Criminal Liability for Infringement of Intellectual Property Rights: A Comparative Study in Islamic Jurisprudence and Afghan Law
Abstract
This research examines the provisions related to the infringement of intellectual property rights in Islamic jurisprudence and Afghan law. With the increase in scientific and creative production and the expansion of the digital environment, intellectual property has gained special importance as an intangible yet valuable right. The need for this study arises from the fact that comparative and analytical research between jurisprudential and legal perspectives—particularly regarding violations and their consequences—is relatively limited. This study employs a qualitative, analytical, and comparative methodology. Data were collected from principles of Islamic jurisprudence, Afghan laws, and relevant academic literature, and analyzed through descriptive and inferential approaches. The findings of the research indicate that intellectual property is recognized in both systems as a legitimate and protectable right. In Islamic jurisprudence, the legitimacy of this right is based on general legal maxims such as “There should be neither harm nor reciprocating harm” (la darar wa la dirar) and “Liability accompanies gain” (al-ghurm bil-ghunm). In contrast, Afghan law explicitly regulates this right and provides specific legal and criminal mechanisms for its protection. Similarly, infringement of intellectual property is considered unlawful in both systems. In Islamic jurisprudence, it is addressed through compensation (Daman) and discretionary punishment (ta'zir), while in Afghan law, it is dealt with through criminal penalties. In conclusion, although there are differences in the mechanisms of implementation between the two systems, they are fundamentally aligned in principle. It is recommended that the enforcement of laws be strengthened, public awareness be increased, and further research be conducted on digital intellectual property rights.
How to Cite This Article
Bakhtullah Ahmadzai (2026). Criminal Liability for Infringement of Intellectual Property Rights: A Comparative Study in Islamic Jurisprudence and Afghan Law . International Journal of Multidisciplinary Research and Growth Evaluation (IJMRGE), 7(3), 697-703. DOI: https://doi.org/10.54660/IJMRGE.2026.7.3.697-703