The Egyptian Radio and Television Union recently addressed a query regarding the sale of consumer goods with suspected counterfeit trademarks through its program, "Bريد الإسلام" (Islamic Mail). A listener, who works as a retailer, inquired about the legitimacy of selling products if there is doubt about the authenticity of their trademarks. The program's response, provided by Dr. معاذ شلبي, a member of the Azhar University faculty and the Azhar Global Fatwa Center, shed light on the Islamic perspective on this issue.
According to Dr. شلبي, Islamic law emphasizes honesty and integrity in financial transactions, prohibiting deception and fraud. He noted that trademarks serve as a distinguishing feature for products and services, representing a financial right exclusive to their owners. As such, tampering with or counterfeiting trademarks is considered an attack on someone's financial and moral rights, akin to lying and deception. Consequently, profiting from counterfeit goods is viewed as unlawfully taking others' money.
Dr. شلبي highlighted that there are two scenarios to consider when dealing with goods that may have counterfeit trademarks. In the first scenario, if a seller has a strong suspicion or certainty, based on reliable indicators, that a product's trademark is counterfeit—such as an unusually low price or noticeable alterations in packaging—then selling such goods is prohibited. This stance is grounded in the Prophet Muhammad's saying, "Whoever deceives is not of me." Furthermore, the law criminalizes this act, making the seller complicit in forgery if they are aware of it.
In the second scenario, if the doubt about a product's trademark is merely a hunch without substantial evidence, and the goods come from a trustworthy source at a reasonable price, then it is permissible to sell them. This is because the fundamental principle in contracts is legality and validity, as stated in the Quran, "{وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا}" ("And Allah has made lawful for you trade and forbidden interest").
Dr. شلبي stressed the importance of diligence for traders, advising them to verify the authenticity of their products and their sources. This can be achieved by consulting experts or utilizing technological tools like barcodes. He emphasized that neglecting this verification, when the means to do so are available, contradicts the principles of integrity expected of a Muslim trader.
The scholar concluded that if there are strong indications of trademark counterfeiting, participating in the sale of such goods is not allowed. However, if the doubt is merely speculative without evidence, and there is trust in the supplier, then there is no harm in purchasing and selling these goods, provided one remains cautious and verifies the products.
The discussion on the ruling of selling goods with suspected counterfeit trademarks was part of the "Bريد الإسلام" program, which airs on the Quran Radio. The program, presented by فؤاد حسان, addresses various religious and social inquiries, offering insights based on Islamic teachings and scholarly opinions.
Key points
- - Selling goods known to have counterfeit trademarks is prohibited in Islam. - If there is a legitimate doubt about a product's trademark, the seller must verify its authenticity. - Traders have a responsibility to ensure the integrity of their products.
