Question
I sell replica branded items which are unique because they are identical to the original ones. The items are of the same materials, the same stitching and same grade. It is almost indistinguishable from the genuine product. It is basically the exact thing. Only, it is not manufacture by the Brand company, but by replica artists. The original product costs R10,000 or more whilst the replica one costs R2,000. If I advertise these items as 'replica', I shall be reported and shut down by the Brand company. Secondly, potential buyers will think that the product is fake and will not buy. I have advertised the product without mentioning it is a replica or genuine. But I added: "100% Satisfactory Guaranteed or Your Money-Back". I am delivering the exact same thing to the buyer for substantially less. What is the Shariah's ruling?
Answer
According to the Shariah if the replica is advertised as the branded product, it will not be permissible. Since it is deception, it is haraam to advertise the replica as being the original branded item.
The fact that potential customers will avoid it, further reinforces that the sale is by deception even if the quality is superior to the original branded product.
If a customer sees it and believes it to be the real 'genuine' product, then too it will be haraam to sell it whilst the customer dwells in deception. It will be Waajib to inform the customer that the item is a replica. The '100% Satisfactory Guaranteed…" assurance does not alter the Shar'i position. The sale is haraam.
It was your obligatory duty to have enquired of the mas'alah before embarking on this venture. The excessive price and exploitation of the branded company do not mitigate the deception nor affect the impermissibility of the sale. It is compulsory to inform buyers that the product is a replica.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 21 No 10
- PDF page
- 2
Appears under SELLING REPLICAS.