The study aims at exploring the issue of the time period during which the heirs have the right to exploit copyright from the Islamic Jurisprudence and law perspective. The study follows the descriptive analytical approach to achieve its objective. It addressed the description of the issue by classical jurists and contemporary scholars; then it examined their opinion on the issue and its branches.

The study concluded that a part of copyright is classified as personal rights, such as the right of publication and the right of attribution, and these rights are not inherited. The study also concluded that some copyrights are classified as ownership rights with a financial value. Thus, they can be inherited. Moreover, it states that the right to integrity can be inherited not due to being a financial right, but because it exists to prevent harm.

The researchers overweigh the opinion of scheduling the rights of heirs of the exploitation of copyrights as the evidences of this opinion are stronger than the evidences of the other group of scholars.

In addition, the researchers overweighed the opinion which says that the longest period during which heirs can make use of the financial rights of copyright is 3 years. This was effective by the Ottoman law in 1910 as this represented an absolute interest since this contributes in preventing a harm and developing the nation.

The study recommends that the legal duration of benefit must be thoroughly examined by the specialized authorities because it is a discretionary issue that should consider the public interest (nation) more significantly without causing a harm to private interests (heirs). The study noted that the duration of benefit is still long.

Title

مجلة الشارقة للعلوم الشرعية

Publisher

جامعة الشارقة

Publisher Country

United Arab Emirates

Publication Type

Both (Printed and Online)

Volume

--

Year

2025

Pages

--