Is It Permissible to Scrape Data When Platform Terms Prohibit It?

Answered by Shaykh Irshaad Sedick

Question

If public data is restricted by a platform’s terms of service, is it permissible to scrape it, use third-party scraping tools, or build such tools for clients? Would I bear sin if the tool continues scraping after delivery?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

May Allah alleviate our difficulties and guide us to what pleases Him. Amin.

If a platform’s terms of service (TOS) prohibit scraping, it is not permissible to scrape the data, even if it’s publicly accessible. Violating the TOS is akin to breaching an agreement, and doing so goes against Sacred Law and respecting others’ rights.

Allah says:

“O you who have believed, do not consume one another’s wealth unjustly.” [Quran, 2:188]

And,

“O believers! Obey Allah and obey the Messenger and those in authority among you. Should you disagree on anything, then refer it to Allah and His Messenger, if you ˹truly˺ believe in Allah and the Last Day. This is the best and fairest resolution. [Quran, 4:59]

Developing or delivering tools that violate TOS is also problematic, as you would be facilitating harm. If the tool continues scraping after delivery, you may still bear responsibility for that.

In short, avoid using or building scraping tools that breach a platform’s TOS, and always ensure your actions align with ethical guidelines.

I pray this is of benefit and that Allah guides us all.
And Allah knows best.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town. He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.