Recommendations of the Federal Sharī’ah Court on Intellectual Property Rights in Pakistan: An Islamic Perspective

Rehana Anjum; Dr. Muhammad Nawaz (Al-Hasni)

Rehana Anjum Ph.D. Scholar, Department of Islamic Studies, University of Lahore
Dr. Muhammad Nawaz (Al-Hasni) Professor. Department of Islamic Studies, University of Lahore.

Keywords: Federal Shari'ah Court, intellectual property rights, Islamic law, Imām al-Shafi'i, Trade Marks Act, property rights, IPR enforcement, Pakistan

Abstract

This study examines the fundamental question: Are intellectual property rights (IPRs) compatible with Islamic principles, particularly in the context of Pakistan's legal framework? The research explores the Federal Shari'ah Court's recommendations on IPRs by analyzing whether concepts such as trademarks, copyrights, and patents can be classified as transferable and assignable property under Islamic jurisprudence. The Court undertook an independent evaluation of the Trade Marks Act of 1940 and 22 other acts due to a lack of response from religious scholars, providing a historical analysis of property concepts and determining their evolution in light of modern intellectual property. Methodologically, this research employs legal-historical analysis, drawing on Islamic jurisprudential sources, including interpretations by Imām al-Shafi'i and modern scholars, to assess the compatibility of IPRs with Shari'ah. The objective of the study is to contribute to the understanding of how modern legal concepts, like intellectual property, can be integrated within Islamic law, while ensuring compliance with Qur’anic principles. This paper also discusses the practical implications of IPR enforcement in Pakistan, focusing on gaps in legal structures and the economic impact of infringement. It concludes with recommendations for aligning Pakistan's IPR framework with both Islamic jurisprudence and international standards.