What should be the punishment for Plagiarist and IPC theft in Islam?
 

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PLAGIARISM AND THEFT OF INTELLECTUAL PROPERTY RIGHTS

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Plagiarism and IPC (Intellectual Property Rights) theft has become a norm in our Islamic as well as third world countries.

Recently, HEC (Higher Education Commission) has stopped funding 2.83 billions annual budget of Punjab University because it took leniency over some of its "Pliagiarist Professors". However, the University is adamant not to punish those guilty of pliagrism.

Moreover, you can have a pirated CD in Rs. 20 of a software actual worth in thousands of rupees; get a cheap copied book of a foreign writer of actual worth in thousands. The owners of actual CD softwares and publishers cannot prosecute anyone in Pakistan or any other third world country because of no application rule of law; but in fact they believe that those who are using their Softwares and Reprinted books are "Thieves". But we Muslims are using it happily and enthusiastically.

Once a case of a wealthy woman brought before our Holy Prohpet (PBUH) for stealing something. Some influential tried to inflect the punishment for the woman through "sifarish" and other "means" that "she is a wealthy and reputed woman, how come she steal" But our Prophet (PBUH) always kept in his view the truth; the woman found guilty of stealing. While announcing the punishment, the Prohphet (PBUH) said:

"If my daughter Fatima (AS) did the same thing, by God, I would have cut her hands"

Moreover, he said that previous nations had been destroyed because when a common man did a crime they punished him, while influentials and wealthy were relieved of such punishments.

There is no person above the law, even it is insignificant in its nature. Because of this ignorance, we see that even highly educated people are using such malpractices like pliagiarising. If one thing is ignored by the society then definitely it becomes a norm or part of that society. We must change this attitudes of ours.

At one side, we Muslims are very strict in condeming foreign culture and values regarding what Islam says about "Interests"; "Listening Music"; "Co-Education"; but on the other side we are freely "Stealing" the hard work of others; and to the grave extent our so-called intellectuals are using others Research work happily under the own name.

Isn't this a hypocrisy that we Muslims are doing? Whenever an issue arises regarding any foreign country's immoral activity; we discuss them passionately. But when it comes to our side, we keep ourselves mum.

It is a dilemma of our society, whenever one is unable to clear the matric exam, that person get into religious education. What most of such institution in Pakistan are teaching to such Madressa students? Their own version of Islam; to hate the US and foreigners; to teach them their own way of moving 1400 years ago; to believe that whatever these hirsute Mullah are doing is right.

Come to "Ghazi brothers" who were the head of their seminary in Islamabad. One can imagine what would be those five to six thousands students in future by considering the level of intellect of their head of the seminary. Why Maulana Abdul Aziz Ghazi said that "Islam allowed fleeing wearing Burqa". Why has he used Islam in order to promote his selfish interests". They have inculcated their bigoted and fundamentalist view in the minds of students who would probably in future be the "Head of the Mosque" or "Seminary" or they would start another Jihad campaing like that of Ghazi Brothers.

[U][B]Conclusion
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We must change our mindset of hypocrisy while criticizing the non-Muslims and ignoring all the evils prevailing in ourselves. We must accept our mistakes and guilts in order to realize that we will not do it again.

Before ending my discussions I would like to bring into consideration of a very good example:

Stephen Hawking is a world renowned Physicst; he cannot speak, walk, and move. He has permanently laid on a wheelchair. A machine carry out his words that he wants to say. He is suffering a kind of "Paralysis". But he is having a position in "Harvard University" that once "Einstein" took; teaching as a professor. He has explored the Universe in such a state and discovered so many phenomena.

Which religion emphasize most on observing the creation of God in this universe? It is Islam and when I see that those who claim to be the torch-bearer of Islam are hypocrite in nature, then my head falls with shame.

We are busy in preaching the world what Islam says, while we are doing nothing to follow them. If we correct ourselves then there is no need in correcting the world. Everything would be alright. May God Bless Our Religion!

[I] P.S: while criticizing the Ghazi brothers, I do not not mean that all Religious scholars are the same. However, because of the support of "Itihad-e-Tanzimat-e-Madressa-Dinaya of Pakistan for them, I have concluded that majority of Mullahs are hypcrite in nature. Only few in numbers are real religious scholars. May God forgive any mistakes of mine.[/I]

Well I`m agreed to your point of views that PLAGIARISM should be restricted. As it is similiarly mentioned under following link :

[url]http://www.hec.gov.pk/htmls/temp/Little%20Book%20of%20Plagiarism.doc[/url]

It`s is unlawful to publish other`s material on their own appellation but their copy-rights on cheap price may accomodate Poors to read the worthy material on cheap prices. For Instance, Windows Original Copy worths atleast 50 $ ; By this aspect, Most of our nation couldn`t acquire Computer facilities till yet.

The Original Copy of Oxford dictionary costs more than 1500 ruppees, So who would handle it in our region. It may advocate Bulls for securing their lucre. I think, It should be tolerable to Copy-right but No change should be occurred in their appellation.

An article of Daily Times also reveals that Copying material is not plagiarism but if a person uses someone’s thesis or research and changes the calculations and results, it will be considered plagiarism.




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Probably It stays aloof from the criticism. Ahm, HEC is above there.

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It`s is unlawful to publish other`s material on their own appellation but their copy-rights on cheap price may accomodate Poors to read the worthy material on cheap prices. For Instance, Windows Original Copy worths atleast 50 $ ; By this aspect, Most of our nation couldn`t acquire Computer facilities till yet.

The Original Copy of Oxford dictionary costs more than 1500 ruppees, So who would handle it in our region. It may advocate Bulls for securing their lucre. I think, It should be tolerable to Copy-right but No change should be occurred in their appellation.
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Well, a very good example but in my opinion that's not PLAGIARISM in fact. It'll be PLAGIARISM when I'll sell or market WINDOWS or the OXFORD dictionary (at cheap or higher prices) [U]claiming to be my own creation[/U]. Here copying someone's work to provide assistance to others is not unlawful but claiming the work to be your's.

Encyclopedia defines PLAGIARISM as [COLOR="Red"]"a practice of falsely claiming, or implying, original authorship or of incorporating material from someone else's written or creative work, in whole or in part, into one's own without adequate acknowledgment." [/COLOR]

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

[B]Plagiarism:[/B] 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".

[B]IPC Theft:[/B] 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".

[B]Copyright infringement:[/B] 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 [U]"What should be the punishment for plagiarist and IPC theft in Islam?"[/U] 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.


[U][B]Conclusion[/B][/U]:

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.