Sharia ruling regarding using pirated software

Lately I have been very puzzled about using the softwares I'm using, without actually purchasing licenses. It has become a normal practice for us to use pirated books and softwares. Windows, MS office and etc. Here is a question that first comes to mind, what other choice do I have? Well yes we do have choices, we can pay for the software license, since it's in someone's ownership or we go for alternate software  as there are 100's of free GPL licensed software available. You don't have to use Windows anymore, you can use Linux, there are GUI version, which are quite friendly, all you have to do is take some time out and learn it a little. Stilling is not the solution.....  

Article Link: http://www.askimam.org/public/question_detail/21108

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Using pirated versions of the original software or programs is known as ‘copyright infringement’. In previous days, the concept of ownership was only confined to tangible items. However, recent technologies have proved that ownership may also take place in non-tangible items. The ownership of a non-tangible property is known as “intellectual property”.

The concept of “intellectual property” demands that the person who applied his mental skills and effort to invent a particular item should be the owner of its profit and benefits. Similarly, if a person has invented a formula or a software using his own skill should be the sole owner of it. No other person should have the right to reproduce it. Due to this reason, the law of copyright came about to protect the inventor from losing his benefits.

The ulamā have differed in their opinion regarding the permissibility of copyrights.

According to us, copyrights and intellectual property is a valid Sharī right. Therefore, the use of pirated software is not permissible. It is an infringement of a valid right.[1]

And Allah Ta’āla Knows Best

Mawlana Abdul Hannan Nizami
Student Darul Iftaa
Chicago, USA

Checked and Approved by,
Mufti Ebrahim Desai.