(#222)
Question
Salam ‘alaykum, a designer imagines the concept of a legal tangible product which will be produced industrially and marketed in large numbers. Does the designer have the right to receive a percentage of the price? Because the company could edit the product millions of times, for several years after delivery of the designer’s work. I feel like it would be fair to continue paying the designer for the exploitation of his idea. Wa Allahu taâla a’lam. Shukran
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaram
We have received your query regarding royalties, we apologise for the belated reply, our response is as follows:
The view of the Darul-Ifta is the impermissibility of receiving payment for royalties, due to the sale of royalties being tantamount to the sale of a mere right which is intangible. It is not permissible to sell a right or an intangible asset in terms of Shar’i law, hence such a sale is impermissible.
(Ahsanul Fatawa Vl 6, pg. 528).
And Allah Ta’ala knows best
Answered by:
Muhammad Irshad Motara
19th Safr 1446
25th August 2024
