Is It Permissible to Use a Brand Logo Without Authorization?
Hanafi Fiqh
Answered by Shaykh Faraz Rabbani
Question
A client asks a sportswear maker to place a Nike swoosh on uniforms for the client’s own team.
There are no other Nike tags or codes; the chest carries the client’s own logo, and no extra fee was taken for the swoosh. Is fulfilling this order permissible?
Answer
Fulfilling this order is not permissible, even though your intention is simply to do honest work and earn a lawful living.
Two things make it impermissible:
The first is deception (ghishsh). Your client knows the garments are unbranded. The people who matter here are everyone else: the players who wear them, the onlookers, anyone who later buys or receives one.
To them, a Nike swoosh indicates that Nike made or authorized the garment. That claim is false. The Messenger of Allah, Allah bless him and give him peace, said, “Whoever deceives is not of me.” [Muslim] Deception of a third party is wrong even when the person paying you is fully informed.
The second is the right of others (haqq). A trademark is a recognized, protected right in our age, and contemporary scholars and fiqh academies treat it as a form of property whose unauthorized use is wrong.
Honoring it is also a matter of law, and obeying the binding laws of the land is a religious duty, not an optional courtesy.
Allah Most High says, “O you who believe, fulfill your binding obligations” [Quran 5:1; Keller, The Quran Beheld], and “O you who believe, devour not your wealth between you through falsehood; But only through trade by your complete mutual consent” [Quran 4:29; Keller, The Quran Beheld].
In his Farewell Pilgrimage, the Prophet, Allah bless him and give him peace, declared the wealth, blood, and honor of people inviolable to one another [Bukhari; Muslim].
An unauthorized mark trespasses on all three: the owner’s property, the buyer’s trust, and your own good name.
That the client supplied the design and that you took no extra fee does not lift the ruling. The wrong is in producing a false mark, not in the price.
Seek the Provision That Is Wholesome, Not Merely Available
The deeper invitation here is not “avoid this order” but “pursue what is pure.” The Prophet, Allah bless him and give him peace, said, “Allah is Pure and accepts only what is Pure.” [Muslim]
Imam Ibn Rajab, Allah have mercy on him, explains in Jami al-Ulum wa al-Hikam that wholesome earning is what draws down the acceptance of one’s worship and the answering of one’s supplication; tainted intake closes those doors.
Decline this contract and tell the client you will gladly produce the same uniforms under their own logo or a licensed mark. You lose one order. You keep something worth far more.
And Allah knows best.
[Shaykh] Faraz Rabbani
Related Answers
How Does Islam View Selling Counterfeit or Replica Goods? Mawlana Ilyas Patel. Acknowledged replicas can be lawful; counterfeits made to pass as genuine, or that breach the law of the land, are forbidden.
What Is the Ruling of Intellectual Property Rights? Treats trademark and IP as a protected right in contemporary fiqh, citing the position of the fiqh academies.
Does the Name of a Product Affect Its Permissibility? Shaykh Irshaad Sedick. A name or mark alone is judged by intention and context, assessed case by case.
Shaykh Faraz Rabbani is a recognized specialist scholar in the Islamic sciences, having studied under leading scholars from around the world. He is the Founder and Executive Director of SeekersGuidance.
Shaykh Faraz stands as a distinguished figure in Islamic scholarship. His journey in seeking knowledge is marked by dedication and depth. He spent ten years studying under some of the most revered scholars of our times. His initial studies took place in Damascus. He then continued in Amman, Jordan.
In Damascus, he was privileged to learn from the late Shaykh Adib al-Kallas. Shaykh Adib al-Kallas was renowned as the foremost theologian of his time. Shaykh Faraz also studied under Shaykh Hassan al-Hindi in Damascus. Shaykh Hassan is recognized as one of the leading Hanafi jurists of our era.
Upon completing his studies, Shaykh Faraz returned to Canada in 2007. His return marked a new chapter in his service to the community. He founded SeekersGuidance. The organization reflects his commitment to spreading Islamic knowledge. It aims to be reliable, relevant, inspiring, and accessible. This mission addresses both online and on-the-ground needs.
Shaykh Faraz is also an accomplished author. His notable work includes “Absolute Essentials of Islam: Faith, Prayer, and the Path of Salvation According to the Hanafi School.” This book, published by White Thread Press in 2004, is a significant contribution to Islamic literature.
His influence extends beyond his immediate community. Since 2011, Shaykh Faraz has been recognized as one of the 500 most influential Muslims. This recognition comes from the Royal Islamic Strategic Studies Center. It underscores his impact on the global Islamic discourse.
Shaykh Faraz Rabbani’s life and work embody a profound commitment to Islamic scholarship. His teachings continue to enlighten and guide seekers of knowledge worldwide.
