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Selling Replicas Of Original Clothing

Answered according to Hanafi Fiqh by DarulUloomTT.net

Question: Assalamualaikum.

I have 2 questions-

1) I am planning to sell clothes and bags,some of which are original
designs,but some are exact replicas of international brands like Michael
Kors,Ted Baker and so on.Since copying any branded item is forbidden by the
law of all countries, and copying any such item means violating copyrights,
is it haram for me to sell such products? Since they are copies,I will sell
them at a low price.I will also mention that these products are copies and
not original.

There is this hadith that says that we must follow the rules of the country
wherein we live. Selling a copy would mean not following the rules of the
country and cheating the actual company owner as well.So would this be halal
or haram?Also even if a brand is not copyrighted,will copying its products
still be haram?

2) Also I read a fatwa that selling dresses to ladies who you know will wear
the dresses in front of non mahram men is haram, as there is an ayat in the
Quran which says that believers should not help one another in sinning.So if
I sell a sleeveless dress or a dress that has net sleeves,(in which a lady
can attach sleeves if she wants),would it be haram if I know she will wear it
in front of non mahrams?Since I know she does not cover herself,will I be
helping her in sinning and will my earning be haram??Please help!!

JazakAllah.

 

Answer: Assalamu Alaikum,

  1. If copying a branded item is forbidden in the country (as you have mentioned), then doing so will not be allowed in Islam. However, if replicas are made of an original item and sold as  replicas (not under the name of the Original) and this has been allowed in the country, then it will be permissible since there is no deception in this and there is no violation of the country’s law. Everyone will also have the understanding that it is a lower grade item.
    If a brand is not copy righted, and it is well known and understood that you need consent from the owners of the product to copy the product, then it will not be permissible to copy it without getting their consent.
  2. Selling such dresses is permissible since the item itself is not haram. A woman may purchase such dresses and wear them in front of her husband and there will be no sin in this. If a woman chooses to wear it in front of a non Mahram, then she will be accountable for her action, not you. The cause for the sin will be the woman and not you.
    If you are a tradesman or a store owner and you are selling clothes, then the sharia has not placed a responsibility upon you to find out what people would be wearing the clothes for, and where they will be wearing these. This is not upon you.

Hence, in this situation, it will be permissible for you to sell such dresses to ladies.

And Allah Knows Best.

Mufti Waseem Khan.

12/11/2014.

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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