Business Contracts

Published on Sunday, 22 April 2012 21:26 in Business - Read 2013 times

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Question

Mera ik friend ka bhai hai jo Ik Graphics designing company mai Kam krta tha usnai aur uskai kuch dosto nai milker waha sai Ik Hard Disk (Like CD)Nikal le jismai Kamo Besh 80 GB ya 40 Gb ka Data Maujood tha ya us sai kam, Yeh vo data tha Jaisay Koi Customer ata ya Online design tayyar kerwata to usko sample diye jatay jis mai sai isko ik pasand aata tha Baqi Drive mai save kr Liye Jatay thai Kuch Design iskai thai Kuch doosro logo k , ya yeh bhi ho sakta hai saray isi nai design kiye ho , Normally comapny rule hota hai k Koi cheeze baher nhi ja sakti lekin ho sakta hai k Written mai maujood na ho k Koi cheeze ya Data baher jaye Dono Soorto mai kia is data ko use krna Kaisa hai?? Mere Dost ka bhai is company ko chor chuka hai

Please meri yeh mushkil asaan kijiye!!!

Answer

As a Muslim it is one's duty to honor any promises, covenants or contracts he has made with another as long as they do not contradict Islamic Morals. The rights reserved rightfully by a company for it's data must be upheld by all Muslims. If such rights were established by the company then the designer of the company must abide by them rights and return the data and not use it. However, if there was no agreement of such rights or any sort of contract which indicates such rights for the company then the designer is free to use the designs he made and also the designs somebody else made with their permission.

A Muslim must always be honest, truthful and must uphold the rights of others at all times. Taking another's possession is unlawful and that includes one's own data produced under a contract with a company for the company. In such situation, the company is the rightful owner of the data. Any production of designs produced within the hours that the company is paying the individual for may also be owned by the company. This may vary with the custom of the people and the place of the incident. One should refer this to a local Mufti and provide any additional information required for a befitting answer.

And Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars) 

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