The Term 'Marketing' in the Islamic Jurisprudential Heritage and Its Impact on Controlling the Legality of Marketing Practices

Abstract

This study explores the concept of marketing within the context of Islamic jurisprudential heritage and its influence on establishing the legality of marketing practices.
Existing studies on Islamic marketing usually combine the term "marketing" with either
Islam or the guidelines and regulations of Islamic jurisprudence. They generally aim to
discern whether Islamic marketing exists as an independent discipline with its unique
foundations and principles distinct from traditional marketing or if it merely applies Islamic legal rulings to traditional marketing topics. Some studies also present the Islamic perspective
on contemporary marketing sciences. Regardless of the stance one adopts, this study does not
aim to debate which views are more valid. Instead, it identifies a gap in the existing literature
on marketing from an Islamic perspective: the lack of in-depth exploration of the term
"marketing" within the Islamic jurisprudential heritage. It highlights the verbal and contextual
connotations the term carries, which influence the formulation of many concepts and
deduction of legal guidelines for marketing practices. In the absence of this crucial aspect,
existing literature on marketing from an Islamic perspective often merely discusses the
ethical dimensions of marketing practices, such as honesty, trustworthiness, avoidance of
fraud, and deception. These aspects are not disputed, but often overshadowed by the broader,
foundational principles of marketing within an Islamic framework. Marketing, being a
mediation process aimed at achieving a fair sales deal, has its unique set of rules that align
with the required practices and activities. The research concludes with an examination of the
contextual significance of the term "marketing" and its legal texts, framing the fundamental
marketing concepts. It indicates the concept, importance, purpose, requirements, cause, and
Sharia rulings applicable to marketing, deducing legal guidelines for marketing mix elements.
These can serve as a basis for determining the legitimacy of marketing practices.