What is the ruling on using computer programs available online via cracks and serials, which cannot be obtained by other means, knowing that their user agreements are often in foreign languages and difficult to understand? And does the rule "necessities permit the forbidden" apply to them, as in the case of eating pork for one who is compelled?
Copying protected software without the owner's permission is forbidden (haram) because it infringes upon their rights. A person who knowingly swears a false oath while doing so commits a major sin, which is the "al-Yamin al-Ghamoos" (the immersing oath) that immerses its swearer in sin or the fire of Hell. If infringing on others' rights is combined with a false oath, that is even more severe. Some software does not involve an oath, so copying it for personal benefit is less severe than copying something that entails a false oath. The general principle is that it is more cautious (ahwat) for a Muslim not to buy, use, or copy pirated discs to avoid disagreement. However, if obtaining original copies is impossible, there is no harm in acquiring pirated ones, as long as it does not lead to a false oath. Protected software that includes an oath, if copied without right, is more severe. If the signed user agreement is written in an incomprehensible language and includes an oath, the signatory is excused due to their ignorance. The prohibition of copying is to preserve people's rights, not to impose hardship. If there is a necessity to copy a program without its owner's permission, then copying it is permissible for the copier, and they are liable for the benefit the owner missed out on.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/117669
- Source platform
- Ftawy
- Original fatwa ID
- 117669
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy