CSS Forums - View Single Post - What should be the punishment for Plagiarist and IPC theft in Islam?

secondopinion02 · #4 Monday, September 10, 2007

Thanks Miss Qurratulain for defining Plagiarism....

While writing this article, my purpose was not to explain what are "Plagiarism" and "IPC theft", as I consider all the CSS aspirant to know all these terms.

Therefore, I only asked for the Punishment for such crimes in Islam. However, I would like to simplify the terms in order to focus on the main topic of discussion

Plagiarism: as Miss Qurratulain already defined that it is using others written work under his/her own name; for example, if a professor publishes a research work of others under his/her name and mimic that it is his/her own work then we call it "Plagiarism". At lower level, if a student submits a report, assignment, or any other work under his/her own name but in fact the work belongs to other then it is called "Plagiarism".

IPC Theft: It is stealing the design, recipe, formulation, methods, etc. and making the same thing under another name for monetary gains; for example, a company invests 1 Billion US dollars in reasearch for discovering a new medicine for the treatmnet of pain. Let's suppose the drug after spending such huge sum is "Aspirin". The company holds the "Patent Rights" to manufacture the during within the limited time span to avail the expenses carried out on its research. If another company gets the method of formulation of "Aspirin" and manufacture it under its own name then it is called "IPC theft".

Copyright infringement: It is another phenomena in which one copies a material deliberately like Movies, songs, books, and distribute them at much cheaper rates like we are getting windows CDs at cheap rates; many foreign publishers book; as we know the reason the low price is because of piracy. To save money by purchasing pirated copies is close to be part of perpetrating the crime of "Piracy"

All above things are in broad sense "acts of Stealing the works of others"; to simplify, Apples, Bananas, Grapes, all are "FRUITS". In the same way, Plagiarism, IPC theft, Copyright infringement all are act of "STEALING".

If we strictly follow Islamic law of stealing then definitely the pliagrist professors in Punjab university deserve "Cutting off their hands" according to Islam; the deliberate use of "copyright material" without paying the actual price is also an act of stealing the money of others.

Suresh Lasi has said that "such cheaper pirated CDs, books are helping the poors for availing knowledge within their limited means"; it means that someone who steals money or robs the bank is good because he is poor and cannot afford to support his family. Should all poors resort to such things?

I am not saying that such cheap CDs and books should be banned and those who use it should be punished... the reason to discuss "What should be the punishment for plagiarist and IPC theft in Islam?" is to point to the gross neglect of our majority of Ulema over such modern day issues; they are busy in bickering over some old issues again and again, while do not have any know how, to have a consensus over such issues.

Conclusion:

Islam has two methods for making laws if there is no specific reference in Qur'an and Sunnah: They are (1) IJMA (2) QIYAS AND IJTIHAD. But, we do not have any central specialized authentic body of relgious scholars of true worth who could discuss and deliberate such issues deduce whether such things are punishable or they should be allowed in the holistic interests of our people.

The world is moving fast, and there are a long list of other issues relating to modern days phenomena that have no relation in Islamic scriptures and Hadiths; but, majority of our diehard Ulema are sticking to their "rotting" habits of merely follow the "Zair Zabar Pesh" without using their intellectual capacity and thinking for having IJMA and IJTIHAD. They hate learning modern education and scientific knowledge; that is why they are unable to decipher the legal penalties of such crimes today.

The torch-bearer of our religion are busy in doing research upon "whether a woman should study with man or not"; "wasting their energies in making modern day banking system with their outdated thinking"; "critisizing and buzy in burning CDs and Music shops in order to prevent people listening Music"; "accusing women of adultery".

Therefore, there is a need for reforming the mindset of our so-called majority of religious scholars to be fully informed of modern day scientific phenomena and knowledge, so that they could tell us what are the solutions of those problems.