بسم الله الرحمن الرحيم
Answer to a Question
The work of the electro magnetic waves floating in the air, is similar to that of ships floating in the sea, because the atmosphere and the sea and others the nature of which forbids the ownership of individuals for it, all of these are public properties.
It is allowed for the state and companies and individuals to have ships in the sea, and they are allowed to have electro magnetic waves in the air, considering three points:
1. Using these waves do not need erecting columns in the public property (such as roads).
2. If benefiting from the public property forbids others from benefiting from it or cause damage to it, then it is the duty of the state in this case to organize its administration, to guarantee the possibility of benefiting from the public property by all. The state should organize the lines of sailing for ships in the rivers and seas, similar to organizing traffic on roads, and so on, in order to sponsor the affairs.
«الإمام راعٍ ومسئول عن رعيته»
"The Imam is supervisor and is responsible of his citizens.." Extracted by Al-Bukhari
3. If benefiting from the public property in one of the cases, causes harm to the individual or state or society, then this case is prohibited according to the basis of harm (if any individual causes harm, then this individual is not allowed and the rest of the permitted continues to be permitted). Upon that, concerning the owning of electro magnetic waves, if it does not need erecting columns in the public property, or if columns were erected in the properties of these companies or individuals: Then…
1: It is allowed to be owned by a permit of the state, in order to organize the benefiting of public property of the state, in a way which allows everybody to benefit in the correct manner.
2: The state can forbid using any electro magnetic waves, if it sees harm in using it, such as forbidding the allowed individual, if he causes harm, such as using these waves to spy on Muslims and so on.
But if it needs erecting columns in the public property, then the companies or individuals are not allowed to use these waves, only the state can use it.
07 Thul Hijjah 1426 AH
07 January 2006 CE