01 Multiple choice — 13 questions
One attempt per option. A correct answer locks the question and explains itself; a wrong one only disables that option, so you can keep trying. The running score sits at the bottom of the page.
02 Written questions — 7 questions
Answer each in full before opening its model answer. The model answers are written at the length a full-mark response needs.
1. Explain why incorporeal rights count as property (māl) in fiqh, and what that entitles their owners to do.
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In fiqh, property is defined as anything that possesses recognised value among people and may be lawfully utilised. That standard says nothing about being physical, so an intangible thing satisfying value plus permissible utility qualifies as māl.
Because incorporeal rights meet the standard, their owners may sell, buy, or lease them, and the rights are financial rights safeguarded by Shariah.
2. Compare copyright, patent, and trade name across what they protect, the owner's rights, and the number of Shariah reasons behind each.
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Copyright (1886) protects a creative work; the owner holds a literary right (permanent, non-transferable) and a financial right (temporary, inheritable); four Shariah reasons.
Patent (1791) protects an invention; the inventor may use it for a limited period and register it under his name; three Shariah reasons — it drops the 'urf reason (the slides show four; the exam follows the notes).
Trade name (1909) protects a business identity; the owner holds exclusive use and a transferable asset; four Shariah reasons, plus the condition that it not be based on cheating or gharar.
Only patent drops to three reasons; only trade name adds a condition.
3. Name the four kinds of invention certificate and explain which one is the odd one out.
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Full-Rights — strict qualifying conditions, complete legal protection. Limited — more lenient criteria, restricted protection. Additive — issued for improvements or modifications to an already-certified invention. Importation — for introducing a foreign-developed invention for the first time.
The importation certificate is the odd one out: it does not protect an invention at all. It is an exclusive commercial enterprise right for whoever first brings the foreign invention in, not protection for original inventorship.
4. Define incorporeal rights and explain why they qualify as property in fiqh. Name the three forms and the dates given in the lecture.
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An incorporeal right is the authority of a person over something non-physical. In fiqh, ownership is not restricted to a tangible object: property (māl) is anything that possesses recognised value among people and may be lawfully utilised.
Because incorporeal rights meet that standard they count as māl: their owners may sell, buy, or lease them, and they are financial rights safeguarded by Shariah.
5. Explain who counts as an author, the role of a publisher for anonymous work, and what counts as a creative contribution. Compare literary and financial rights and explain the four reasons for recognition.
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Falls under intellectual property. It gives the author the right to use their work and to prevent others using or benefiting from it without consent; literary and material rights are fully reserved for the creator.
Who counts as the author
- The person who created the work.
- Whoever has their name published on it — unless proven otherwise.
- If no name is given, or a pseudonym is used, the publisher acts as the author's representative.
- Also includes anyone contributing to the creation of visual and audio work.
The two rights
| Literary right | Financial right | |
|---|---|---|
| Duration | Permanent | Temporary — a limited period |
| Transferable? | No — may not be permanently assigned to another | Yes — inheritors may publish after the author's death for financial benefit |
Why it is legally recognised — four reasons
- Benefits are compensable in Islam; intellectual property benefits society, so it earns compensation like any other benefit.
- General custom ('urf) already admits the author's right and that it can be compensated.
- Plagiarism is prohibited — misattributing statements is strictly forbidden.
- Rights correspond to responsibilities — "the benefit runs with the burden."
6. Explain patent rights, disclosure, duration and registration. Distinguish all four certificate types and explain the three reasons for recognition.
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Intellectual property giving its owner the legal right to exclude others from making, using, or selling an invention for a limited period — in exchange for publishing an enabling disclosure of it. In most countries patent rights fall under private law: the holder can sue an infringer.
The inventor's rights — only two
- The right to use the invention for a limited period.
- The invention should be registered under the inventor's name.
Four kinds of certificate
| Certificate | Conditions | Protection |
|---|---|---|
| Full-Rights | Strict qualifying conditions | Complete, comprehensive legal protection |
| Limited | More lenient criteria | Restricted compared to Full-Rights |
| Additive | For improvements or modifications to an already-certified invention | Covers the improvement |
| Importation | Introducing a foreign-developed invention for the first time | An exclusive commercial enterprise right — not protection for original inventorship |
Shariah ruling — three reasons
Recognised, because: benefits are compensable; plagiarism / false attribution is forbidden; rights correspond to responsibilities.
7. Explain the components of a trade name, the functions of a trademark, the two owner rights and the reasons and condition for recognition.
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The official name under which an individual or company conducts business. A trademark gives legal protection for a particular brand, which may be associated with a trade name.
Rights and ruling
- Exclusive right — exclusive use, distinguishing the business and preventing imitation.
- Transferable asset — measurable financial value; the owner may sell, gift, or transfer it.
Legally recognised, on condition it is not based on cheating or gharar. The reasoning mirrors Copyright's — all four reasons apply.
Trademark definition: names, words, signatures, letters, symbols, numbers, titles, seals, designs, graphics, images, distinctive engravings, packaging, shapes, colours or colour combinations — any sign used to distinguish a business's goods or services.
Saudi law: Saudi Arabia adopted the unified GCC Trademark Law (effective September 2016) and is a member of the GCC Patent Law and GCC Customs Law, which align IP practice across Saudi Arabia, Kuwait, Qatar, Oman, Bahrain, and the UAE. Patents and trademarks are both granted on a first-to-file basis, so protect them before launching a product.
| Feature | Copyright | Patent | Trade name |
|---|---|---|---|
| Year mentioned | 1886 | 1791 | 1909 |
| Protects | A creative work | An invention | A business identity |
| Owner's rights | Literary (permanent) + Financial (temporary) | Use it for a limited time + name on it | Exclusive use + transferable asset |
| Shariah reasons | 4 | 3 (no 'urf) — the slides show 4 | 4, plus the "no cheating / gharar" condition |