An Islamic Appraisal of Deficiencies in Pakistan’s Intellectual Property Framework

Abstract

Pakistan has made notable progress in the development of intellectual property (IP) laws; however, significant gaps emerge when these laws are assessed in light of Islamic principles. While Article 227 of the Constitution requires that all legislation conform to the Qur’an and Sunnah, Pakistan’s IP framework remains heavily influenced by Western legal traditions and international agreements such as TRIPS. This creates tensions between global legal obligations and Islamic values, particularly in relation to monopolies, equitable access to knowledge, and the ethical dimensions of ownership. Moreover, the enforcement of IP rights is hindered by weak institutional capacity, limited public awareness, and insufficient engagement with Islamic jurisprudence. These shortcomings underscore the need for comprehensive legal reforms aimed at harmonizing IP legislation with Islamic teachings, thereby fostering a system that is both just and contextually relevant.