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6 Malaysian J. Syariah & L. 1 (2018)

handle is hein.journals/mlsnjl6 and id is 1 raw text is: VOL 6| JUNE 2018 (pp 1-28) ISSN: 1985-7454 1 E-ISSN: 2590-4396 www.mjsl.usim.edu.my ISLAMIC LAW AND TRADEMARK PROTECTION `*Sohaib Mukhtar, 'Zinatul Ashiqin Zainol, 'Sufian Jusoh 'Faculty of Law, National University of Malaysia, 43650, Bangi, Selangor, Malaysia *(Corresponding author): sohaibmukhtar@gmail.com ABSTRACT Protection of trademark in Islamic Law is covered under verses of Holy Quran and traditions of Prophet Muhammad SAW for promotion and protection of legitimate trade and services. Trademark is one of the components of intellectual property (IP) law, which is protected under Islamic Law. Islamic law are those teachings which were revealed to the last Prophet Muhammad SAW for betterment of human beings in both worlds. Islamic Law protects rights of an individual whether they are material like property rights or immaterial like IP rights. Protection of wealth is one of maqasid al-sharia, which is public right and fully preserved under Islamic Law. Almighty Allah says, Do not eat property of another with unlawful means except with a valid agreement solemnized with a valid consent from both sides. Prophet Muhammad SAW said he who copies another's work is not one ofus. ProphetMuhammad SAW went to Syriafor trading upon the wealth of his preceding wife Hazrat Khadija RA. Imam Abu Hanifa and Imam Bukhari used to work as traders besides their exceptional works in fiqh and hadith. All types of trade and investment activities are valid, legal and protected under Islamic Law unless clearly prohibited by Almighty Allah in Holy Quran and by Prophet Muhammad SAW in Sunnah. Transaction must be clear from riba/interest; which is an excess that has no corresponding consideration in an exchange of property for property. Subject matter of transaction must not be uncertain, purpose of transaction and activities governed under a contract must be legal as per verses of Holy Quran and traditions of Prophet Muhammad SAW. IP is protected under Islamic Law, 1

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