Foundations of Disclosure Right in Fiqh

Moral Rights deriving from intellectual creations is to protect noneconomic interests of the creator. As there have been very limited studies on the economic aspects of the intellectual creator's rights in Imami Fiqh, one cannot find deep investigation into the moral rights in Fiqh. The Islamic foundations of disclosure right as the most famous instance of moral rights is the main subject of this research. As introduction, we will have a quick overview on the concept and history of moral rights and disclosure right and its position in the western legal systems (civil law and common law). Then based on a descriptive - analytical approach, arguments from a Fiqh standpoint are presented in order to clarify the legitimacy of disclosure right. Evidences such as verses emphasizing justice (Adl) and equity (Ensaf), the hadith (tradition) of “Almajalesu Bil- Amanah”, rational argument of the freedom of author in the disclosure of his work, Valiyye-Faqih authority and Fiqh general rules such as the rule of social system preservation. All these arguments are followed by of major and minor premise criticizations such as being narrower than the claim and posing reversal answers. Finally, some of these arguments such as verses forbidding the disclosure of mysteries are approved of and their Implications has been analyzed.