Questions Money and work

Is piracy haram?

Checked by our team

Short answer

Yes, in the mainstream contemporary Hanafi view. Downloading or selling pirated software, films, books or courses takes the work of others without their permission and breaks the law you have agreed to follow. Copyright is recognised by most modern scholars as a right that custom treats as property. Free and legally shared content is fine.

Hanafi position

Modern Hanafi scholars, including Mufti Taqi Usmani, hold that rights such as copyright, trademarks and licences are recognised by custom as having value, so using or selling copies against the owner's terms is not permitted. Some earlier scholars did not treat copyright as property, but they still advise obeying lawful agreements.

The four schools agree on this.

Explanation

Classical fiqh did not discuss copyright, because copying was slow and costly. Modern scholars have looked at it through two principles: the property of others is sacred, and custom ('urf) decides what counts as property. The Prophet ﷺ said that every Muslim's blood, wealth and honour is sacred to every other Muslim.

Mufti Taqi Usmani, in his study of selling intangible rights, concluded that copyright, trademarks and similar rights are now treated by people as valuable property, bought and sold for real money, and so the Shariah recognises them. Most fiqh councils have reached the same conclusion. Taking those rights without permission is a form of taking property unjustly (4:29).

There is a second reason. Living in a country, buying software or signing up to a service involves agreeing to its terms and laws, and Allah says "fulfill all contracts" (5:1).

In practice, avoid:

  • cracked software, pirated games, and torrents of films, series, music and books;
  • reselling courses, ebooks or fonts you only have a personal licence for;
  • selling counterfeit branded goods as if they were genuine, which is also cheating: see Is it haram to scam people?

Free software, public domain books, content shared legally by its owner, library loans and fair use quotation are all fine. A small number of scholars do not recognise copyright as property; even they generally tell Muslims to keep to the law and their agreements. If you have used pirated software for work, buy a licence or switch to a free alternative.

The evidence

Quran, Surah An-Nisaa 4:29

يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَأْكُلُوٓا۟ أَمْوَٰلَكُم بَيْنَكُم بِٱلْبَٰطِلِ إِلَّآ أَن تَكُونَ تِجَٰرَةً عَن تَرَاضٍۢ مِّنكُمْ ۚ وَلَا تَقْتُلُوٓا۟ أَنفُسَكُمْ ۚ إِنَّ ٱللَّهَ كَانَ بِكُمْ رَحِيمًۭا ﴿٢٩﴾

O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent. And do not kill yourselves [or one another]. Indeed, Allah is to you ever Merciful.

Taking someone's valuable rights without permission is taking wealth unjustly.

Quran 4:29, translation by Sahih International

Quran, Surah Al-Maaida 5:1

بِسْمِ ٱللَّهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ أَوْفُوا۟ بِٱلْعُقُودِ ۚ أُحِلَّتْ لَكُم بَهِيمَةُ ٱلْأَنْعَٰمِ إِلَّا مَا يُتْلَىٰ عَلَيْكُمْ غَيْرَ مُحِلِّى ٱلصَّيْدِ وَأَنتُمْ حُرُمٌ ۗ إِنَّ ٱللَّهَ يَحْكُمُ مَا يُرِيدُ ﴿١﴾

O you who have believed, fulfill [all] contracts. Lawful for you are the animals of grazing livestock except for that which is recited to you [in this Qur'an] - hunting not being permitted while you are in the state of ihram. Indeed, Allah ordains what He intends.

Licence terms and lawful agreements must be honoured.

Quran 5:1, translation by Sahih International

Sahih Muslim 2564

Sahih

... كل المسلم على المسلم حرام دمه وماله وعرضه ...

"All of a Muslim is sacred to another Muslim: his blood, his wealth and his honour."

Other people's property, including what custom treats as property, is protected.

Sahih Muslim 2564 · Sahih · Read on sunnah.com

Where the ruling is recorded

  • Buhuth fi Qadaya Fiqhiyya Mu'asira (Mufti Taqi Usmani), Study on selling intangible rights (bay' al-huquq al-mujarrada). Concludes that copyright and trademarks are recognised rights that may not be infringed.
  • Radd al-Muhtar (Ibn Abidin), Kitab al-Buyu', on what counts as property (mal). Property is defined by what people value and deal in, the basis for recognising modern rights.

Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.