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Selling replicas of branded items

Answered as per Hanafi Fiqh by Muftionline.co.za

Q:

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 halaal 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.

Bismillaah

A:

1. The earnings through this will not be haraam.

2. Avoid selling it to her when you are certain that she will be wearing it in the presence of ghayr mahrams.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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