Title: Is Copying Software Developed by US Companies Permissible? Question: Please note that I found the following question in a web site ( www.islam-online.net ): "In America, it is very common for people to copy CD's and then sell them or give them away. My question is, is it Haraam to buy these CD's that have been copied or is it permissible in Islam?" In the reply to the question, in one place it is mentioned that: "In addition to this, Dr. Mahmoud `Akaam, professor at the Faculty of law and Education in Halab, ... However, if a non-Muslim state is engaged in fighting Muslims, it is permissible to take their property as spoils of war." Now my question is, whether it will be permissible for us [Bangladeshi Muslims] to copy American Software as they are fighting Muslims/Waging wars against Muslims? Jazakumullahu Khairan Muhammad Naseel Shahrukh Answer: I do not agree with any part of the referred argument. Firstly, it is not accurate to say that America has waged war upon Muslims. America calls its war as one against criminals, who call themselves Muslims. We may or may not consider the American actions to be in keeping with the principles of justice, yet we should not unjustly call this action to be one against a particular creed. Secondly, the application of the idea of taking the property of the enemy as 'spoils of war' is also completely misplaced. It is true that during the times of the Prophet (pbuh), the wealth, property and person of the subdued enemies would become the ownership of the invaders - whether Muslims or non-Muslims. However, this phenomenon was, in fact, a recognized and accepted part of the unwritten international law during that time. All nations, generally, followed this tradition and considered it to be justified. This law is no longer in force and all Muslim nations have signed their agreement on the new International Law and are, therefore, religiously bound to respect that law. Thirdly, Islam does not ascribe to the idea of covert war. If we are so fond of considering ourselves at war with the Americans, we should openly declare that and then be prepared to face its consequences for ourselves and our nations. Fourthly, even in a state of war, Islam does not allow us to commit any immoral or unethical acts. Stealing and depriving others of their legal rights cannot, by any standards, be considered as allowed. In view of the foregoing points, I do not consider the stated argument to be accurate. However, as for your specific question regarding copyright laws and whether or not Muslims should respect these laws, I would request you to kindly refer to a few of my earlier responses on the topic to read my opinion regarding the Copyright Laws. You may find my response titled " Regarding Copyright Laws and Income from Royalty " and a subsequent discussion on that question titled: " Further Exchange on Copyright Laws " to be relevant. As for whether or not Muslims should respect these laws, I would urge all Muslims to not only respect these but also all other laws, which are applicable upon them, as far as possible for them. Thus, I would recommend that you purchase an original copy of the software, which you intend to buy, if you can afford doing so. However, if, on the contrary, you cannot afford to buy the product and consider it necessary for your education and/or work, then you may purchase the illegal copy, with the intention and commitment that you will buy the original copy of the software, as soon as you are in a position to do so. Regards, Moiz Amjad January 9, 2002