Özet:

In this study, the assessments made by contemporary Islamic lawyers on copyrights discussed in different contexts in modern law and economic literature have been reviewed. The lack of absolute stagnation of the various views presented in the fictional studies on which the issue is addressed, the instability of the developments that occur in the modern world and the change in the structure of rights enable the subject to be re-evaluated with current data. Therefore, in contemporary literature, the opinions of Islamic lawyers on copyrights have been studied with a critical approach. The Islamic philosophy in the opinions revealed on the subject was pointed out to the incompatibility of reading through the modern law terms. As copyrights are a fair of intellectual property, the economic dimension of the subject has been placed and the difference in the concept of property in the classical fiction has been emphasized from the approaches that exist in the economic and legal field. These studies, using the concepts of classical fiction and the differences of modern law, have been evaluated in terms of scope, extent and ethical violations. This study was done to draw a portrait of the work done in the field of copyright, to draw attention to the importance of the current topic, to reveal the shortcomings in literature and the methodology for the solution to existing problems. This study, in which the intellectual and economic reading of Islam is done together, has two main objectives: the first is to draw attention to the differences in understanding between the economy and Islamic law, which is the basis of modern law on copyright; the second is to evaluate the intellectual substructs of the studies on copyright in Islamic law literature. The study focuses primarily on the intellectual property approaches of the economics science. Then, on the basis of the concepts of rights, property and property, the framework of the views on copyrights of contemporary fictional researchers was drawn up. This section also included the differentiation of financial and spiritual rights based on modern law in the intellectual property law. This is due to the fact that this distinction has been used in almost all existing approaches. Here, in particular, issues such as whether rights or interests are considered as goods, the physical characteristics of the goods or the abstract qualities, the enjoyment of acquiring property are discussed. The other part, which includes the opinions of the fighteous researchers, is the part that can be linked to the concept of spiritual right, where the possibility of the knowledge to be sold, the continuation of its membership to the owner of the work and its sher is placed on the basis of the absence of the theoretical basis of copyright, the solutions that the Islamic lawyers offer to new issues have been drawn up. In the third part of the study, the opinions of Islamic lawyers on copyrights have been revealed from various aspects. Here we are pointing out the deficiencies and disadvantages of existing opinions. First of all, the existing copyright assessments in the fighters have been discussed primarily on the basis of religious and literary works. It has also been highlighted the shortcomings seen in reflecting the scope of the concept of the work specified in the legislation in the Islamic law research. Again, the current studies have shown that the work that draw the general framework requires more specific and deep work. The second point is that the rights and interests are not assessed in the contractual property and the ethical issues are not presented. In particular, in terms of power not assessed in the milk category, the "right or law" in the secondary jurisdiction is based on the milk-right-ibaha definition. Finally, some deficiencies have been emphasized in the issue addressed in the context of ethical violation. The first of these is that the fictional assessments that don’t well satisfy the sale of religious content in copyright have not brought a proposal on ethical violation. The second is that those who accept copyrights do not produce root solutions to this problem. In both approaches, the contradiction in the negative approach is clearer as this lack is felt. Despite the importance of attribution to the owner of opinions, it does not seem correct to approach the issue only from the point of view of the sale of information. At this point, the punishment of copyright infringement is also necessary.

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