Moral Rights: Finances and Zakat Obligations: Comparative Jurisprudence Study

Author

Assistant Professor, Department of Islamic Law, College of Dar Al Uloom Minia University

Abstract

This research attempts to answer an important question, which is whether zakat is due on moral rights (copyright, patent, name and trademark).
It is necessary to search diligently and exert effort in order to reach the legal ruling for such rights. Because of the discussions that erupt around it about its nature and its legal foundation, and what is permissible and correct from performing legal actions on it, and among these actions is zakat on it.
The research concluded that these rights are considered money, and they may have all the permissible rights in money, and that Islamic law recognizes them, and that they are special rights of their owners, they have a financial value that is considered legal and customary, and it is not permissible to attack them.
Hence, zakat is obligatory on them, as they are exploited goods for which zakat is due in their yield, not in their nature, and that they may be treated as zakat on trade goods if they are taken for trade.

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