Copyrıght ın Islamıc Law Project

Copyright in Islamic Law Project

In response to the curiosity surrounding the concept of copyright within the context of Islamic law, the “Copyright in Islamic Law Project” has launched under the auspices of ISAR Research Center in 2020. The project aims to delve into the questions of what copyright means in the context of Islamic law, where its historical roots lie, how it is justified, and what kind of problems it addresses. 

As the first phase of the project, the “Reading Group Legal, Philosophical, and Historical Foundations of Copyright” was established in 2021. The monthly meetings of the reading group focused on various texts on the emergence of copyright as a predominantly Western concept, the theories underpinning copyright, and the issues dealt with by current copyright scholarship. This phase aimed to establish a comprehensive historical, philosophical, and theoretical understanding of copyright before examining the issue from the perspective of Islamic law.

As the second phase, the “Copyright in the Islamic Legal Tradition Workshop” was established in 2023. The monthly meetings of the workshop focused on the existing literature involving various questions at the intersection of copyright and Islamic law. The monthly meetings facilitated intellectually stimulating discussions and served as a platform for critically engaging with the perspectives of researchers in the field.

The third phase of the project, the “Copyright Talks” guest lecture series, was inaugurated in 2023. This series brought together esteemed researchers specializing in the interplay between copyright and Islamic law, representing diverse academic disciplines and geographical regions. The engaging discussions aimed at fostering intellectual exchange and enriching our understanding of copyright in Islamic law.

The fourth—and ultimate—stage of the project, in an effort to contribute to the field more concretely, is an international symposium, scheduled for 2024, aiming to serve as a focal point for exploring the intricacies of copyright in Islamic law and to provide a robust platform for critical engagement with relevant issues and inquiries. Through the publication of selected submissions in an edited volume, the Copyright in Islamic Law Project aspires to advance the scholarly landscape and drive the trajectory of academic discourses in this domain.

We always look forward to your contributions and input. Please feel free to get in touch!

Reading Group on Legal, Philosophical, and Historical Foundations of Copyright

As the first phase of the Copyright in Islamic Law Project, the monthly meetings of the Reading Group on Legal, Philosophical, and Historical Foundations of Copyright embarked on a comprehensive exploration of the historical development of copyright law in the Western context, focusing on its legal, philosophical, and historical foundations. The first phase of the group’s investigation involved a meticulous analysis of the evolution of the concept of copyright law in Continental European and Anglo-Saxon legal traditions. By studying landmark cases, legislative acts, and scholarly works, the participants traced the trajectory of copyright law, shedding light on its transformation over time.

Subsequently, the group delved into the theories proposed on copyright law, dedicating their monthly meetings over the course of an academic year to these discussions. The diverse range of theories was scrutinized and debated, offering valuable insights into the underlying principles that shape copyright law. Concepts such as utilitarianism —which centers on the economic and societal benefits derived from copyright protection— were juxtaposed with theories such as the labor theory and personality theory, underscoring the creative effort and moral rights of authors. In the pursuit of a comprehensive understanding, the relationship between copyright law and key concepts such as human rights, public interest, and monopoly rights was thoroughly examined.

The participants engaged in rigorous analysis to explore the intricate balance between protecting authors’ rights and fostering public access to creative works, while also considering the influence of monopolistic practices and the broader societal implications. The culmination of these monthly meetings in December 2022 marked a significant achievement for the reading group. The discussions and debates held throughout the year enhanced the participants’ comprehension of copyright law’s historical development and theoretical foundations. Furthermore, these endeavors laid a solid groundwork for future research projects, aiming to explore copyright law’s role in contemporary society, its adaptability to technological advancements, and its alignment with evolving cultural norms.

Copyright in the Islamic Legal Tradition Workshop

As the second phase of the Copyright in Islamic Law Project, the Copyright in Islamic Legal Tradition Workshop served as a meeting point for researchers and scholars who have dedicated themselves to the study of copyright’s legal, philosophical, and historical foundations with an emphasis on Islamic law. Spanning over a year, the monthly meetings of the workshop series aimed to shed light on the multifaceted nature of copyright within the Islamic legal tradition.

Throughout the series, participants engaged in rigorous discussions, drawing upon a range of academic disciplines such as law, philosophy, history, and religion. This multidimensional and interdisciplinary approach fostered a comprehensive understanding of copyright and its implications in the Islamic context. By examining the main concepts associated with knowledge, expression, and copyright, it aimed to explore the unique perspectives and principles that shape copyright within the Islamic legal thought. Moreover, the trajectory of debates surrounding copyright in contemporary Islamic legal literature was carefully examined, providing insights into the evolving discourse and diverse viewpoints within the field. The workshop participants critically analyzed the theoretical foundations that underpin the conceptualization of copyright, aiming to unravel the underlying principles and moral considerations associated with intellectual property rights.

In addition to theoretical inquiries, the workshop delved into the historical development of state-led copyright legislation in the Muslim world. By examining the evolution of copyright laws over the past two centuries, participants gained valuable insights into the sociopolitical dynamics that have influenced the recognition and protection of copyright in the region.

The workshop’s collaborative nature extends beyond the core group of researchers, as participants from various backgrounds offer diverse perspectives and enriching the dialogue. The intellectual exchange and knowledge-sharing fostered by this inclusive environment contribute to a deeper and more nuanced understanding of copyright within the Islamic legal framework. Ultimately, this workshop acts as a catalyst for fresh insights and innovative approaches to copyright within the context of Islamic law. By generating meaningful discussions and encouraging cross-disciplinary collaboration, it advances the scholarly discourse and expands the collective knowledge of copyright’s significance in the contemporary technological era, particularly within the rich tradition of Islamic legal thought.

Copyright Talks

As part of the Copyright in Islamic Law Project, the Copyright Talks guest lecture series was inaugurated in 2023. This series brought together esteemed researchers specializing in the interplay between copyright and Islamic law, representing diverse academic disciplines and geographical regions. The engaging discussions fostered intellectual exchange and enriched our understanding of this complex subject matter. Notably, some of the distinguished guests included the following:  

1- Hasan Hacak

2- Julie Lowe

3- Mohamed Ali Ahdash

4- Ezieddin Elmahjub

5- Tabrez Ebrahim

6- Ahmad Atif Ahmad

6- Hacı Mehmet Günay

Feel free to reach out to Ali Ekber Cinar (ali.ekber.cinar@isar.org.tr) for any questions and to follow us on Twitter (http://twitter.com/copyright_islam)!

Ali Ekber Çınar (Principal research director)

Doctoral student at McGill University Faculty of Law

Ali Ekber Çınar (email: ali.ekber.cinar@isar.org.tr) is a doctoral student at McGill University Faculty of Law and the principal research director of "Copyright in Islamic Law" project, which he has been directing since 2020 at ISAR Research Center. Previously, he has completed the four-year extracurricular program in Islamic studies at ISAR as well as his law degrees (LLM at Istanbul, LLB at Galatasaray). His research interests include computational legal studies, comparative law, and Islamic law and finance.

Eyup Kun

PhD Researcher at KU Leuven

Currently, he is a doctoral researcher at KU Leuven Center for IT and IP Law since February 2021. He conducts his doctoral research on the intersection of cybersecurity and data protection law in the digital economy in addition to his involvement in the ENSURESEC project funded by European Union Horizon 2020.

Mustafa Ince

Ph.D. Student and Research Assistant in the Department of Islamic Law at Istanbul University

Mustafa Ince, who holds both law and theology degrees, graduated from Istanbul University Faculty of Theology in 2020 and the Faculty of Law in 2022. In addition to his formal education, he graduated from Abdullah Tivnikli Istanbul Foundation for Research and Education (ISAR)'s 5-year intensive Arabic, English, Islamic sciences, and social sciences education program in 2022. He received his master's degree in Islamic Law from the same university in 2023 with a thesis titled "Courts as a Tool of Social Control in the Modernization Process: The Case of Nizamiye Courts." He is currently a Ph.D. student in the Department of Islamic Law at Istanbul University and a research assistant in the same department. 

Mücahide Engin

PhD student at Marmara University & Manuscript specialist at the Presidency of the Manuscripts Institution of Turkey.

Mücahide Engin is doctoral student in Islamic Law at the Marmara University. She graduated from Istanbul Şehir University, Faculty of Islamic Studies with a double major in Political Science and International Relations. She completed her master’s degree in Islamic Studies at Istanbul Şehir University and graduated from Marmara University. The topic of her dissertation revolved around the examination of the literature on intellectual property in the context of Islamic law and titled as "Intellectual Property Discussions in Contemporary Islamic Law".  

Yavuz Selim Kol

PhD Student at Istanbul University and Research Assistant at Sakarya University in the Department of Private Law

Yavuz Selim Kol obtained his undergraduate degree from Istanbul Şehir University Faculty of Law. He completed his master's degree in the private law program at Marmara University with his thesis titled "The Limits of Consumer's Right to Withdraw from the Contract" Currently, he is pursuing his studies in the private law doctoral program at Istanbul University.

CALL FOR PAPERS

Symposium on Copyright in Islamic Legal Tradition

“Copyright in Islamic Law” research project | ISAR Research Center

June 28-29, 2024 | Istanbul

In today’s contemporary landscape, the intricacies surrounding copyright and intellectual property rights have gained significant prominence. The rapid advancement and diversification of digital technologies have given rise to a multitude of copyright-related challenges. Although numerous legal systems address copyright through various theoretical frameworks, such as personality, labor, and utilitarian theories, the comprehensive examination of this subject from the perspective of Islamic law remains relatively unexplored.   

The “Copyright in Islamic Law” project, under the auspices of ISAR Research Center, has been exploring the potential of this perspective through a reading group on the Western foundations of copyright, a workshop on scholarly approaches within Islamic legal tradition, and a lecture series called “Copyright Talks” featuring renowned researchers. Taking our contribution a step further, the project's fourth step is the “Symposium on Copyright in Islamic Legal Tradition” which will critically examine the intersection between copyright and Islamic legal tradition, uniting diverse researchers from various disciplines.

The symposium aims to address a range of key inquiries that lie at the heart of the discussion on copyright within the Islamic legal context. These questions include, but are not limited to, the following:

- The principal factors influencing ongoing debates surrounding copyright,

- The role of the madhhab tradition in shaping contemporary discourses on copyright,

- The reasons, obstacles, and potential consequences associated with endeavors aimed at justifying copyright,

- The strengths and weaknesses inherent in attempts to provide a perspective on this issue,

- The relationship between modern legislative frameworks in Muslim societies and the Islamic legal tradition,

- Insights from pre-modern legal legacies,

- Other problems, issues, and challenges relating to the broader questions at the intersection of Islamic law and copyright.

We seek original scholarly contributions that delve into the intricate connection between copyright law and the Islamic legal tradition. We also welcome submissions exploring various dimensions of intellectual property, but priority will be given to submissions that center around copyright-related themes.

Submissions and funding:

Please submit an abstract of no more than 350 words and an academic resume at https://forms.gle/Z8yk9yxyGEcX3q8h8 by October 15, 2023.

Participants will be notified by November 15, 2023, about their submission. To facilitate in-depth discussions and rigorous feedback, draft manuscripts will be circulated prior to the symposium. Following revisions, submissions will be published as an edited volume.

Accommodation and travel expenses will be covered by the organizers.

Important dates and deadlines:

Abstract submission: October 15, 2023

Notification of accepted submissions: November 15, 2023

Full paper submissions: April 1, 2024

Symposium date: June 28-29, 2024 (Istanbul)

Submission of revised manuscripts for publication: October 15, 2024

Questions:

Please feel free to direct any inquiries to Ali Ekber Cinar at ali.ekber.cinar@isar.org.tr. More information and updates about the “Copyright in Islamic Law” research project may be found at https://www.isar.org.tr/tr/sempozyum-calistaylar/copyright-in-islamic-law-project and http://twitter.com/copyright_islam.

Click here for the PDF version of the call for papers

Important dates and deadlines:

Abstract submission: October 15, 2023

Notification of accepted submissions: November 15, 2023

Full paper submissions: April 1, 2024

Symposium date: June 28-29, 2024 (Istanbul)

Submission of revised manuscripts for publication: October 15, 2024

Feel free to reach out to Ali Ekber Cinar (ali.ekber.cinar@isar.org.tr) for any questions and to follow us on Twitter (http://twitter.com/copyright_islam)!

Copyright in Islamic Law Research Project

ISAR Research Center

Sultantepe, Münir Ertegün Sk. 14-1,

34674 Üsküdar/İstanbul, Türkiye