الوصية بالمنافع و الحقوق : "حق التأليف أنموذجا" دراسة فقهية مقارنة بالقانون الإماراتي

الملخص EN

The paper aims at shedding light on an emerging issue known as the contract will of copyright.

The paper elucidates the concept of the “contract will of copyright” and the original issue and case that Muslim jurists rely on to derive Islamic law and take a stance regarding this kind of contracts.

Moreover, the great majority of contemporaries support the idea that the “contract will of copyright” falls under the “will of benefits and rights”.

The paper also studies the methods of counting one-third of the will in this kind of wills and considers whether it is temporary or permanent.

Besides, the research studies the attitude of Emirati law in regard to the issue and its relation to Islamic jurisprudence.

The paper uses the descriptive and analytical approach.

The study found out that “contract will of copyright” is part of the beneficial contract, which is valid in Islam and has value, and monetary criteria set by Muslim jurists should be applied to it.

Hence, it is money in Islamic law and it is lawful to have the “contract will of copyright”.