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MORAL RIGHT CONCEPT IN TERMS OF ISLAMIC LAW (SPECIFIC TO COPYRIGHT)

Abstract

Author(s): Fatih ORHAN

One of the new matters of law emerged at the end of the process that was started with the industrial revolution and continues with technological developments is the issue of “moral right” that has subtitles such as patent right or copyright. “Moral rights”, which has gained a commercial quality and generality, propounds a structure different than right concepts defined by legal systems. Some characteristics it bears such as not having a material asset or being different than the asset enlivens it differentiates these rights from “material property” rights. For this reason, moral rights have been handled via asserting different law theories and approaches by human law systems. The definition and nature of right and benefit concepts are handled at Islamic Law even if it is casuistic and the solutions necessary for the transfer of right and benefit in return for a fiscal cost together with Islamic jurisprudence presented by mujtahids. But, the answers of legal questions about newly met moral rights such as “copyright”, approaching them in terms of Islamic law and creating solutions by abiding an Islamic jurisprudence system constitutes a necessity nowadays.

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