Copyright, Intellectual Property, and Replica Fashion in Islamic Law: A Fiqh-Based Analysis with Contemporary Fatwā Evidence

November 22, 2025

Abstract

This paper examines the Islamic legal status of copyright and replica products in the fashion and textile industry. It explores the classical fiqh foundations of property and incorporeal rights (al-ḥuqūq al-maʿnawiyyah), and surveys the positions of major contemporary fiqh bodies, such as the International Islamic Fiqh Academy (IIFA, OIC), the Muslim World League’s Fiqh Council, national iftā’ boards (Jordan, Egypt), and prominent fatwā institutions (Islamweb, IslamOnline, AMJA, Deoband, Darul Uloom Trinidad, SeekersGuidance). The study argues that modern Islamic jurisprudence overwhelmingly recognizes intellectual property as protected wealth (māl), and considers unauthorized copying of designs, trademarks, and branded elements as ḥarām, especially when it involves counterfeiting and consumer deception.

Special attention is given to fashion and textiles: clothing silhouettes, surface designs, embroidery layouts, prints, brand logos and monograms, and counterfeit luxury goods. The paper distinguishes between legitimate “inspiration” and illicit replication and concludes that most contemporary fatwā authorities treat replica fashion that infringes on copyright/trademark or deceives consumers as prohibited, while allowing non-deceptive, sufficiently transformed or generic inspirations within the boundaries of Sharīʿah and state law.

Keywords: Islamic law, intellectual property, copyright, fashion, textile, counterfeit goods, replica clothing, fiqh, fatwā.

1. Introduction

Intellectual property (IP) has become central to global creative industries, including fashion and textiles, where value increasingly lies in design, branding, and storytelling. The modern Muslim designer or brand owner must navigate not only positive law (state IP law) but also Sharīʿah-based ethics.

While classical fiqh texts were developed in a pre-copyright era, contemporary jurists have faced questions on books, software, trademarks, patents, and more recently, fashion designs and counterfeit replicas. The core questions this paper addresses are:

Does Islamic law recognize copyright and other intellectual property rights?
What is the fiqh ruling on replica fashion items: copied designs, counterfeit brands, and “inspired-by” garments?
How have major fiqh academies, muftīs, and fatwā councils ruled on these questions, and how can their principles be applied to the fashion/textile industry?

2. Methodology and Scope

This research uses:

Primary fiqh concepts: property (milk), wealth (māl), harm (ḍarar), custom (ʿurf), and public interest (maṣlaḥah).
Resolutions of major fiqh academies: especially the International Islamic Fiqh Academy (OIC) and discussions compiled via IslamOnline, IIFA publications, and scholarly analyses. (IIFA)
Contemporary fatāwā from institutions such as:

IslamWeb’s fatwā database on copyright and counterfeit. (Islam Web)
Jordan’s General Iftaa Board (aliftaa.jo) on IP and counterfeit goods. (Aliftaa)
AMJA (Assembly of Muslim Jurists of America) on photocopying copyrighted books. (Amja Online)
Deoband and Darul Uloom Trinidad–Tobago on copyright and replicas. (Darulifta Deoband)
IslamOnline / fiqh.islamonline on incorporeal rights. (Fiqh Islamonlone)
IslamQA and other fatwa portals on counterfeit clothing. (Islam-QA)
SeekersGuidance and other contemporary scholarly Q&A platforms on replica and counterfeit goods. (SeekersGuidance)

Academic studies examining IP and Islamic law. (SSOAR)

The focus is Sunni fiqh, but many principles are applicable across schools due to shared usūl.

3. Conceptual Framework: Property and Incorporeal Rights in Fiqh

3.1 Māl and Milk: What Counts as “Property”?

Classical jurists defined māl (property/wealth) primarily as that which is desired and lawfully usable/consumable, often focusing on tangible objects. However, they also recognized rights (ḥuqūq) with financial value, such as:

The right of pre-emption (shufʿah)
Easement rights (ḥaqq al-murūr, water rights)
Lease rights (manfaʿah)

These are intangible yet compensable, forming the basis for the recognition of modern incorporeal rights.

3.2 Ḥuqūq Maʿnawiyyah (Incorporeal/Intellectual Rights)

Later jurists and modern scholars expanded this to intellectual productions—authorship, invention, trademarks. The International Islamic Fiqh Academy formally categorized trade names, trademarks, authorship, and inventions as protected incorporeal rights with financial value, analogous to property. (IIFA)

Key supporting fiqh maxims:

“Al-ʿādah muḥakkamah” – Custom is a legal determinant; modern custom recognizes IP as valuable.
“Lā ḍarar wa lā ḍirār” – No harm and no reciprocating harm; infringement causes real financial harm.
“Al-kharāj bi-l-ḍamān” – Liability accompanies gain; those who invest in creative production deserve its returns.

4. Classical Fiqh Precedents Relevant to Copyright

While explicit “copyright” did not exist, classical fiqh provides analogies:

Copying authored works – Some scholars discussed scribes copying manuscripts without permission, and many implied a norm of respecting the author’s effort and commercial arrangement, though there was no formal modern copyright regime.
Right of the author or entrepreneur – Fiqh acknowledges the right of a craftsman or author to earn from their specific skill and product, which can be extended to modern IP.
Prohibition of ghish (cheating) and tadlīs (deceptive presentation) – Counterfeit goods and imitative branding clearly fall under these categories, especially if the buyer is led to believe the item is from a famous brand.

Modern fuqahā’ like Mustafā al-Zarqā, Wahbah al-Zuḥaylī, and Yūsuf al-Qaraḍāwī use these analogies to justify modern IP protection in Sharīʿah-based legal theory. (SSOAR)

5. Contemporary Fiqh Academy Resolutions on Intellectual Property

5.1 International Islamic Fiqh Academy (IIFA, OIC) – Resolution 43 (5/5)

At its fifth session in Kuwait (1–6 Jumādā al-Ūlā 1409 / 10–15 December 1988), the International Islamic Fiqh Academy issued Resolution no. 43 (5/5) on “Incorporeal (Moral) Rights.” It states:

Trade names, corporate names, trademarks, literary production, inventions, and discoveries are “rights belonging to their holders” with financial value.
These rights are protected under Sharīʿah, and any transgression is prohibited. (IIFA)

This resolution is often cited as the foundational collective ijtihād legitimizing copyright in Islamic law.

5.2 Muslim World League’s Fiqh Council

Although each specific resolution may not be easily visible online, academic analyses indicate that the Fiqh Council of the Muslim World League has taken similar positions, affirming that intellectual productions and trademarks are protected rights and that their violation constitutes ḥarām appropriation. (SSOAR)

5.3 National Iftaa’ Institutions

5.3.1 Jordan’s General Iftaa Board (aliftaa.jo)

The Jordanian Fatwa Council clearly states:

“Commercial names, titles, trademarks, authorships and inventions are rights… and are protected under Islamic Law against any transgression. Any transgression against them is considered a form of theft, cheating, and wrongfully eating up people’s wealth.” (Aliftaa)

They also issue specific fatāwā forbidding buying and selling counterfeit goods that bear a stolen trademark, on the ground of cheating and infringement of trademark rights. (Aliftaa)

5.3.2 al-Azhar and Egyptian Iftaa

Studies summarizing fatāwā from al-Azhar note that violations of software rights and similar IP are prohibited, aligning with global copyright norms. (utmps.com)

Egypt’s Dār al-Iftā’ regularly emphasizes that modern legal constructs, like IP rights, fall under Sharīʿah principles of protecting wealth and enforcing contracts. (موقع دار الإفتاء المصرية)

6. Fatwa Portals and Contemporary Muftīs on Copyright

6.1 IslamWeb

IslamWeb’s fatwā section on “Copyright and Intellectual Rights” repeatedly states:

It is not permissible to copy or distribute copyrighted materials (books, programs, etc.) without owner’s permission, whether for commercial use or broad public distribution. (Islam Web)
Copyright is treated as a legitimate exclusive right; transgressing it is a form of unlawful consumption of others’ wealth.

6.2 IslamOnline / Fiqh.IslamOnline

An article summarizing the IIFA resolution notes that:

Trade names, trademarks, and literary production are protected rights.
It is impermissible to copy books or programs without permission, even for personal use, because copyrights are guaranteed by Sharīʿah. (Fiqh Islamonlone)

6.3 AMJA (Assembly of Muslim Jurists of America)

AMJA’s fatwa on photocopying textbooks states:

It is impermissible to print or photocopy copyright-protected books without permission from author or copyright holder. (Amja Online)

6.4 Deoband & Darul Uloom Trinidad–Tobago (Hanafi)

Darul Ifta Deoband answers that using copyrighted materials is only allowed if the owners explicitly or implicitly allow; otherwise it is not permissible. (Darulifta Deoband)
Darul Uloom Trinidad–Tobago rules that:

If state law forbids copying a branded item, then copying is not allowed Islamically (obeying law and avoiding injustice).
If replicas of original clothing are made and sold clearly as replicas (not as originals) and local law allows it, then selling them is permissible, because there is no deception. (IslamQA)

These positions are particularly important for replica fashion.

6.5 IslamQA and Saudi-Based Fatwā

IslamQA discusses:

Copying books – permissible for personal use if the copyright holder has not explicitly forbidden it; prohibited for commercial duplication. (Islam-QA)
Working in jobs selling counterfeit clothing – not permissible when the products are presented as originals, because this is considered deception, fraud, and consuming wealth unlawfully, and falls under cooperating in sin and transgression. (Islam-QA)

6.6 Other Contemporary Muftīs & Platforms

UK fatwā bodies, such as those summarized on ifta.org.uk, note a scholarly debate but incline to recognizing IP to avoid harm and uphold market stability. (ifta.org.uk)
SeekersGuidance explicitly addresses selling counterfeit/replica goods and generally deems it impermissible when it involves deception or legal infringement, while discussing nuanced cases of non-deceptive replicas. (SeekersGuidance)

7. Minority Opinions: Skepticism about IP Rights

A minority of contemporary Muslim writers argue that:

“Knowledge should be free” and
Intangible ideas are not “property” in the classical sense.

These views are documented, for example, in discussions collected by Islam-related IP blogs. (ifta.org.uk)

However, they remain a minority against the strong consensus of major fiqh academies and official fatwā councils. The prevailing view today treats copyright as:

A legitimate, legally enforceable right,
Grounded in maslaḥah, ʿurf, and prevention of ḍarar.

8. Application to the Fashion & Textile Industry

Now we apply these principles specifically to fashion and textiles, where your real concern lies: copyright fatwās and replicas.

8.1 Elements of Fashion Design Relevant to IP

Silhouette / Cut / Pattern Block
Textile Print Design (all-over repeats, motifs, engineered placements)
Embroidery Layouts & Surface Design
Colorway & Styling Concept
Brand Logos & Monograms
Trade Dress – recognizable combination of cut, color, styling, branding
Label, Hangtag, Packaging & Branding

From the fiqh and fatwā perspective:

Logos, monograms, trademarks, brand names are clearly IP (covered explicitly in IIFA resolution and national fatwās). (Fiqh Islamonlone)
Original prints, embroidery layouts, and unique design compositions are treated similarly to authored works (e.g., artwork or literary production), and thus a form of copyrightable content.

8.2 Replicas and Counterfeit Fashion

We can categorize replica fashion into several types:

(A) Exact Counterfeit with Logo and Brand Claim

Copying a branded abaya, bridal gown, luxury bag, or sneaker with the brand logo, then selling it as if it is a Gucci, LV, Dior, Maria B, MnM, Baroque,Xenia, Jazmine, Sana Safinaz, etc.
Islamic ruling (from multiple fatwās): ḥarām because:

It violates trademark and copyright. (Aliftaa)
It is deceptive (ghish, tadlīs) toward customers.
It is unlawful appropriation of wealth and brand reputation.

(B) Replica without Logo but Deceptively Marketed

A dress or bag intentionally designed to look like a famous luxury brand, sold in markets where customers assume it is a “copy of X”.
If the seller implies or hints it is the same brand, this is still deception and falls under ḥarām.

(C) Replica without Logo, Sold Clearly as Replica

Some fatwās (e.g., Darul Uloom TT and some contemporary scholars) allow:

Replicas of an original item, sold clearly as replicas, with:

No original logo,
No claim to be the original brand, and
No violation of state law in that jurisdiction. (IslamQA)

However, note:

If state law prohibits even “unbranded replicas” due to design patents or trade dress, then, from a Sharīʿah perspective, obeying the law and avoiding harm would lean toward prohibition.

(D) “Inspired-By” Designs with Clear Originality

Using general silhouettes, generic embroidery styles, or regional aesthetic cues.
Reworking moodboard references into a distinct, original design with new placement, motifs, combinations.
Here, most scholars would consider it permissible, as there is no “copy-paste” of protected elements or intention of deception.

This aligns with the principle that Islam does not forbid similarity in general styles, only usurpation of specific, owned rights and consumer deception.

9. Replica Fashion, Consumer Protection, and Sharīʿah Objectives

From a Maqāṣid al-Sharīʿah perspective:

Protection of wealth (ḥifẓ al-māl) applies both to:

The designer/brand’s invested capital & reputation
The consumer’s right not to be deceived.

Protection of honesty and trust in the marketplace is a recurring Prophetic theme.

Fatwā councils on counterfeit goods emphasize:

Stolen trademarks = forbidden, as they involve cheating and unacceptable transgression of financial rights. (Aliftaa)
Selling counterfeits as originals clearly violates Sharīʿah. (Islam-QA)

This perfectly overlays with fake designer clothing, bags, shoes, which are core issues in fashion.

10. Practical Fiqh Guidelines for Designers and Brands

10.1 Clearly Prohibited (Ḥarām)

Copying a brand’s logo, monogram, or trademark without permission.
Producing exact or near-exact replicas of a designer’s garment, including:

Same print,
Same embroidery layout,
Same placement, silhouette, and colorway,
for commercial sale without their permission.

Selling counterfeit or replica items as originals or allowing customers to assume they are original.
Circumventing clear state IP laws and violating legally recognized rights.

10.2 Generally Permissible (Ḥalāl) with Conditions

Designing garments that are inspired by a general trend, silhouette, or cultural style, but:

Have distinct design elements, and
Do not copy specific protected motifs or brand identifiers.

Using traditional or “public domain” motifs (ethnic patterns, historic geometric designs, etc.) as long as:

The specific modern stylized arrangement is not owned by someone else.

Producing garments that resemble current fashion in a broad sense, without:

Stealing proprietary prints
Misusing trademarks
Intentionally deceiving customers.

In jurisdictions where it is legal, producing clear, non-deceptive replicas without logos and marketed openly as replicas remains an area where some contemporary jurists grant conditional permissibility, particularly when:

There is no fraud
No violation of explicit contractual or legal norms. (IslamQA)

Given the strong trend in fiqh academies toward full IP protection, a cautious and God-conscious designer would avoid even grey zones where possible.

11. Conclusion

This paper has shown that:

Major contemporary fiqh authorities and fatwā councils recognize copyright and intellectual property as protected rights within Islamic law, based on the principles of protecting wealth, preventing harm, and respecting contractual/customary rights. The International Islamic Fiqh Academy’s Resolution 43 (5/5) is central in this recognition. (IIFA)
National iftā bodies (Jordan, al-Azhar/Egypt), prominent fatwā institutions (IslamWeb, IslamOnline, AMJA, Deoband, IslamQA) and numerous contemporary muftīs affirm that unauthorized copying of protected works is generally ḥarām. (Aliftaa)
Applied to the fashion and textile industry, this means:

Counterfeit fashion and fake luxury items that steal logos/trademarks or deceive the buyer are unequivocally prohibited. (Aliftaa)
Exact design replication of proprietary prints, embroidery layouts, and unique silhouettes for commercial gain without permission falls under infringing IP and is ḥarām.
Non-deceptive “inspired-by” work, drawing from general trends or cultural motifs but adding clear originality and avoiding protected marks, is permissible.

A minority discourse exists resisting IP concepts, but it is outweighed by the accumulated ijtihād of global fiqh academies and fatwā bodies, alongside legal and economic realities of modern markets. (ifta.org.uk)

For Muslim designers, brands, and retailers, ethical compliance with IP norms is not merely about avoiding lawsuits; it is part of Sharīʿah-based professional integrity, embodying the Prophetic prohibition of deception and unjust enrichment. Good design, in Islamic ethics, is not just aesthetically original, it is also morally original, refusing to build on the stolen labour and reputation of others.

12. Reference List / Bibliography

International Islamic Fiqh Academy (IIFA). “Resolution No. 43 (5/5) on Moral Rights (Incorporeal Rights).” Fifth Session, Kuwait, 10–15 December 1988. (IIFA)
General Iftaa Department of Jordan. “Intellectual Property Rights.” (Aliftaa)
General Iftaa Department of Jordan. “Ruling on Buying Counterfeit Goods” and “Ruling on Selling Counterfeit Goods.” (Aliftaa)
IslamWeb Fatwa Center. “Publishing copyrighted materials on the internet.” Fatwa No. 106633. (Islam Web)
IslamOnline/Fiqh. “Incorporeal and Intellectual (Property) Rights.” (Fiqh Islamonlone)
Assembly of Muslim Jurists of America (AMJA). “Photocopying Copyright Books.” (Amja Online)
Darul Ifta Deoband. “I have downloaded a lot of copyright materials from internet…” (Fatwa 888/519). (Darulifta Deoband)
Darul Uloom Trinidad & Tobago. “Selling Replicas of Original Clothing.” (IslamQA)
IslamQA.info. “Ruling concerning copyright law” and related fatāwā on counterfeit clothing and photocopying. (Islam-QA)
Malkawi, Bashar H. The Alliance Between Islamic Law and Intellectual Property: Structure and Practice in Saudi Arabia. International Journal of Legal Medicine / related publication, 2013. (SSOAR)
Raslan, Heba A. “Shari’a and the Protection of Intellectual Property-The Example of Egypt.” IDEA: The Intellectual Property Law Review, vol. 47, no. 4, 2007. (IP Mall)
“Islam and Intellectual Property.” IslamOnline / fiqh.islamonline.net PDF. (Fiqh Islamonlone)
“Islam and Copyright: Discussions from the Arab World.” ResearchGate preprint/article, 2025. (ResearchGate)
Ifta.org.uk. “Intellectual Property and Copyright – Fiqh.” (ifta.org.uk)
IslamicFinanceSG. “Original branded goods are pricey – is it haram to buy counterfeit or imitation goods?” FAQ #63. (Islamic Finance Singapore)
SeekersGuidance. “How Does Islam View Selling Counterfeit or Replica Goods?” 2025. (SeekersGuidance)

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