The confluence of <i>Sharīʿa</i> and Statutory Law: theoretical foundations and practical applications of Islamic legal doctrines in shaping Egyptian Intellectual Property Statute

Abstract Egypt incorporates Sharīʿa into its legal system as a constitutional obligation, although the degree of its application varies across different branches of law. Certain fields, such as family law, are directly shaped by Sharīʿa, whereas others, including intellectual property (IP), are predominantly influenced by modern secular European laws. Traditional Islamic jurists, in contrast to their modern counterparts, did not generally treat IP as a distinct and autonomous branch of law, but rather as a collection of related principles. This raises the question of how Egyptian law, informed by Sharīʿa, addresses the protection of employee inventions. It also prompts consideration of whether Sharīʿa principles could serve as a renewable legislative source for innovation protection or whether they remain primarily of historical significance. A horizontal comparative approach between Egyptian law and Islamic law is employed to examine the scope of protection afforded to employees in respect of inventions. The analysis begins by considering whether IP has a basis within Islamic law and how it is perceived by Islamic jurists. It then addresses the nature of employment contracts under both Islamic and Egyptian law, with particular reference to inventions created by employees in the course of their employment. Finally, it compares the Egyptian legal framework with Islamic principles, focusing on the entitlement of employees to financial rights arising from their inventions.

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