Date : 24-03-2015

Question :

What is the Sharia ruling on selling counterfeit goods that hold the trademark of an international brand, and not telling the buyer about that?

The Answer :

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions. Islam has commanded traders to be truthful and honest when dealing with others, and not to resort to cheating or counterfeiting. Allah's Apostle said, "The seller and the buyer have the right to keep or return goods as long as they have not parted or till they part; and if both the parties spoke the truth and described the defects and qualities (of the goods), then they would be blessed in their transaction, and if they told lies or hid something, then the blessings of their transaction would be lost."{Bukhari&Muslim}. He(PBUH) also said: “ An honest and truthful Muslim trader shall be held with the martyrs on The Day of Resurrection.”{Ibn Majah}. Therefore, it is impermissible to buy and sell such goods because they are counterfeit and falsely hold the original trademark, so this transaction involves deceiving people and eating up their money unjustly. As regards imitated goods that hold their own trademark, it is imperative that the trader, whether a retailer or a wholesaler, describes their defects and qualities to the buyers. Allah`s Apostle said: “if both the parties spoke the truth and described the defects and qualities (of the goods), then they would be blessed in their transaction, and if they told lies or hid something, then the blessings of their transaction would be lost."{Bukhari&Muslim} Resolution No.(101) by the Jordanian Board of Iftaa` forbids lying and deceiving in selling goods. And Allah knows best.