ten years. My basic job is maintaining the company's equipment and
providing technical support, but other tasks have been added to my job
over the last ten years. My company treatsme like anyone else, or less
than that, because I do not demand increases in my salary as others
do; rather I wait for the company to evaluate me, which has only
happened once or twice. I began to invent things for my company and I
was promised more than once that I would be rewarded, but this has not
happened. On the contrary, I was rebuked because I askedto be
rewarded. I have introduced many inventions and huge improvements. But
that was to no avail; all I get is moral support and words of praise.
Now I have invented something but this time Idid not give it to my
company directly; rather I gave it to an intermediary company to
submit it in its name to my company in returnfor commission that I
agreed to give to this intermediary company, after it gets the price
for my invention when it sells it to my company. This invention
already exists in America, but it is very expensive, at least 50%
more. My company has benefited greatly from this product. My question
is: is what I have done halaal or haraam?.
Praise be to Allaah.
Firstly:
Patents, inventions, copyright and so on belong to the inventor or
author, and he has the right to receive payment for them, because it
is customary that these rights have financial value in the
marketplace.
The Islamic Fiqh Council has issued a statement to this effect, the
text of which is as follows:
"The Islamic Fiqh Council,in its session held duringits fifth
conference in Kuwait, 1-6 Jumaada al-Awwal 1409 AH/10-15 December 1988
CE, after studying the research presented by members and experts on
the topic of intangible rights, and listening to the discussions that
were held concerning this topic, has determined the following:
Firstly: trade names, company names, trademarks, writings and
inventions are all the copyright of their owners or authors, which in
modern practice have acquired monetary value. These rights are
respected by sharee'ah and it is not permissible to transgressagainst
them.
Secondly:
If your work to invent this thing did not involve using any of the
products belonging to the company, and you did not do it on company
time, meaning that you worked on it outside of working hours, or at
times when you were not required to work, then this is yourexclusive
right as stated above, and there is nothing wrong with selling it to
your company or to an intermediate company who can sell it to your
company.
But if that was at the expense of your work for the company, or you
used the company's materials, products or laboratory, then you have
done wrong because you got distracted frin your work and because you
used the company's resources for a purpose other than that for which
they were intended, and you have to compensate the company for what is
their due. The basic principle is that you should tell them and work
out an agreement to be paid for your efforts and invention. If you
will be harmed by admitting this or you think it most likely that the
company will not give you anything, then try to give them their due by
any means possible after working out what you owe them with the help
of experts in that field.
This right of the company, if it is proven, does not make it
permissible to transgressagainst the company on the grounds that they
did not give you an increase in your salary or that they did not
appreciate your work and inventions, because two wrongs do not make a
right. You shouldstrive to improve your standing in the companyby
proper means, such as asking for it.
And Allah knows best.
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And Allah Knows the Best!
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Published by :->
M NajimudeeN Bsc- INDIA
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