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Ironically, Herne the Hunter actually is in the public domain. He's an old legend mentioned at least as far back as William Shakespeare's "The Merry Wives of Windsor" from 1597.
However, he didn't have a connection to Robin Hood until "Robin of Sherwood".
The problem is that since there aren't any Muslim members of the Merry Men in the original stories, all of these adaptations have had to make up their own, and then the creator of that adaptation owns the copyright for that Muslim friend, so the next one will also have to make up their own.
It's easier to just stick with the characters that are in the public domain.