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Fatwa CenterUsing unofficial software in customizing phone
Question
Assalaamu alaykum. I want to ask about the view in Islam regarding customizing software - unofficial software - in some devices that we own. We know that in this modern era, android smartphones are practically everywhere. This technology is free, open source, and widely available. I have a Sony Xperia smartphone, and I installed some custom android ROM, but I decided to revert back to its original firmware. The tricky part is that I downloaded the firmware outside the Sony website (because it is unavailable there). Secondly, I installed using a flashtool which is not from Sony. One thing to note is that there is some proprietary software in the firmware of which I think it is permitted to install it on Sony Xperia devices only. However, I could not found any legal description for these acts, so I assume that it is legal. Given that I am installing an official Sony OS onto my own Sony device, it is legal in my view. I have read fatwa No : 268114 on your site, and this is not the same as jailbreaking or breaking a license agreement etc. This is an android device. I found no statement from Sony that this is illegal. I already asked them, but I got no responce. My question is very simple: can we, in Islam, do such things like using customization software, or even hardware, on a company's device that we own, using unofficial software? The company does not provide enough tools for the customer to do more with the device. Thank you so much. May Allah reward you.
Answer
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
This question requires the opinion of the relevant specialists and experts rather than scholars. The Mufti can merely declare the action in question lawful as long as it does not involve any infringement of the intellectual rights and the like of rights that are recognized by the Shariah. The basic principle is that such an action is permissible and that there is no religious impediment to it.
The legal implication of a valid sale transaction is the transfer of ownership of the purchased item to the buyer, entitling him to freely dispose of it. However, if disposing of the purchased item entails infringement of others' rights, then it is prohibited, as these rights belong to their holders. In case of doubt, permissibility is the basic principle.
You should refer to the relevant experts and specialists to determine what is considered infringement of copyrights and what is not.
Allah knows best.
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