Selling counterfeit goods as if they were genuine
Machine translationRead the Arabic original
Fatwa No. ( 21661 )
Q: I work in the field of selling foodstuffs and consumer goods, and I own a number of commercial stores and grocery shops in each of Makkah, Jeddah, and al-Madinah al-Munawwarah . My question here is that some distributors of foodstuffs and consumer goods offer me from time to time a number of goods that appear exactly like the original goods in terms of external appearance and brand name, but they are essentially counterfeit goods. Knowing that the consumer who buys the item or product considers it to be original. Some of my brothers, may Allah reward them with good, advised me not to proceed with what was mentioned above, on the grounds that this is a form of deception and fraud against the consumer and causing harm to merchants and owners of commercial stores that deal in original goods. Your Eminence: Is it permissible to proceed with selling such goods and trading in them, and does merely distributing them to some commercial stores that sell and deal in them constitute a matter contrary to the Shari'ah of Allah, Mighty and Majestic? Please inform us, may Allah preserve you.
A: It is not permissible to sell those counterfeit goods as if they were original, and it is not permissible
trading in them or distributing them to commercial establishments; for this involves deceiving Muslims, lying to them, and swindling them. The Messenger of Allah (peace and blessings be upon him) forbade deception, saying:Sunan Ibn Majah 2225Da'if (Darussalam) It also involves cooperating in sin and aggression, and consuming the wealth of people unjustly. Allah the Exalted said: [Al-Ma'idah 5:2] and He said: [Al-Baqarah 2:188] It also involves harming those who sell original, non-counterfeit goods and competing with them without right. Therefore, selling such goods without informing the buyer that they are counterfeits is forbidden and a cause for the destruction of blessing. He (peace and blessings be upon him) said: Sahih al-Bukhari 2079 narrated by al-Bukhari in his (Sahih) from Hakim ibn Hizam (may Allah be pleased with him). He (peace and blessings be upon him) also said: Sunan Ibn Majah 2246Sahih (Darussalam) narrated by Imam Ahmad and Ibn Majah from 'Uqbah ibn 'Amir (may Allah be pleased with him), and al-Bukhari narrated a similar report stopping at a Companion. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I work in the field of selling foodstuffs and consumer goods, and I own a number of commercial stores and grocery shops in each of Makkah, Jeddah, and al-Madinah al-Munawwarah . My question here is that some distributors of foodstuffs and consumer goods offer me from time to time a number of goods that appear exactly like the original goods in terms of external appearance and brand name, but they are essentially counterfeit goods. Knowing that the consumer who buys the item or product considers it to be original. Some of my brothers, may Allah reward them with good, advised me not to proceed with what was mentioned above, on the grounds that this is a form of deception and fraud against the consumer and causing harm to merchants and owners of commercial stores that deal in original goods. Your Eminence: Is it permissible to proceed with selling such goods and trading in them, and does merely distributing them to some commercial stores that sell and deal in them constitute a matter contrary to the Shari'ah of Allah, Mighty and Majestic? Please inform us, may Allah preserve you.
A: It is not permissible to sell those counterfeit goods as if they were original, and it is not permissible
trading in them or distributing them to commercial establishments; for this involves deceiving Muslims, lying to them, and swindling them. The Messenger of Allah (peace and blessings be upon him) forbade deception, saying:
Whoever cheats us is not one of us.
من غشنا فليس مناbut do not cooperate in sin and aggression
وَلاَ تَعَاوَنُوا عَلَى الإِثْمِ وَالْعُدْوَانِAnd do not consume one another's wealth unjustly
وَلاَ تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِThe 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.
البيعان بالخيار ما لم يتفرقا - أو قال - حتى يتفرقا، فإن صدقا وبينا بورك لهما في بيعهما وإن كتما وكذبا محقت بركة بيعهماThe Muslim is the brother of another Muslim, and it is not permissible for a Muslim to sell his brother goods in which there is a defect, without pointing
المسلم أخو المسلم ولا يحل لمسلم باع من أخيه بيعًا فيه عيب إلا بيَّنه
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.