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The question

Is it permissible for me to own software, including what was developed during my employment, and then sell it and profit from it, given that the company failed to pay my dues and breached the agreement?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If an employee works as a programmer in a company, the ownership of the software belongs to the company, and he has the right to stipulate the recognition of his moral rights. If the company fails to fulfill his rights and he has worked on developing software for additional compensation, this becomes a debt owed by the company. The ownership of the software remains with the company, but if he is unable to obtain his rights through legitimate means, it is permissible for him to sell from the software only what is equivalent to his right, without excess. This is known as the issue of 'al-Zafar' (obtaining one's right by force), provided that he does not expose himself to accusations of theft. Scholars have differed regarding the permissibility of this issue.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
20989
Imported
Translation status
Source text, unreviewed
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