Hackintosh - Islamic ruling?

[WaseemAlkurdi]

Dear all,

 

Assalamu alaykum ...

 

We all know about the no Hackintosh condition in the Apple EULA ... And as the EULA is a contract in Islam, is it halal for: Apple to introduce this condition, and if not, is it halal for us Hackintoshers to break it?

 

However, there are grounds to believe that this condition is only there to deter companies from making such computers and selling them for a profit (as in Psystar Inc. in the United States, later sued in court by Apple), not really to deter individuals.

 

My question is: Is the EULA valid?

 

Is the EULA enforceable in Islam? (like, does it apply if I remove it from the operating system?). It says that you automatically agree to its terms by merely using the operating system. Isn't that an enforced contract?

 

The condition of the non-Apple-branded computer seems to be a monopoly over the operating system (I sold the product to you BUT you can only use it however we wish and ONLY on our computers). Is such monopoly halal?

 

Posted in Islam Stack Exchange, but no really helpful answers.

 

Edit: EULAs are not enforceable in my country. Please check yours for such enforceability.

[Gurqn]

If you are going to commercialise situation then Apple may sue such as in case of Psystar Inc. Beside of that I strongly discourage thinking about that matter by any religion's perspective. I just say, shouldn't.

[WaseemAlkurdi]

If you are going to commercialise situation then Apple may sue such as in case of Psystar Inc. Beside of that I strongly discourage thinking about that matter by any religion's perspective. I just say, shouldn't.

I do not care about legal action, but in our religion, it was ruled that EULAs are just like any "rental" contract between you and Apple and you (the user) have to abide or it would be against the religion ...

However, Apple's conditions are unfair. Does that make the contract void?

***

About religious perspectives, I am a practicing Muslim and if my religion doesn't allow me to Hackintosh, it's game over, and I'm sure that there are people like me anywhere in the world. Why are we supposed to be bound by religion is another issue.

Thanks :-)

Edit: a. "game over" witg the hackintosh, not religion.

b. "Why are we supposed to be bound by religion is another issue" - this is added to prevent this post from becoming a hotspot for criticism of Islam/religions.

[Mr. Xtreme]

It says you can only use Appls product [macOS] on their hardware [mackintosh], which is not really legal I believe, but don't call me up on it, I'm nowhere near a lawyer

[ahmed_ais]

I do not care about legal action, but in our religion, it was ruled that EULAs are just like any "rental" contract between you and Apple and you (the user) have to abide or it would be against the religion ...

However, Apple's conditions are unfair. Does that make the contract void?

***

About religious perspectives, I am a practicing Muslim and if my religion doesn't allow me to Hackintosh, it's game over, and I'm sure that there are people like me anywhere in the world. Why are we supposed to be bound by religion is another issue.

Thanks :-)

 

I will comment on this from religious prospective and not in legal terms, which is what you seek but take my words with grain of salt as I'm not in position to give fatwaa. Islam, like many other religions AFAIK, respects all types of agreements as long as it does not conflict with any of the rules given by God.

 

The EULA is simply an agreement that is not enforced such that the end user can choose to accept or not. What if Apple's conditions are unfair? you still can reject the EULA and not to use the software and rely on the other viable options that does exist. If Apple's conditions are not fair, this does not give a Muslim (or anybody actually), the right to use their code in a way Apple do not want. No body (a Muslim or not) may steal goods from a merchant just because his terms and conditions for selling are unfair as long as other goods are sold normally in other places.

 

But what if there is not ANY viable option exist? or if a person rely on some application that only exist on Apple's platform and he can NOT afford to buy Apple's hardware to comply with the EULA, is that haram in Islam? I don't think so as general rule here is "Necessities allow Prohibitions".

 

I'm a Muslim and I have created a thread here to help people to make hackintosh but I don't think it is really haram because it is only intended for educational purposes (just a proof of concept). Doing so made me learn about ACPI, hardware, tools and software to fix things, and to use shell scripts so it is beneficial. However, If I decided to mainly use OS X for all my needs then I will seek to buy Apple's hardware to comply with Apple's EULA after all.

 

In short, yes Islam will and should respect software EULA and I'm sorry I could not say otherwise to not drive you away from Islam. However, you should know that religions in their core aim to help people fix their habits and ethics. A person who decide to be religious should choose the religion that answers his questions about life and beyond and accept that some of his action should change accordingly. We don't choose a religion that fit our habits (including the bad ones) but we choose a religion to help us overcome our faults.

[WaseemAlkurdi]

I will comment on this from religious prospective and not in legal terms, which is what you seek but take my words with grain of salt as I'm not in position to give fatwaa. Islam, like many other religions AFAIK, respects all types of agreements as long as it does not conflict with any of the rules given by God.

 

The EULA is simply an agreement that is not enforced such that the end user can choose to accept or not. What if Apple's conditions are unfair? you still can reject the EULA and not to use the software and rely on the other viable options that does exist. If Apple's conditions are not fair, this does not give a Muslim (or anybody actually), the right to use their code in a way Apple do not want. No body (a Muslim or not) may steal goods from a merchant just because his terms and conditions for selling are unfair as long as other goods are sold normally in other places.

 

But what if there is not ANY viable option exist? or if a person rely on some application that only exist on Apple's platform and he can NOT afford to buy Apple's hardware to comply with the EULA, is that haram in Islam? I don't think so as general rule here is "Necessities allow Prohibitions".

 

I'm a Muslim and I have created a thread here to help people to make hackintosh but I don't think it is really haram because it is only intended for educational purposes (just a proof of concept). Doing so made me learn about ACPI, hardware, tools and software to fix things, and to use shell scripts so it is beneficial. However, If I decided to mainly use OS X for all my needs then I will seek to buy Apple's hardware to comply with Apple's EULA after all.

 

In short, yes Islam will and should respect software EULA and I'm sorry I could not say otherwise to not drive you away from Islam. However, you should know that religions in their core aim to help people fix their habits and ethics. A person who decide to be religious should choose the religion that answers his questions about life and beyond and accept that some of his action should change accordingly. We don't choose a religion that fit our habits (including the bad ones) but we choose a religion to help us overcome our faults.

Very, very well said brother!

 

You probably said it all, but I need to clarify a few points about my inquiry.

 

My use of a Hackintosh is educational plus personal, meaning that I did build it to learn, which I have done, but now, I'm using it for almost completely personal stuff (a daily driver OS, and not an educational experience anymore). Is that permissible? Does the "personal" part part fit under that "necessities allow prohibitions" ruling?

 

I am a faithful Muslim, and will not cease to be under any circumstances, and I included "Whether we should follow religion is another issue" for the sole purpose of preventing this thread from becoming a hotspot for criticism of Islam or religions, like a thread I opened on another forum a while back.

[ahmed_ais]

My use of a Hackintosh is educational plus personal, meaning that I did build it to learn, which I have done, but now, I'm using it for almost completely personal stuff (a daily driver OS, and not an educational experience anymore). Is that permissible? Does the "personal" part part fit under that "necessities allow prohibitions" ruling?

 

It is the human nature to starve for being exempted from the rules so they can do whatever they want   but no, I don't think daily personal use fall under necessities.

 

I would like to add more into the subject as I read and learn more about it. There are a lot of Islamic Scientists who give fatwaa based on their understanding and prospective for Islam. While MOST endorse respecting EULA (and agreements in general), some allow using a software without paying in cases like:

• If the EULA prohibit copying the software for public use only, therefore it may be OK to copy it for personal use (you don't make money out of re-selling it).
• If there is no way to get in touch with the company or to buy a legit copy, therefore a pirated copy may be OK to use
• If the software is VERY expensive to buy while you KNOW WITHOUT DOUBT that the company already made fortunes out of selling it, it may be OK to use it ignoring EULA.

 

I do have the references but in Arabic and I' not sure if anyone can read them.

 

So my advice: try to get a Mac, they are great devices. If not possible, see if you can use the other options available (Linux is fully qualified to do all day-to-day stuff). Otherwise, and if you still need to use OS X, go ahead and use it personally if you can but lay low and don't think of selling copies or pre-installed systems as it is not halal and Apple will chase you anyway and they have the right to do so.

 

 

Funny note: I have read before that to comply with the EULA you may just put Apple-brand sticker on your PC and then you are all set since the EULA does not define what is Apple-branded computer/hardware   : 

 

2. Permitted License Uses and Restrictions.

A. Standard and Preinstalled Apple Software License

bla bla bla ... you are granted a limited, non-exclusive license to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer at any one time ... bla bla bla

I. Other Use Restrictions

The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Apple Software on any non-Apple-branded computer, or to enable others to do so. ... bla bla bla

[WaseemAlkurdi]

It is the human nature to starve for being exempted from the rules so they can do whatever they want but no, I don't think daily personal use fall under necessities.

 

I would like to add more into the subject as I read and learn more about it. There are a lot of Islamic Scientists who give fatwaa based on their understanding and prospective for Islam. While MOST endorse respecting EULA (and agreements in general), some allow using a software without paying in cases like:

• If the EULA prohibit copying the software for public use only, therefore it may be OK to copy it for personal use (you don't make money out of re-selling it).
• If there is no way to get in touch with the company or to buy a legit copy, therefore a pirated copy may be OK to use
• If the software is VERY expensive to buy while you KNOW WITHOUT DOUBT that the company already made fortunes out of selling it, it may be OK to use it ignoring EULA.

I do have the references but in Arabic and I' not sure if anyone can read them.

 

So my advice: try to get a Mac, they are great devices. If not possible, see if you can use the other options available (Linux is fully qualified to do all day-to-day stuff). Otherwise, and if you still need to use OS X, go ahead and use it personally if you can but lay low and don't think of selling copies or pre-installed systems as it is not halal and Apple will chase you anyway and they have the right to do so.

Hackintosh for personal use is, undoubtedly, neither point 1 or 2.

But could it qualify under point 3?

Apple did indeed make huge profit from selling macOS, alone (formerly) and on Macs.

It is too expensive for me (and lacks a touchscreen, deal breaker).

 

Funny note: I have read before that to comply with the EULA you may just put Apple-brand sticker on your PC and then you are all set since the EULA does not define what is Apple-branded computer/hardware :

I actually have thought about this, but doesn't the EULA assume a-priori that you know what do they mean by Apple branded equipment? Are they (Islamically) allowed to assume this?

And is such a loophole halal?

 

Thanks, I really appreciate your answers!