Printing copyrighted books to teach Islamic knowledge

8-11-2014 | IslamWeb

Question:

aswb, my question today is someone wants to open up Islamic school in Africa if they to follow the government curriculum they need to teach history which covers up topics of evolution that men was a monkey and all that kind of false things is it permissible to take it in the curriculum but not have belief in it. second question is I know making copies of Islamic texts books which are copyright is not permissible but since there is a huge necessity to teach about islam in Africa a lot of people grow up not having proper knowledge about islam as a result you find many people believing in shirk and and have supersticious behaviors. the question is can one publish the Islamic studies book teach the same curriculum but publish it with different designs not copy the the theme of designs of the cover since the main teachings is the same for all muslims its the same subjects that everyone else learns but its like you are publishing your own brand name in order to teach the desired students of a particular islamic school and also note that these leassons including quran and memorizing quran will be taught absolutely free of any charge. the reason why I asked this is because Islamic school books that follow the curriculum are not cheap there are people that need Islamic education that don't get it there in Africa there must be a way to help them or a solution. the Islamic schools that are available don't follow any curriculum and the only school that is supposedly a good Islamic school is a shite school which I attended when I was in high school. remembering that school makes me want to change things there because a lot of shirk things were done while I was in school. some people have no choice but to attend as it is the best one known. what is your advice on this matter? jazakallah khairan

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

In principle, it is not permissible to teach topics consisting of what is in contrast to Sharee'ah, like the theory of evolution and the like. This must be replaced with books that are in line with the correct Islamic beliefs and do not contradict them. Some scholars stated that it is forbidden to read books containing falsehood.

Mataalib Uli An-Nuha reads: “It is explicitly impermissible to read the books of the People of the Book, because the Prophet, sallallaahu ‘alayhi wa sallam, became angry when he saw that ‘Umar had a copy of the Torah, and he said to him: ‘Are you in doubt, O Ibn Al-Khattaab?’ Also, it is not permissible to read the books of innovators or books that contain both truth and falsehood, and it is not permissible to relate from them as there is potential harm of corrupting the beliefs of others.

For more benefit, please refer to Fatwa 238201.

But if the students have reached a good level in Islamic knowledge, then it can be said that it is permissible to teach them those subjects while pointing out what is contrary to Islam so that they beware of them and know that they are false, and so that they clarify this to others.

Mataalib Uli An-Nuha reads: “[Reasonable is the permissibility of observing/studying] the books of the associates of innovations, for those who are well-versed in the Book and Sunnah and (simultaneously) possess rigor in verification, firmness in faith, excellence in astuteness, strength in intelligence and the ability to derive evidence to refute them and reveal their secrets and remove their guises, so that the ignorant are not deceived by their corrupt falsifications or become uncertain regarding their dogmatic beliefs. Indeed, many Imaams of righteous Muslims did that and demanded those associated with them to provide an answer but they (the innovators) could not give any convincing answer. Similarly they studied the Torah and derived from it the mention of our Prophet in passages; and it is reasonable.” [End of quote]

As regards the second question, although the copyright is protected and it is not permissible to violate it according to the view of many contemporary scholars, some of them held the opinion that it is permissible to copy for non-commercial purposes. Ibn ‘Uthaymeen  may  Allaah  be  pleased  with  him said about copying CDs: "In my view, it is permissible for a person to copy for himself, but if one copies for trading purposes, then this is not permissible, because it is harmful to others.” [Excerpted from the “The Open Door” conference]

This view is strengthened when the book is regarding Islamic knowledge and people are desperately in need of it and at the same time unable to get those books, then in such a case, there is nothing wrong with acting according to the view of those who are of the opinion that it is permissible to copy the books for non-commercial purposes, and reproducing Islamic books for people who cannot afford purchasing them, for the public interest. For more benefit, please refer to Fatwa 87644.

However, it is best to consult the authors of those books and seek their permission if possible, in which case, it is permissible to change the design of the cover of the book, as this is not the purpose in itself; what is important is the attribution of the book to its author and stating the name of the authority who has the printing copyright.

Allaah Knows best.

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