Legitimacy or Validity and Legitimate Property (in the View of Shari ah) of Intellectual Rights

The legitimate property of commodity (sold things or the subject of sale) is one of the stipulations of the validity of transaction. Therefore, there is disagreement in possibility of conducting intellectual rights from the view of conventional and religious property. It is necessary to study the legitimacy or validity of the principle of the intellectual rights because it is apparently contrary to principles and rules such as control (taslit). Meanwhile gathering and studying the opinions of the scholars, the following paper has resulted that the Islamic jurisprudential nature of the intellectual rights if it is an emerging subject, its validity according to the principle of the validity and public rules of contracts is proved. Meanwhile proving the neo-intellectual rights, it is possible to achieve the legality of the intellectual rights by using the conducts of wise men according to some statement. But if it is not new, according to the position of convention in the change of issues and decrees and lastly in the form of a clause (a condition within a contract) -negative condition- it is provable the legitimacy or validity of it. After proving the legitimacy of the principle of the intellectual rights, it can be resulted its conventional property like finances of many other customary rights among people. Because there is conventional and intellectual criteria and parameters for lawfully permissible benefit of properties according to Shari’ah in it and it is accepted by God. Therefore, the intellectual rights from the point of lawfully permissible benefit according to Shari’ah has no problem. The most notable achievement of this research is proving neo-emerging of intellectual rights as it is conventional impossible to be in the time of the Holy Legislator also establishing parameters of lawfully permissible benefit of properties according to Shari’ah and be accorded with the intellectual rights with these parameters.