elevated themselves above the lofty and sacred pedestal which the illustrious Aimmah-e-Mujtahideen and the noble Fuqaha-e- Mutaqaddimeen occupy in the firmament of Ilm-e-Deen and in the hearts of the Mu’mineen. They have most despicably pitted themselves against the mighty Towers of Uloom and have arrogated to themselves the right to strike down the concepts of the Fuqaha on the basis of a contemptible ‘urf’ of greed and lust which is the natural consequence and necessary corollary of the godless cult we term westernism with its monopolistic economic system called capitalism.
Inspite of their skulduggery and technical gymnastics with words, principles and definitions, they have miserably failed in the attempt to skittle the immutable principles of the Shariah evolved by the illustrious Aimmah and Fuqaha on the basis of the Qur’aan and Hadith. Their whole case in favour of copyright and other Jahiliyyah rights being tradable commodities falls flat. They have no basis other than their whimsical opinions inspired by their awe for the illusionary glitter of westernism with its material and technological progress. The superficial facade of success of the economic system of capitalism with its banking structure gripping the throat of mankind by having grabbed all the natural resources which Allah Ta’ala has placed at the free disposal of Insaan –resources for which man does not have to pay money—has intoxicated the liberal Molwis of India and Pakistan who have therefore resolved to bestow sacred and Shar’i recognition to just every haraam and baatil practice of riba spawned by the concepts of kuffaar.
To achieve this pernicious objective, they have unearthed, redesigned and reinterpreted the Shar’i principle of Urf, opening for it such a wide portal through which all kuffaar trade concepts and riba practices could be admitted to find accommodation under the Canopy of the Shariah. Insha’Allah, a separate treatise shall be prepared in rebuttal of the concept of ‘urf’ conjectured by the liberal Molwis of India and Pakistan who have established vehicles of operation such as ‘fiqh academies’ and similar other ‘institutes of studies’ to give respectability to, and gain the Ummah’s recognition for their liberal ‘fatwas’. These institutes of liberalism must, Insha’Allah, fall by the wayside to become flotsam in Islam’s voyage on the ocean of history.
In their self-induced confusion in which they became entrapped, they aver that copyright belongs to that category of Shar’i rights which has come into existence by the command of the Shariah for the purpose of protecting a person from harm. These rights ward off probable harm. This is termed dafa’ dharar. Similarly, they claim that copyright is necessary to prevent dharar. And, the ruling regarding the rights of this first category, the votaries of copyright acknowledge, is impermissibility to buy and sell any such right. Inspite of themselves having assigned copyright to this category of rights, they illogically deny the hukm of prohibition which the common illat dictates. This irrational attitude clearly reveals the ulterior nafsaani agenda of the votaries of copyright.
All their mental and intellectual flouncing in the endeavour to prove the validity of their list of Jahiliyyah Huqooq (Rights of Ignorance), has failed to produce the necessary substantiation for according Shar’i validity and acceptability to these rights based on kuffaar concepts and kuffaar ‘urf’. In plain and simple terms: their case falls flat, devoid of Shar’i substance and bereft of any moral and spiritual goodness whatsoever. Any concept, practice or ‘fatwa’ lacking a moral and spiritual base is outside the fold of this sacred Shariah – even beyond its Fiqhi dimension – since the thrust of this Immutable Shariah is the cultivation of Taqwa for the acquisition of Divine Pleasure and immediate Najaat (Salvation) with the advent of Qiyaamah. This goal of Insaan’s existence on this transitory earthly abode cannot be achieved by fixing this dunya with its allurements and kuffaar cults and practices – kuffaar urf – as the maqsad of life.
The Maqsad of the Mu’min’s life is the Aakhirah. This Goal cannot be attained without devotion to the Shariah and without sacrifices which are imperative requirements for progress along Siraatul Mustaqeem. Part of the sacrifice to gain Allah’s Muhabbat, is to divert the focus of the heart from the financial strides and financial empires of the capitalist kuffaar. Commanding this diversion of focus, the Qur’aan Majeed orders: “Do not stretch your eyes (gaze) towards the (worldly bounties) which We have (temporarily) bestowed to the different groups (of kuffaar) nor grieve over them. (On the contrary) lower your wing for the Mu’mineen.” (Surah Al-Hijr, aayat 88)
The wretched endeavour to scrounge for dalaail in the sacred preserves of the Warathatul Ambiyaa – the Fuqaha – for accommodating all the riba practices excreted by the kuffaar concepts and theories of western capitalism, is in diametric conflict and negation of the command and spirit of this Qur’aanic aayat. A practice which has come into vogue among Muslims, has to be incumbently addressed on the Shar’i principles of Islam which are not confined to barren juridical (fiqhi) precepts and principles. These Principles of Islam consist of a combination of Fiqhi, Akhlaaqi and Roohaani precepts all tuned for directing the mind and heart of the Mu’mineen to the Maqsad of Aakhirah.
The intention of the Fuqaha in the evolvement of Fiqhi principles was never to open up avenues and portals for the admission of the norms, ideas, practices and concepts of the slut cults and cultures of kufr, shirk and crass materialism which have as their goal nothing but the defective comforts and lustful pleasures of this perishable world. All morality and humanity are sacrificed and thrown overboard by these cults in the struggle to achieve these nafsaani goals. The liberal academy and seminar Molwis of India and Pakistan are operating in the hallo of the deceptive light cast by the capitalist cult, hence the insane stampede to offer respectable accommodation within the Edifice of the Shariah to all the riba practices and transactions which are now flourishing in Muslim societies which have recklessly abandoned the restrictions of the Shariah on the basis of a distorted perception of the Mas’alah of Urf. Insha’Allah, in a future treatise we shall show that viable and valid Urf has no relationship with the ‘urf’ of the kuffaar – an urf which requires abandonment of the sacred Shariah and Sunnah of Islam.
The ‘fiqh academy’ Molwis of India and Pakistan have initiated a pernicious effort which portends a massive re-interpretation of Islam to tear the sacred Shariah from its divine moorings and latch it to the vicissitudes of the glittering capitalist world. These Molwis have to be warned of the mistaken route they are plodding. They should realise that their true Office requires them to discharge the incumbent duty of Amr Bil Ma’roof Nahy anil Munkar. Their function is to guard the sacred Shariah and block every avenue for any incursion into the domains of this Deen by the alien forces of kufr and ilhaad. They are conducting themselves most despicably by posing as agents of capitalism to ensure admission for the concepts of westernism into the fabric of Muslim society. Not a single Muslim’s Rizq is tied to copyright, patency right, leasing right and the host of Jaahiliyya ‘rights’. The worldly provisions and sustenance of Muslims and of the kuffaar as well, are the Responsibility of the Being Who has created the mouth and the stomach. The Mashaaikh have taught us:
“On us is the obligation to worship Him as He has commanded, and on Him is the obligation to feed us as He has promised.”
In His glorious Qur’aan, Allah Ta’ala declares: “Innumerable are the creatures (of Allah) who do not carry their rizq on their backs. We (Alone) feed them and (We feed) you (O mankind!).”
This Ummah is not in need of riba practices to sustain its members in this earthly sojourn. The Shariah is adequate for Muslims. The Molwis only need to acquit themselves honourably by disseminating the unadulterated Haqq. They have no licence whatsoever to present kuffaar concepts and practices to the Ummah on a platter painted with Shar’i hues, but bereft of Shar’i substance. The franchise names of MacDonald’s, Kentucky and Nandos, the patency rights of the atheist inventors of the products of technology and the copyrights of the vile and slut literature of the western world can never be extended to Islamic trade and commerce under the fictitious guise of this immoral ‘urf’ being acceptable Shar’i Urf. The Ummah is not in need of the spiritual and moral muck of the western world, for which the liberal Molwis of India and Pakistan have opened up a gateway.
The liberal Molwis of India and Pakistan with their leanings, in fact covert embrace of Admut Taqleed, constitute a danger for the Ummah. Instead of involvement in the moral and spiritual development of the Ummah, they further solidify the spiritual diseases which have ruined Muslims by giving impetus to riba practices with their corruptive fatwas of jawaaz. It is indeed the conflagration of moral diseases which has impaired the intellect of the Molwis who squander their time, energy and other resources of Muslims in the destructive exercise to find dalaail for the ‘validity’ of kuffaar concepts to entrench in Muslim society the capitalist economic system with its riba malpractices. On the basis of such corrupt ‘fatwas’, kuffaar ‘urf’ is introduced into Muslim society. The dividing line between Islamic practice and kufr practice then becomes so blurred and inconspicuous that Muslims begin to believe that the adopted alien ‘urf’ is a valid urf which is acceptable to the Shariah.
In this ‘enlightened’ era of technological advancement, the fortuitous and lamentable juxtaposition of the liberal Molwis of India and Pakistan alongside the mulhid modernist reinterpreters of the Shariah, constitutes the single greatest menace for the Ummah and the Deen. They have become birds of the feather peddling the same mission of subverting the Immutable Shariah of Islam. It is for this reason that the liberal Molwis pipe the very same theme which the modernist juhhaal (ignoramuses) have fixed as the basis for the reinterpretation of Islam, viz., the Shariah is not immutable and its principles are the product of man’s reasoning – the ijtihaad and qiyaas of the Fuqaha. This is their common base for the reinterpretation of the Shariah. Islam today, therefore, faces this grave twin-threat – the menace of the liberal Molwis and the menace of the modernist mulhideen. Of the two, the menace of the liberalism of the Molwis by far outweighs the threat of the modernist mulhideen because they operate from within the fold.
The liberal Salafi cult of Admut Taqleed has seriously tarnished many Molwis of Pakistan and India. It is this disease which bestowed the audacity to a puny Molwi Saheb of this era to say without thinking: “On reflection, it will be realised that there is no weight in this istidlaal of Shaami.” Again it is only the disease of Admut Taqleed which can constrain a puny Molwi to declare with audacity –without the slightest degree of inhibition: “On account of not accepting Manaafi’ (benefits) to be maal, the Ahnaaf have been constrained to proclaim many transactions to be ‘khilaaf-e-qiyaas’(in conflict with reason). It is obvious that to proclaim a Hukm of the Shariah to be khilaaf-e-qiyaas is in conflict with Asl (the actual principle underlying a hukm). This is acceptable only in the degree of majburi (dire need).”
This poor Molwi has abdicated with the idea that he possesses such a lofty rank of Ijtihaad fil Math-hab which puts him on par with the Aimmah-e-Mujtahideen. Hence, he feels confident to sweepingly strike down a fourteen-century Ruling of the Ahnaaf –a ruling which has been upheld by countless Fuqaha of the highest rank. It is only the spiritually debilitating disease of Admut Taqleed which induces a non-entity to make the wild allegation: “Those Fuqaha (of the Hanafi Math-hab) who were harsh in the definition of maal were compelled by urf to adopt the path of relaxation (in their harshness). They had no option other than to proclaim lawful i’tiyaaz (monetary exchange) for some rights……..”
The Fiqh Academy Molwis of India and Pakistan should take note of their own insignificance. In relation to the Aimmah-e-Mujtahideen – no, in relation to the Fuqaha-e-Mutaqaddimeen – no, in relation to the Fuqaha-e-Mutakh-khireen – no, in relation to our illustrious Akaabireen of recent years such as Hakimul Ummat Maulana Ashraf Ali Thaanvi and his immediate Asaatizah and others of this rank, the whole conglomerate of Fiqh Academy Molwis, holds no rank. They are mere Atfaal-e-Maktab (infants of a nursery school) when viewed against the glittering Backdrop of the Golden Silsilah of Fuqaha who constituted the first and foremost Links in the Roohaani, Akhlaaqi and Ilmi Chain protruding from the Mubaarak Breast of Rasulullah (sallallahu alayhi wasallam).
Anyone who dares attribute nonsense to the Fuqaha needs his tongue ripped out. Anyone who claims that in his raai (opinion) the Usool evolved by the Aimmah-e-Mujtahideen are bereft of divine immutability displays signs of mental and intellectual derangement which are the initial stage of divine punishment for wagging the tongue unabashedly and audaciously against the highest category of Auliya of Allah Ta’ala, namely, the Fuqaha who were the illustrious Warathatul Ambiyaa (Heirs of the Ambiyaa), immediately after the Sahaabah. These humble and sinful servants standing up in defence of the sacred Shariah whose sacred Edifice was established by these Fuqaha, lay no claims to piety or knowledge. We are what one Buzrug said: “I love the Saaliheen although I am not one of them. Perhaps Allah will bestow reformation to me by virtue of this love.”
The paucity of even the textual knowledge of the Fiqh Academy Molwis added to their spiritual barrenness is conspicuously manifest when studying their book, Jadeed Fiqhi Mabaahith, prepared by the founder of their Academy, viz. Maulana Mujaahidul Islam Qaasimi (rahmatullah alayh) who had regretfully opened up the avenue of Admut Taqleed for his followers. His leanings towards Admut Taqleed are conspicuous from his opening address to the Fiqh Academy seminar on the question of the sale of rights such as ‘copyright’ for which the seminar was organised in particular. The tenor and trend of the talk and argumentation of the liberal Molwis associated with the Fiqh Academy display their hidden agenda. Although it is not a simple task in the environment in which they flourish, to outrightly shrug off their overt Taqleed of the Hanafi Math-hab in which they were born, bred, nourished and educated, they subtly and slowly open up to reveal their true colours of Admut Taqleed. Even a cursory perusal of what Maulana Mujaahidul Islam (rahmatullah alayh) has written in the Fiqh Academy’s book, Jadeed Fiqhi Mabaahith, leads one to conclude that he had set himself up as a Mujtahid. The other Academy Molwis, in emulation of their leader, display the same symptoms of Admut Taqleed, in their articles on the question of Jaahiliyyah rights created by kuffaar concepts and given Shar’i ‘urf’ status by the proponents of copyright.
In their endeavour to assign into oblivion the fourteen-century verdicts of the Fuqaha-e-Ahnaaf, based on Qur’aanic and Hadith principles, or to dent the credibility of the immutable principles of the Shariah formulated by the Aimmah-e-Mujtahideen, the Fiqh Academy Molwis have succeeded in only demonstrating the shallowness of their understanding of the issues they have brought up for discussion, as well as their shallowness of comprehending the transcendental value and permanency of the Usool of Fiqh formulated by a noble Species of Warathatul Ambiyaa, created by Allah Ta’ala for the exclusive edification of the Qur’aanic declaration:
“This Day have I (Allah) perfected for you your Deen….”
This Aayat-e-Kareemah effectively and everlastingly closed the door of any stupid ‘ijtihaad’ which brings into question any of the Usool of the Math-hab which the Students of the Sahaabah had evolved on the authority of Rasulullah (sallallahu alayhi wasallam) transmitted to them by their august Asaatizah. That sacred Door has been sealed shut and will remain shut until Qiyaamah, not admitting the slightest mutation in the immutable Principles of the Math-hab evolved by those Fuqaha who were the authorities in the Field of Ijtihaad fil Math-hab. By Allah! A perusal of the methodology of the Fiqh Academy liberals will convince the Aalim of understanding that these Molwis lack the ability of even ijtihaad in the constantly developing new furoo-aat. This is a sphere in which the Ulama-e-Haqq have no option other than to operate in the quest of finding true Shar’i answers and solutions for day to day new developments which have to be incumbently disposed off on only the basis of the immutable principles handed to us fourteen centuries ago by the Aimmah, and which are divinely attested to for authenticity by the Qur’aan Majeed itself.
No Aalim in this age has the right to conduct himself stupidly by submitting the very foundational principles on which the Furoo-aat of the Deen are based, to his shallow opinion, and then arrogantly proclaim: “In my raai…” It is only a man who suffers from oblique intellectual and spiritual vision and perception who will dare demonstrate his jahaalat by putting up the very Usool for auction at an academy whose very existence was inspired by the devious concept of Admut Taqleed.
Instead of weighing the confounded kuffaar concept of baatil rights inimical to the teachings and spirit of Islam, on the criteria of the accepted Principles of the Shariah, the liberal Molwis examined, dissected and reinterpreted these very sacred Usool with their shallow raai (opinion), injecting into these principles unacceptable latitude – and for what? Purely for accommodating with jawaaz (permissibility) the waste matter let off by the brains of kufr.
After the golden age of the Aimmah-e-Mujtahideen, the Ummah was never in need of the puny ‘mujtahideen’ who every now and again pop up in the annals of Islam only to be swept aside by the eternal Haqq with which Allah Azza Wa Jal safeguards His Immutable Shariah from those who crave to carve a niche of recognition for themselves. In the ludicrous endeavour to promote the kuffaar concept of stupid baatil rights in the interest of the monetary cravings of a tiny group of Muslim capitalists, the Fiqh Academy Molwis have attempted to rock the Ship of Islam to shed off the ‘encumbrance’ of the Divine Fiqah which places severe constraints on the manoeuvrability of brains which seek to be unshackled from the Prison of the Shariah.
However, unlike the professed Salafis who flagrantly display their insolence towards the Aimmah-e-Mujtahideen, the Fiqh Academy Molwis, proceed about their Admut Taqleed plot, quietly and subtly, citing copiously from the works of the illustrious Fuqaha – indispensable Works from which no one can ever declare independence until the Day of Qiyaamah. But, their nefarious aims are discernable to those who cannot be duped by any type of subterfuge, Alhamdulillaah! These Molwis who flaunt high-sounding Ilmi titles, prowl within the sphere of the Hanafi Math-hab to unearth obscure and discarded statements and views of some Fuqaha in their dastardly attempts to scuttle the Fiqah of the Ahnaaf, and to skittle the very Qur’aanic concept of the immutability of the Shariah. If they are allowed to succeed in this despicable exercise, they will facilitate the task of kufr re-interpretation of the Deen – a conspiracy in which the juhhaal western-educated modernists are perennially involved.
In our humble bid in the execution of our obligation of Amr Bil Ma’roof Nahy Anil Munkar, we deem it imperative to issue a detailed refutation of the khuraafaat (utter drivel and arrant nonsense) which the Fiqh Academy Molwis have written in the book, Jadeed Fiqhi Mabaahith. If Allah Ta’ala wills and He grants these worthless servants of His Deen the taufeeq and the required ability, we shall, Insha’Allah, not fail to stand up in defence of the Aimmah-e-Mujtahideen and the Fuqaha-e-Ahnaaf in particular, to whom the Fiqh Academy Molwis have subtly attributed the existence of the Divine Shariah in the futile and reprehensible exercise to raise a new ‘shariah’ based on their shallow ‘ijtihaad’ structured on the ‘urfi’ practices and customs spawned by the concepts, ideals and cults of the western kuffaar in particular.
This treatise which we present to the Ummah deals in brief with the concept of Jaahiliyyah rights which the Fiqh Academy Molwis have elevated to the pedestal of Shar’i rights. This treatise is a discussion on a narrow scale of the issues churned up by the Admut Taqleed Molwis of the Fiqh Academy. The need is to respond in detail to every item of confusion and dubiosity which the Fiqh Academy Molwis have related to the corpus of Hanafi Fiqah. The responsibility of safeguarding Islam is Allah’s. It does not rest on our shoulders nor on the shoulders of any group of Ulama or individual Aalim of the Haqq. Allah Ta’ala guards His Deen with its immutable Shariah in His own Beautiful and efficient manner. If we are unable to thoroughly trounce the flouncing nonsense on which the Admut Taqleed league of Molwis have embarked, Allah Ta’ala has better Men in the field, and He will create nobler Souls, to uphold His Shariah. It is essential that all concerned in this issue, both the Fiqh Academy Molwis and the silent Ulama-e-Haqq who shy away from their duty lest feathers are ruffled, refresh their memories with Rasulullah’s (sallallahu alayhi wasallam) proclamation:
“There will ever remain a Taa-ifah of my Ummah, who will fight on the Haqq until there comes the Command of Allah (Qiyaamah). Those who oppose them or refrain from assisting them (the Ulama-e-Haqq) will not be able to harm them……..”
May Allah Ta’ala show us all the Straight Path of Guidance and save us from the evils lurking in the nafs and from the snares of Haitian. And Allah knows best what our respective missions in life are.
MUJLISUL ULAMA OF SOUTH AFRICA
P. O. Box 3393
Port Elizabeth 6056
South Africa 20th Zil Qa’dh 1425 (2nd January 2005)