Downloading software illegally (Pirating)

Question

Salams, is it allowed in Islam to download apps freely from pirate bay. They place the expensive android apps there for free, so that everyone can benefit. But I want to know what the Islamic ruling is especially if the producer of the app is kafir?

Answer

Wa Alaykum Al-Salam

It is unlawful to download applications via pirate bay or any other file sharing sites or applications if it violates the rights of the owner or the law of the land, whether the owner is a Muslim or a non Muslim. This is because such violation is not free from fraud and deceit and Islam has forbidden fraud and deceit. Imam Muslim, in his Saheeh, has recorded a narration of Sayyiduna Abu Hurayrah (Allah is pleased with him) that the Messenger of Allah ﷺ said:

“He who deceives us is not from amongst us.”

The Messenger of Allah ﷺ also regarded ‘deceit’ to be one of the signs of hypocrisy and warned that those who deceive others will be raised on the day of judgement with a banner that will expose their deceit.

In Hidayah, Fath Al-Qadeer and other books of Fiqh, it says that it is permissible to take from the Harbi (those who are neither Zimmi nor Musta’min) disbelievers when they give with their own pleasure, but not if it is taken deceitfully:

“Because their Maal (can be understood as wealth) is lawful in whichever manner a Muslim takes it from them, as long as it is free from deceit.”

This means that it is impermissible to steal, cheat, deceive or lie in order to attain Maal from anyone, whether Muslim or not.

In Majam’ Al-Anhar it says:

“A thing is regarded as Maal due to it being capable of providing benefit.”

Therefore, these applications or files cannot be downloaded if it involves fraud, deceit, stealing, lying etc.

It is one of the rules of Islamic Law:

“There is no Darar or Diraar in Islam.”

This means that Islam forbids the causing of harm or loss to oneself or to others. It is clear that in piracy there is a major loss for the owner of the files or applications.

It is also important to note that if a person is caught committing piracy, he can be fined or is liable to be punished based on the law of the land; this is causing harm or loss to oneself and it also degrades his name and the name of Islam in the community; such acts are also forbidden.

And Allah, the All Knowing, knows best.

Zahid Hussain Al-Qadiri
(Beggar at the doorstep of Scholars)
14th Ramadan Al-Kareem 1436 AH