Can I Use a VPN to Watch a Permissible Show Not Offered in My Country?
Shafi'i Fiqh
Answered by Shaykh Muhammad Carr
Question
I want to watch a permissible show, but it is not legally available on streaming services in my country. In other countries, however, it is available on legitimate services. Some of these services restrict subscriptions to residents of certain countries. I would need to use a foreign-region account, and potentially a VPN, to access the service. I would: pay the full subscription/purchase price; not pirate or redistribute anything; use the content only personally; and the only reason for the regional restriction is essentially international licensing/territorial availability. Does a territorial restriction in a streaming service’s Terms of Service actually constitute a binding Islamic contractual condition in this situation? And would it make a difference if the Terms do NOT explicitly say that the subscriber must be a resident/citizen of that country, but the service is simply geographically restricted?
Answer
May Allah reward you for ensuring your contracts are Shariah-compliant and for thinking through and analyzing the various facets of your proposed VPN use. I understand your frustration.
According to the Shafiʿi School, territorial restriction in a streaming service’s Terms of Service constitutes a binding Islamic condition. [Khatib, Mughni] If the terms and conditions do not explicitly say that the subscriber must be a resident, then it would be permissible to use a VPN.
International Licensing Limitations
Barring excruciating circumstances, international licensing limitations should be upheld. Geographically limited contractual rights are well recognized in the Shariah. [See: Khatib, Mughni] Violating this right infringes on the service provider’s autonomy. Allah says, “O you who believe, devour not your wealth between you through falsehood; But only through trade by your complete mutual consent.” [Quran 4:29]
It would be permissible to use a VPN if the Terms do not explicitly say that the subscriber must be a resident/citizen of that country, but the service is simply geographically restricted. In this instance, you are not morally responsible for enquiring further. Allah says, “O you who believe, seek not answers about things of no benefit to you, which if disclosed in new commands would only dismay you”. [Quran 5:101]
Basis for Territorial Restrictions
En commandite partnerships, as well as key money for commercial premises, provide precedents for recognizing territorial restrictions. The entrepreneur is not allowed to travel with the wealth entrusted to him without the investor’s permission. [Dimyati, Iʿana] In other words, he is restricted to business in his locale.
Right of admission reservation is a clear precedent for territorial restrictions. Allah says, “O you who believe, do not enter homes other than your own homes until you have made yourselves genuinely welcome to enter.” [Quran 24:27]
Key money for commercial premises (khalw al-hawanit) is based on the acknowledgment of a territorial right. This right is a form of wealth that can be transferred and disposed of. The owner naturally then reserves the right to restrict whomever, and however he deems fit, insofar as this right is concerned. [See: Muhammad Uthman Shabir, al-Muʿamalat al-Maliyya al-Muʿasara]
Wealth belonging to another is sacrosanct. Preserve this sanctity and Allah will preserve you. What is gained through honesty and Allah consciousness carries blessings. Whereas material benefit gained through deception can deprive one of that blessing. A believer should therefore not only ask, “Can I obtain this?” but also, “Can I obtain it in a manner pleasing to Allah?”
And with Allah alone is our success.
Muhammad Carr
Related Answers
- Violating The Terms of Service on a Website — Breaking a website’s terms of service is forbidden, since users act on agreed conditions and believers are bound by the conditions they stipulate.
- Is It Sinful to Use Unofficial APIs Against Terms of Service? — Using unofficial APIs against a company’s terms is impermissible, as believers are bound by their agreements and breach of trust is forbidden even toward non-Muslim companies.
- Are Copyrights Valid As It Relates to Islamic Content That Benefits Muslims, or Can We Freely Download and Share It? — Copyright is binding and must be obeyed, because intellectual property is valuable and protecting it supports those who produce knowledge.
Shaykh Muhammad Carr has dedicated his life to studying and transmitting our beautiful deen. His studies have taken him around the globe, where he has benefited from many luminaries. Under the guidance of his teachers – Shaykh Taha Karan, Shaykh Yaseen Abbas, Shaykh Muadh Ali ,and many others – Shaykh Muhammad has grown to appreciate the beauty and benefits of diverse scholarship. He completed his memorization of the Qur’an at Dar al-Ulum Zakariyyah in September 1997 and received an Alimiyya Degree in 2006 from DUAI (Darul Ulum al-Arabiyyah al-Islamiyyah). He is also affiliated with Masjid Auwal in Bo Kaap, Cape Town (the oldest mosque in South Africa), where he serves as a co-imam, and Dar Al-Safa, where he has taught since 2018. As a teacher, he imparts the wisdom of our heritage and tradition by opening the door for students. As an imam, he has the unique opportunity to serve his community in daily life. In addition to his roles as a teacher and imam, Shaykh Muhammad Carr has contributed significantly to the administrative and advisory aspects of Islamic institutions. Since 2023, he has served as the Administrative Director at The Imam Kurani Institute, contributing to the institution’s growth and development. He continues to pursue traditional Islamic Sciences, possessing a keen interest in Islamic Contract Law and Finance. Shaykh Muhammad has been a Shari’ah Board Member for Islamic Asset Management & Insurance Companies since 2001, aligning financial practices with Islamic principles.
