Master'sOpen Access

The alms of intellectual property rights

2023
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Advisor: Prof. Dr. Davut Yaylalı

Abstract (EN)

Zakah is one of the conditions of Islam. However, since zakah has a financial dimension, it is not only a matter of worship, but also a situation that varies according to economic indicators. In our classical İslâmic law books, only the zakah of the economic values available as of the period of writing is mentioned. However, economy and economics are like a living organism similar to the human body. Therefore, it is constantly developing and changing. As a result of this change, in some periods, some economic values that did not exist before emerge. Islamic law, by its nature, has to produce discourse related to these economic values. Intellectual property rights are among the values we mentioned and they were not mentioned in the first period classical works in terms of their economic dimension. However, later Islamic jurists evaluated these rights and positioned them where they should be economically. Since the subject has just entered the legal agenda, it is mostly late in the evaluations about zakah. From this point of view, the importance of the issue of zakah on these rights is obvious. In this context, in our thesis, we first tried to determine the position of intellectual property rights in terms of Islamic law and modern law. We have evaluated the issue of zakah and zakah goods in terms of Islamic law and made a general assessment about which goods will be subject to zakah. We tried to examine the concepts of right, property and benefit as they are very closely related to the subject. We tried to determine the position of this type of right in terms of rights, property and benefits. Afterwards, we evaluated the discourses of Islamic jurists about zakat of this type of right, and finally, we presented our own assessment.

Author

Dr. Mustafa Takır

How to Cite

Mustafa Takır (Master Thesis). The alms of intellectual property rights, 2023, Bayburt University.

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