Hi, I'm a Muslim who has just gone through law school (studying US IP law) and who is now writing a phd on digital copyright in the ivy leagues.)
Not being an expert in Islamic law and not having much time, I can't answer your question fully. However, I can tell you:
1) There is no 'church' akin to the Vatican in Sunni Islam, and Sunni Islam encompasses virtually all Muslim countries from Africa to Indonesia, except Iran. Generally, Islam is reluctant to produce hierarchies, and in Sunni Islam, the scholars have an interpretive role, not an executive role. (Modern Shite Islam in Iran is obviously different, where Khomenei combined both roles.)
2) What is Al-Azhar? Al-Azhar is a place of higher learning; interpretations eminating from there are respected just as interpretations at our leading law schools are respected-- because the people are highly trained. (Interesting aside: Al-Azhar is perhaps the world's oldest university, and it's the institution upon which great European (and thus American) universities were modeled upon. Even the tradition of graduation robes can be traced back to Al-Azhar. Furthermore, many concepts such as "reasonable doubt" and hermeneutic reasoning were present in Islamic law even in the days when European legal systems were busy employing 'trial by fire' and 'trial by water'. My point is, Islamic law and Al-Azhar are much more sophisticated than you might think, although the warped misimplementation of Shari'a in the corrupt Gulf dictatorships (especially) gives reason for people to think otherwise.)
3) For a more detailed understanding, check out: 21 CAPULR 1079 (Capital University Law Review Fall, 1992) THE PROTECTION OF INTELLECTUAL PROPERTY UNDER ISLAMIC LAW
ILSA J Int'l & Comp L 307 DEFINING TERMS IN THE INTELLECTUAL PROPERTY PROTECTION DEBATE: ARE THE NORTH AND SOUTH ARGUING PAST EACH OTHER WHEN WE SAY "PROPERTY"? A LOCKEAN, CONFUCIAN, AND ISLAMIC COMPARISON.
Well... at least I've given you some starting points. cheers. rumi1422 @ yahoo . com
Slashdot Mirror
Hi, I'm a Muslim who has just gone through law school (studying US IP law) and who is now writing a phd on digital copyright in the ivy leagues.)
Not being an expert in Islamic law and not having much time, I can't answer your question fully. However, I can tell you:
1) There is no 'church' akin to the Vatican in Sunni Islam, and Sunni Islam encompasses virtually all Muslim countries from Africa to Indonesia, except Iran. Generally, Islam is reluctant to produce hierarchies, and in Sunni Islam, the scholars have an interpretive role, not an executive role. (Modern Shite Islam in Iran is obviously different, where Khomenei combined both roles.)
2) What is Al-Azhar? Al-Azhar is a place of higher learning; interpretations eminating from there are respected just as interpretations at our leading law schools are respected-- because the people are highly trained.
(Interesting aside: Al-Azhar is perhaps the world's oldest university, and it's the institution upon which great European (and thus American) universities were modeled upon. Even the tradition of graduation robes can be traced back to Al-Azhar. Furthermore, many concepts such as "reasonable doubt" and hermeneutic reasoning were present in Islamic law even in the days when European legal systems were busy employing 'trial by fire' and 'trial by water'. My point is, Islamic law and Al-Azhar are much more sophisticated than you might think, although the warped misimplementation of Shari'a in the corrupt Gulf dictatorships (especially) gives reason for people to think otherwise.)
3) For a more detailed understanding, check out:
21 CAPULR 1079 (Capital University Law Review
Fall, 1992)
THE PROTECTION OF INTELLECTUAL PROPERTY UNDER ISLAMIC LAW
ILSA J Int'l & Comp L 307
DEFINING TERMS IN THE INTELLECTUAL PROPERTY PROTECTION DEBATE: ARE THE NORTH AND SOUTH ARGUING PAST EACH OTHER WHEN WE SAY "PROPERTY"? A LOCKEAN, CONFUCIAN, AND ISLAMIC COMPARISON.
Well... at least I've given you some starting points.
cheers.
rumi1422 @ yahoo . com