The Rules Governing Trademark in Islamic Law

Islam is one of the world’s main religions. Islamic Sharia, in general terms, constitutes God’s rules, which have been revealed as law to people through his Prophet and they relate to all aspects of life. Nowadays, trademarks have a high economic value as it plays an important role in achieving a range of benefits for the trademark owner as well as the consumer. Trademarks are still considered a modern issue in Islamic jurisprudence and does not receive the attention that it deserves. The aim of this research is to examine Islamic Sharia’s main primary sources, to study and analyse them and to clarify Sharia’s view regarding trademarks. The preliminary results of the research show that there are multiple rulings that are strictly imposed by Islamic Sharia on trademarks, which have a direct impact on trademark recognition and protection in Islamic Sharia. The findings provide a better understanding of trademarks from an Islam perspective and the requirements demanded by Islamic Sharia. It is important that users of the global trademark system give Islamic Sharia due consideration as it is fundamental that they understand them when entering into agreements with Islamic states in relation to trademark registration and protection within these states and the rights and obligations of international corporates. In addition, this understanding is required for corporations or legislators that wish to take into consideration Muslim consumers, as this could seriously undermine and affect how these consumers deal with the trademark.