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Fatwa CenterBreaching the terms and conditions of downloaded software
Question
I asked this question before but you referred me to other fatwas, which do not satisfy me...please, answer my question in particular, it will be a favor....."Whenever we download a new software or make a new account online…it comes with the acceptance of terms and services and after we accept these terms we enter in a contract…my question is, do we have to 100% obey these terms of service(as these involve too much NOOOs)…and it has become very difficult for me to obey these instructions…do we have to treat them as promises and contracts that we make to the corresponding companies when we accept these terms…I read a hadith which said “That the one who does not keeps his promise has no religion”…Islam holds promises and contracts in high regards…but I live in a country where piracy is common and I cannot follow these terms and conditions 100% without going to extremes…please advice me"
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
One must adhere to the conditions that he accepts relating to the permission of the owner of the software program for downloading it and the like, unless these are conditions for something unlawful, because unlawful conditions are void and it is not an obligation to fulfill them. In fact, it is not permissible to fulfill such conditions.
Not fulfilling such conditions is not a breach of contract or covenant as the Prophet, sallallaahu ‘alayhi wa sallam, said to ‘Aa’ishah when she sponsored the manumission of Bareerah, while Bareerah's master had set a condition that he would be the Walaa’ beneficiary of Bareerah's inheritance (i.e. the right of inheritance would vest in them): "Take her (free her) and set the condition that they are her Walaa’ beneficiary, as the Walaa’ belongs to the one who sponsors the manumission," and ‘Aa’ishah did so. Then, the Prophet, sallallaahu ‘alayhi wa sallam, stood up and addressed the people; he praised Allaah and then said: "What is the matter with people who stipulate conditions that are not in the Book of Allaah. Every condition that is not in the Book of Allaah is a false condition, even its number is a hundred conditions. The judgment of Allaah is more right, and the religion of Allaah is more secure, and the Walaa’ belongs to the sponsor of the manumission." [Al-Bukhari and Muslim]
Also, the Prophet, sallallaahu ‘alayhi wa sallam, said: "The Muslims are bound by their conditions, except a condition that forbids what is lawful or permits what is unlawful." [At-Tirmithi]
This is evidence that unlawful conditions are void and should not be taken into account and it is not permissible to fulfill them.
As regards lawful conditions, one must abide by them, or else the person would be breaking his promise and breaching his condition. Allaah says (what means): {O you who have believed, fulfill [all] contracts.} [Quran 5:1]
Allaah also says (what means): {And fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.} [Quran 17:34]
If a person is not able to fulfill the conditions, he should abstain from taking responsibility for them and committing to them.
For more benefit, please refer to Fataawa 129693 and 264511.
Allaah Knows best.
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