تزاحم الحقوق على الابتكارات و أثرها في اعتبار الحق المالي في الفقه الإسلامي

الملخص EN

The right of innovation, called ‘intellectual property’ in modern times, is a valid one in Sharia law.

The present paper investigates a specific case in the innovation financial right in Islamic fiqh: when a conflict arises between the rights of the entire Islamic nation, the innovator themselves and those in need for the innovation.

The paper explains the ways of balancing between the rights when they clash, and makes clear how the sharia gives each party their due right.

When these rights are in conflict, an advantage is given to the better of the two goods or the least of the two evils; a choice with no substitute is assigned priority over that with a substitute; monopoly and negative exploitation of knowledge are prohibited; and a general need is given precedence but without harming the right of the individual innovator.