Islamic perspectives on intellectual property rights and the fashion industry in Malaysia

This research examines Islamic perspectives on intellectual property rights (IPRs) and their relevance to the fashion industry in Malaysia. It aims to analyse how principles derived from Shariah and fiqh intersect with civil IPR frameworks to address pressing issues such as counterfeiting, unethical design replication, and misrepresentation in Islamic fashion branding. Adopting a qualitative doctrinal methodology, the research draws from primary Islamic legal sources, including al-Quran, Sunnah (the sayings, actions, silent approvals, and character of Prophet Muhammad PBUH, and classical juristic interpretations, alongside Malaysia’s statutes, case law, and industry case studies. The findings reveal that while Malaysia has a robust civil IPR regime, it lacks integration with Islamic ethical principles, particularly in regulating modest fashion and ensuring compliance with Shariah values. This research offers a novel perspective by aligning key Islamic legal doctrines such as ḥifẓ al-māl (protection of wealth), amānah (trust), and maṣlaḥah mursalah (public benefit) with modern IPR mechanisms. It further highlights the potential of incorporating ḥisbah-based regulation and Islamic arbitration (taḥkīm) to strengthen enforcement. This research explores how principles of Shariah can be meaningfully applied to the protection of intellectual property within Malaysia’s fashion industry. By drawing on real challenges faced by designers and industry players, it offers grounded insights for policymakers, regulators, and entrepreneurs seeking to navigate the intersection of innovation, ethics, and faith. The research highlights the need for a clearer and more consistent legal approach that aligns with Shariah principles, aiming to protect designers’ rights, strengthen public confidence, and support the continued growth of the Islamic fashion sector in Malaysia.