Praise be to Allaah.
The ruling on putting the
cracks and serials on the web page is based on the ruling on copying the
program itself. If it is permissible to copy the program then it is
permissible to put its crack on the web page, and if it is forbidden to copy
the program then it is forbidden to put its crack or serial on the web
We have discussed the
ruling on copying programs in previous answers. There follows a summary of
what we have said.
If the owners and inventors of the program have stated that it is
copyrighted, and that is not permitted to make copies of it for personal or
public use, then the basic principle is that this condition of theirs should
be fulfilled, because the Prophet (peace and blessings of Allaah be upon
him) said: “The Muslims are bound by their conditions.”
And he (peace and blessings of Allaah be upon him) said: “Whoever
reaches a permissible thing (that is permissible to anyone) first is more
entitled to it.” This is what was quoted as evidence by Shaykh Ibn Baaz (may
Allaah have mercy on him) in his fatwa with the Standing Committee. See
Fataawa al-Lajnah al-Daa’imah (13/188).
This is supported by the fact that copyright of writings, inventions and
products, and other tangible and intangible rights, are guaranteed and it is
not permissible to transgress against them without the permission of the
owners. That includes tapes, disks and books.
Undoubtedly those who produce tapes and disks have put time, effort and
money into producing them, and there is nothing in sharee’ah to prevent them
from taking the profit that results from this work. The one who transgresses
against their rights is wronging them and consuming their wealth
Moreover, if it were permitted to transgress against these rights, these
companies would stop producing and inventing things because it would bring
them no profit, and they may end up being unable to pay their employees.
Undoubtedly if this work were to cease, people would be deprived of a lot of
good, so it is appropriate that the scholars have issued fatwas stating that
it is haraam to transgress against these rights.
If there is no statement that it is not allowed to make personal copies,
then it is permissible to make copies for personal use, but not for profit.
Shaykh Muhammad ibn Saalih al-‘Uthaymeen said concerning this issue:
This should be dealt with according to custom. If a person wants to make a
copy for himself and the one who initially wrote it did not state that it is
not allowed to make personal or public copies, then I hope that there is
nothing wrong with that. But if the person who initially wrote it stated
that it is not permitted to make personal or public copies, then it is not
permissible at all. End quote.
What we have mentioned in either case is the general ruling with regard to
principles. But there may be some cases in which it is permissible to make
copies without permission of the owners. That applies in two cases:
1 – If it is not available in the marketplace and one needs it, and the
copies are for personal use or charitable distribution, and they not going
to be sold or profited from.
2 – If there is a great need for it and the owners are demanding more for it
than it is worth, and they have already made enough money to cover their
costs with a reasonable amount of profit, and that is something to be
decided by experts. In that case it is permissible to copy it for personal
use, not with the aim of selling it.
3 – If it belongs to
someone who is not protected by sharee’ah, then there is nothing wrong with
copying it. The one who is protected by sharee’ah is the Muslim or dhimmi
(non-Muslim living under Muslim rule) or musta’min (the one who been granted
safety by the Muslim ruler), in contrast to the harbi (non-Muslim who is in
a state of war against Islam).
Based on that, if copying
something is forbidden, then you must prevent the members of the forum from
posting links to download it or download its cracks and serials; it is not
sufficient to post a notice saying that it is not allowed, because it is an
evil that you are able to remove or change.
And Allaah knows best.