cross-posted from: https://lemdro.id/post/38140147
I got into free and open source software, you can take an idea about it from fsf by watching the video https://www.fsf.org/about/what-is-free-software
So, I have been in this rabbit hole for years now. And I convinced myself that using non-free software is haram and I shouldn’t do it, however when I looked it up I found no discussion about it In Muslim communities anywhere, no fatwas about it. But how can that be, don’t anyone else see big tech companies evil? Shouldn’t Muslims use these free as in freedom software instead of Google and Facebook products? Shouldn’t products by Facebook, openai and Microsoft and the rest of them be haram with existence of free alternatives that respect user privacy and freedom? Why there’s no discussion about it at all?
3·2 days ago- Everything is “default-allowed” unless otherwise proven (A basic rule in jurisprudence/fiqh. In arabic: “الأصل في الأشياء الإباحة”).
- Current open-source software licenses (including the copyleft subset) are a part of enforceable legal frameworks. They are not self-enforced moral/ethical directives. None of the current popular licenses were born in an environment where sharia law is ruling, or even known. In fact, none of them were written for anything but the current capitalist world order.
- There is no legitimate “Dar Hijra” around, with real independence and a proper Shura system and with real sharia enforced (an Islamic state is named after the ability for anyone to migrate to, and become a part of, it (“hijra”), because that’s a strict first requirement 😉). Most states with majority Muslim (or supposed Muslim) populations are fake colonial constructs with client feudalistic regimes.
- All good “scholars” are either dead, in prison, in exile, or keeping a low profile. Most scholars you know, if not all, are the ones the prophet had in mind when he said: “Most hypocrites in my Umma are its scholars”, and that’s a literal quote (Arabic: “أكثر منافقي أمتي قراؤها”). In modernity, this generic reality became clear beyond Muslim societies (Check out “The Treason Of The Intellectuals”/“La Trahison des clercs”).
- For when a real “Dar Hijra” emerges, and this needs much much more study and elaboration, but as a starting point, the differentiation between the knowledge, and the application of knowledge in software is important. Free access to the former must be protected (“legally”), as is access to all knowledge. When it comes to the application/implementation, it’s more complicated!
- Attribution is also important and well-protected under Sharia law. So there should be no problem there. It would actually be more respectful of actual pioneers, unlike the current patent system(s), where patents get sold around and are mostly owned by big companies and trolls.