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Unregistered
02-10-2012, 05:53 PM
Is it permissible for Muslims to buy or sell fake/counterfeit goods such as clothes and bags.i see more and more Muslims,especially our females are selling these fake stuff from home.my understanding is it is illegal as constitutes theft of intellectual property/goodwill in terms of common law but what is Islamic perspective?

Mufti Yusuf Moosagie
02-10-2012, 09:27 PM
Wa Alaikum Salaam Wa Rahmutullahi Wa Barakatuhu

The issue relating to the status of intellectual property/goodwill is a contentious issue and is thus a matter of debate amongst the contemporary scholars. Our Scholars do not approve the concept of Intellectual property/goodwill. They maintain that a copy right or trademark is a mere right which is intangible in nature. As it is merely an intangible right and it does not fall under the ambit of wealth which refers to something that is tangible, it cannot be sold or reserved exclusively for one person alone.

Since there is no intellectual property, it will be permissible to trade with fake/counterfeit goods. One guideline in this regard is that, if one is selling fake/counterfeit goods then one should inform the buyer that it is not original. To sell the item with out informing that it is counterfeit would be tantamount to deception. This would be Haraam.
[Refer to Fataawa Mahmoodiyah, Vol. 15, Pg 370].

AND ALLAH TA’ALA KNOWS BEST