The Islamic Principles Of Advertising Marketing Essay

Published Date: 23 Mar 2015

Our research is an attempt to establish an advertisement evaluating scale based on guidelines provided by the shariah advisors/ Islamic Scholars. Using that scale we evaluated three sectors of Pakistan; Telecom, Detergent and Beverages sector. Through this scale we were able to conclude which particular company's/sector's advertising activities are complying or non-complying with the shariah guidelines to a certain extent because our variables were limited in number.

We focused our study on the three highest spending sectors on advertisements. From Telecom sector we picked to evaluate commercials of Mobilink, Ufone and Telenor. From detergent sector we picked Ariel, Surf Excel and Brite Total. From Beverages sector we picked Cocoa Cola, Pepsi and Pakola. Five TV commercials of each company for the year 2009, 2010 & 2011 were selected for evaluation.

Through an in depth study of various related research journals and primary data analysis that included interviews with mufti /Islamic scholars we created a relationship between the above mentioned five levels of violations and the elements of an advertisement. In order to strengthen our analysis we had our evaluating scales and its variables endorsed by an Islamic scholar.

 Our variables were evaluated based on the five levels of "Not allowed/Sins" in Islam; which are Haram (Being the highest level of violation ), Makrooh-e-Tehreemi, Makrooh-e-Tanzeehi, Dislikes, Not Recommended and Mubaah (considere as breakeven point where there is no sin and no reward). It also showed how this area of research is relatively new and there is a lot to be explored and worked upon. Our major limitations were the time and human resource constraints

The findings of our data collected indicate that Telecommunication sector is the least compliant and Detergent sector being the most complaint comparatively in their marketing activities. We noticed that the most common violation was inappropriate displaying of females in various contexts. It also showed how certain actions and behaviors were promoted that goes against our culture and religion; considering how advertisements is a part of mass communication it plays a major role in shaping a society's social ethics and values .

5. Introduction

Companies advertise for three main reasons; to create awareness about their product or service, to influence or persuade consumers to buy their product or service and to provide information about their product features and usage. Every person view advertisements differently for example for some it is a way to inform consumers about inflating prices and some view it as unnecessary hard effort to sell something. Advertisements have taken many forms to communicate to their target audience. Advertising has been revolutionized from past several years specifically in 2006 when YouTube was introduced. After this social media advertising became very famous and companies started going all viral.

When a company decides to advertise, a lot of factors come into question. The company policies, industry norms as well as the product features itself play an important role as to what an advertisement is going to look like. Also the current advertising practices have an influence as what kinds of concepts are being currently used by different brands across various sectors. And of course, the legal constituents have to be looked at so that none of the advertising material has any illegal content in it. For this study, we are going to analyze the current advertising content being used in Pakistan by various brands/companies and compare them with Islamic teachings

and traditions and establish whether these brands/companies are following the Islamic way considering the fact the Pakistan is an Islamic republic and therefore it can have a huge influence on the consumer mindsets regarding the daily lives as well as their perception regarding the brand/company or product itself.

Through this study we also aim to find out how much, if so, are the brands/companies treading over water when it comes to advertising according to Islamic teachings and principles. By selecting particular sectors, we will study which sector has the most frequent use of such practices in their advertising and marketing

5.1 Variables of the study

The variables of the study include the following:

Factual Information

Living thing element

Morals and Ethics

The Product itself

Advertisement of three major sector

Factual information: If the claim is not valid and tested by an authority than it is considered to be fraud or malpractice in the religion of Islam. A business or advertisement is required to only make claims that are properly tested by a recognized authority and prove their claims. Also, An advertiser must not lie or cover up information from the consumer. Facts must be presented in a clear and easily understandable manner.

Living Thing Element: This element is based on the three perspective of modern, liberal and conservative views of Islamic practices. However we choose to refer to the liberal view as it is neither of the two extreme opinions on the showcasing of living beings

Morals and ethics: This is similar to the everyday prescribed Islamic practices as applied to the daily lives of Muslim. Same should translate onto the business dealings, trading and advertising as the basic principles or moral rights, decency, modesty and ethics remain the same. Particular guidelines are established through reference to the Holy Quran and also through the principles and teaching of Prophet Muhammad (SAW).

Product itself: The product itself must be a halal product and free from haram or un-Islamic ingredients such as alcohol and swine. If a haram ingredient exist in a product it is an internal flaw of the product and this product should not be traded with the Muslim public. However, if the product is Halal and free of haram ingredients but is sold or used in a manner which is considered improper or haram in the Islamic Shariah then, an external flaw is said to exist in the product.

Advertisement content: Advertisements were selected based on convenience sampling techniques. We selected sectors with the largest television advertisement spending and therefore highest frequency of advertisement aired in a given period of time.

5.2 Research methodology

Only qualitative research shall take place. Preliminary research will be done by interviewing several muftis and Islamic experts in order to know the basic Islamic principle of advertising. Also Fatwas or endorsements by Islamic scholars or experts will be taken from them to strengthen the validity of our research. . Advertisements will be selected from each sectors and evaluated on the basis of a standard checklist to make comparisons. Secondary research will included the research papers and journal papers already present on the subject of Islamic advertising

5.3 Sample size & sample techniques

We are observing convenience based sampling. We selected the last three years i.e. 2009, 2010, 2011 from which we took the advertisement to evaluate. Also, from each sector we selected three companies with the highest advertising budgets as their advertisements appeared on air the most often. In each year we considered

5.4 Scope of study

We selected all the top 3 sectors which contributed highest in the Tv advertisements on the basis of the research done by Pakistan Advertisers Society. We selected top 3 companies from each sector and evaluate their 3 years Tvc on the basis of theoretical framework. This research was done in Karachi with the available Tvc. As we were evaluating ads on the basis of Islamic principle, we need a good insight in Islamic teaching in evaluating Ads for which we interview Mr Irshad Ahmad who is Mufti and Shari'ah Advisor at Bank Islami.

5.5 Research objectives

This purpose of this study is:

To establish whether Pakistani advertisements are according to the Islamic principles of advertising.

To identify the different sectors advertisements that does not follow basic Islamic rules and regulations.

To determine the level of violation committed by the selected companies in the sector.

To determine in which areas the most violations occur

To determine the nature of the violations

5.6 Research questions

What are the basic Islamic principles and parameters an advertiser is required to follow?

What is the alignment with Advertisement regulation bodies/system, ethics and Islamic Advertisement?

Is the advertisement content supporting or following the Islamic principles?

What is the number or intensity of violation committed by the advertisement?

6. Literature review

We reviewed articles, journals, books and research paper. All the research and readings were done online using various websites including Online Emeralds Journals, Queensland university of Sydney Online Library and Szabist Digital Library. We came across a definition of "Islamic Marketing" i.e."The process of identification and implementation of value maximization strategies for the Welfare of the stakeholders in particular and the society in general governed by the guidelines given in Quran and Sunnah" (Hassnain, 2011).

This helps us in giving a direction of what our research would revolve around and where and how to initiate it. It also provided a basis to carry out our research further and establish the basic parameter to base our finding on.

As per research, it shows that this area of "Evaluating advertising on the basis of Islamic teachings" or perspective is vast. Limited studies have been carried out to satisfy the coverage of all Islamic parameter. It's one of the areas where we see growing interest of researchers', development is also taking place where Islamic standards and parameters are being set for marketers/advertisers who plan to opt for following Islamic way of marketing.  In the studies that are available it's noticeably mentioned by Islamic scholars and authorities that advertising/marketing is a practice that has existed since the beginning of the religion itself provided there are fine lines based on Quran, Hadith and interpretations of scholars, with in which every "allowed/halal" business is allowed to market their product or service.

One of the prominent and interesting findings that is relatively new in nature and which we plan to explore further as well is the new concept of two new P's as per "Islamic Marketing". They are apart from the existing 7P's of marketing known as "Promise" and "Patience". (Abuznaid, 2012, p.7)

6.1 Islamic Principles of Advertising

According to Quran and Sunnah, consumers must ensure that all the 4p's of marketing should be according to Islamic principles also if any transaction is occurring than all the parties must benefit from it. All the advertisements should be communicated in a truthful manner rather than misleading or cheating the consumers, also all the dealings should be carried out in a justice way (Hanafy and Salam, 1988) The three key purpose or functions of the advertising is to inform the consumer about products or services and their features whether they are already existing or new products or services launched, to persuade them to purchase and then to repurchase the products, and also to remind them about the product over a period of time (Kotler and Armstrong, 2004). This will lead them to a healthy competition and customers will benefit from huge varieties of products and services (Anwar and Saeed, 1996).

Nevertheless Islamic advertising variables are applied to the communication style such as, honesty of communication which includes factual information and truthful representation of facts and figures, acknowledging and appreciating that all human being are different and embracing the diversity of the human race, justice, equality and fairness, the respect and position of women, the parts women play in life, patterns of consumption behavior, ethical values and modesty, and the environment and its wellbeing (Rice and Al-Mossawi 2002)

People are trying to identify Islamic ways of consumption and marketing. Muslim consumers are growing due to their purchasing power and this increase in purchasing power is due to development of the middle class and economic systems where people can afford to buy branded products and are particularly brand conscious (Nasr, 2009). Also, Muslim entrepreneurs are also increasing in Muslim societies and they are eagerly following Islamic principles of marketing (Adas, 2006;Osella and Osella, 2009).

People viewed Muslims as poor and that they don't have any knowledge about branded products because they were considered as uneducated and militants. ( Said, 1978)

The market was on a halt until and unless Muslim consumers were discovered, Islam has become more visible now in many societies and several studies appeared on Islamic movements (Esposito, 1998; Wiktorowicz, 2004; Bayat, 2005).Religious teachings greatly affect the choice of consumers in an Islamic market, any marketing campaign which is haram or not according to Islamic principles will face major problem in an Islamic market (Alserhan, (2010)

Showing unnecessary spending on useless things in advertisements is against Islamic teachings. Nevertheless showing price discounts are not forbidden. (Abdullah, 2008). Quran states, "Those who, when they spend, are not extravagant and not niggardly, but hold a just (balance) between those (extremes)" (Al-Furqan-25:67).

6.2 Islamic Perspectives on Advertising

Scholars say that advertising itself is not haram as it just incorporates a medium of giving a message to the general public, they state that preaching can also be considered as a form of advertising but they say that just like preaching, certain ethics should be followed while advertising one's products or services (Nooh, 2009). The main conflicts which arise between ethics and advertising are the exploitation of women and promoting unwanted use of products.

Moreover, Current advertising practices are said to contain various social and ethical problems that reflect little knowledge and awareness of the advertiser on how to effectively market to their Muslim target audience in a manner that increases their acceptability. Contemporary advertisements appear to be more focused on materialism. These advertisements promote consumerism rather than adequately informing the user about the functional uses of their product and purposely hide the flaws of the product while exaggerating the benefits. (Bari &Zamin, 2011)

The core problem apparently lies with two things; issues regarding advertisement that include women exploitation and subliminal perception, Secondly deceptive form of advertising, that is legally staying with the boundaries but ethically not, by taking undue advantage of limitations a person has while viewing different form of advertisement (not able to read between the lines, the special terms and conditions that are hardly visible etc.

Advertising also includes the element of informing consumers about products and services according to basic Islam teachings. They represent the basic Islamic teachings of respecting elder people and creating a positive bond rather than showing provocative images, haram products or free mixing of girls and boys which is completely prohibited in Islam.

6.3 Islamic Moral Standards

Six ethical principles of Islamic values truthfulness and honesty and being straight forward with all information and dealings. Faith or trustworthiness on the brand developed through Islamic practices; Sincerity and clarity in presentation of facts and conduct. Brotherhood as it is the primary focus of Islamic society and great emphasis is laid on Islamic brethren and brotherhood, innovations and developments in science and technology and the roles it plays, and justice and equality as it is considered a primary basis for all functions in islam. These were ethical principles identified (Hanafy and Salam, 1988)Prophet Mohammad (pbuh) said: "I have been sent only for the purpose of perfecting good morals. "When questioned "Which Muslim has the perfect faith?" The Prophet (pbuh) replied: "He who has the best moral character"(Alghazzali, 1983).

Emergence of new muslimenrepreneurs is leading to an ethical way of conducting businesses and marketing (Demir et al., 2004; Adas, 2006;OsellaandOsella, 2009). Applying Islamic principles into marketing gives an ethical dimension to margeting campaings as compared to conventional marketing which has an unethical record.

Using immoral means in advertising can cause serious downfalls in the structure of a society causing it to deteriorate. Deceptive advertising being one of them is a major cause but sometimes it can be a case of mistaken identity. Sometimes, misinterpretation on the end of the consumer watching the ad can be considered can ill-information in the ad; however it can still cause a negative impact for brands in the minds of consumer resulting in a decline for the brand. In the case of advertising of fast food products, the author argues that the brands are to be equally blamed as much as the advertisers because their marketing strategy itself is based on creating an unwanted need amongst consumers, especially children (Nooh, 2012). Violence is also a major flaw in advertising which can have major effects on young ad viewers like children as it can encourage them to obtain aggressive habits which leads to unhealthy behavior (Nooh, 2012). Subliminal marketing cannot be termed as a practice of unethical advertising. It is merely a practice used by brands to create brand awareness amongst consumers using hidden messages. These ad themselves are not producing any unethical values or behaviors (Nooh, 2012).

Sexual appeal used in ads causes young adults to take up celebrities as idols and start mirroring their lives in their own. They follow their fashion trends, lifestyles and make themselves just like the celebrities. Sexual appeal also causes consumers to carry an offensive mindset about a particular brand. Only people who are strong brand loyalists only successfully reject the offensive mindset and focus on the concept of the ad (El Hattab, 2008). Emotional appeal can lead to an increase in unwanted desires and can cause consumers to purchase product which they don't need at all and even cause them harm in the future. This can be particularly seen by the increased consumption of fast food by adolescents and young adults (El Hattab, 2008). The female contingent of the consumers still have a higher tendency to become more offended by unwanted content in advertisements than their male counterparts (El Hattab, 2008).

Companies invest heavily in manufacturing certain products; they use celebrities and other famous personalities to feature in their ads. This is not only using emotional appeal in advertisements but this can also be considered as a form of deceptive advertising because the claims sometimes are baseless. This is considered to be completely unethical in Islam (Abbas & Bari, 2011). The practice of showing mal dressed women in ads in on an increasing trend in the country but it can vary with the level of tolerance being present in the society. It varies from one country to another depending upon the state of the society in the country. Fairness in an ad is off utmost importance as well as according to Islamic teachings; consumers have every right to be completely informed about all aspects regarding any service or product (Abbas & Bari, 2011).

Similarly, overstating any products attributes or making claims which are not supported by any kind of proof or research have also been deemed to lie in the same category as deception. Advertisements today are openly spreading values and behaviors which are not acceptable in Islam and even though considering the economic system of the country which promotes a capitalistic nature in the conduct of one's business, it is imperative that all businesses keep in mind the features of the society they are functioning in and similarly the government should also play a key role in determining the right form of advertising starting from the grass root level which is basic education (Abbas & Bari, 2011).

6.4 Islamic Ethics

In Islam, ethics is more than just what is defined as right and wrong by the society. In Islam, as the ethics are mainly guided by the teachings of The Quran and Sunnah, ethics covers aspects of all physical, emotional and spiritual factors. Evaluating the advertisements can divide the effects into economic, political, cultural and moral effects the advertisements have had on the society (Nooh, 2009).

Even though ethics is an integral part of all business aspects and not just advertising, Islam puts a moral barrier on the conduct of one's business related activities which helps a business man earn a rightful living through his transactions. It is unfair for any business to sell its products by false claims and deliberately hiding complete information about the concerned product or service (Akhter et al., 2011).

As noted in the Quranic verse ,"Standout firmly for justice, as witnesses to Allah, even though it be against yourself, or your parents, or your kin, be he rich or poor…." (Quran, 4:135).

Moreover, the holy prophet(SAW) said "The sign of a hypocrite are three 1. Whenever he speaks he tells a lie. 2. Whenever he promises, He always breaks it. 3. If you trust him, he proves to be dishonest" (Al-Bukhari, 1.32) and also:

"Prophet Muhammad (PBUM) forbade the sale of fruits till they are almost ripe. Anas was asked what is meant by "are almost ripe" He replied, "Till they become red" Allah's Messenger (PBUM) further said, " If Allah spoiled the fruits, what right one would have to take the money of one's brother."(Al-Bukhari, 3.403)

From this it can be determined the strict importance the religion of Islam places honesty and truthfulness. Therefore misleading claims and false promises are forbidden and should not be practiced.

Advertising 'controversial' products such as contraceptives and alcohol can lead to an offensive mindset in the eyes of the consumers. And not just Islamic consumers but those of every religion present in the world. Similarly, the controversial products identified are: addictive products such as tobacco or alcohol, indecent hygiene or personal products. Undergarments and private products, funeral services or memorial services, games of chance, weaponry and arms, medicines drugs and other pharmaceutical products, societies or parties with political affiliations, religious and ethnical groups, sexually transmittable diseases and viruses and weight reduction plan for overweight people (Edrogan. Et al, 2005)

The greatest challenge over here is for marketers to come up with strategies to curb this offensive nature of such advertisements (Akhter et al., 2011). All brands, international and local, should come up with advertisement concepts which would suits the tastes of the majority Islamic public. This would not only create a better brand image in the eyes of the consumers for the brand itself but also help in increasing their sales across the board (Akhter et al., 2011).

6.5 Women in Advertisements

It is stated in the Quran, "Let there arise of you a group of people inviting to all that is good (Islam)enjoining Al-Ma'ruf and forbidding Al-Munkar and it is they who are successful [. . .] (A ˆ l-Imran 3:104). This shows that all those advertisements are allowed in Islam that shows women in a decent manner with proper clothing and playing positive role both in the society and family. (Rice and Al-Mossawi, 2002).

Islamic Tradition emphasizes that women should be modestly dressed and covers themselves according to the principles and guidelines established. It then follows that women if portrayed in advertisement should be dressed according to the Islamic principles. They are required to follow the hijab dress code which entails the covering of the entire body except the hands and face. (Hanzaee&Chitsaz, 2011)

As mentioned in the Quran:

"O prophet, tell your wives, your daughters and the believing women to draw their veils close to them, so it is likelier they will be known, and not hurt. Allah is the forgiver, the most merciful."( Quran 33:59)

"…Do not display your finery as pagan women used to do in the olden days of ignorance… "(Quran 33:33) And

"…Do not reveal their adornment except that which is outward (face and hands); and let them draw their veils over their neck…" (Quran 24:33).

Islam has protected women and according to Islamic code of dressing women should cover themselves completely including their whole bodies, only their hands are permitted to be visible. Qurans says:

"And tell the believing women to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts, etc.) and not to show off their adornment except only that which is apparent (like palms of hands or one eye or both eyes for necessity to see the way, or outer dress like veil, gloves, head-cover, apron, etc.), and to draw their veils all over Juyubihinna (i.e. their bodies, faces, necks and bosoms, etc.) and not to reveal their adornment except to their husbands, their fathers, their husband's fathers, their sons, their husband's sons, their brothers or their brother's sons, or their sister's sons, or their (Muslim) women (i.e. their sisters in Islâm), or the (female) slaves whom their right hands possess, or old male servants who lack vigor, or small children who have no sense of the shame of sex. And let them not stamp their feet so as to reveal what they hide of their adornment. And all of you beg Allah to forgive you all, O believers, that you may be successful. "[surah al-Noor 24:31]

And Quran also mentions in another place:

"And as for women past child-bearing who do not expect wed-lock, it is no sin on them if they discard their (outer) clothing in such a way as not to show their adornment. But to refrain (i.e. not to discard their outer clothing) is better for them. And Allah is All-Hearer, All-Knower." [al-Noor 24:60]

"O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies (i.e. screen themselves completely except the eyes or one eye to see the way). That will be better, that they should be known (as free respectable women) so as not to be annoyed. And Allah is Ever Oft¬Forgiving, Most Merciful." [Quran 33:59]

In Islam a women must not wear thin clothes through which her whole body is visible. Also the clothes must not be skin tight. Western clothes are not allowed as they resemble man's clothing which is forbidden. Along with this the design of the clothes must not attract any man.

Islam is very strict in women dressing so that no man is attracted towards women in to a lustful way because Islam protects women from wrong deeds. Ads featuring women should not have any semblance of overt sensuality or sexual connotations as this demeans the woman. Women are not objects and must not be portrayed as such and treated with respect and equality even if the sole objective is to promote and boost sales through their beauty (Anwar, 2011). This goes with all the teachings in Islam that women are to be treated with respect and not exploited in anyway. Women have been given a very high status in Islam and therefore exploiting women sexually or by any other mean in advertising should be considered not only as unethical but also haram as it is portraying a sin. Not only in Islamic societies, in other modern societies as well the exploitation of women is being considered as an unethical act and is being discouraged in all corners of the world

6.6 Islamic Products: Offensive product Vs. Offensive execution

American advertisements show those things which are against other religions like Islam. Like the alcohol and drugs activities shows as it is a problem for society however it is less affecting other culture due to its limited scope. (Al-Jenaibi 2008)Drugs and alcohols are the problems and the only way to get rid of these problems is to show it on media and addressing this problem to society. (Al-Jenaibi, 2008)

If they will know the problem then they can avoid it. Advertisements on these different problems are important for building on strong values to protect the society. (Al-Jenaibi, 2008)

A customer should feel an ethical manner in a bank's advertisements in all form of the business (Chachi et al., 2008). The bank should reach a level of ethicality where a customer would form trust, loyalty and satisfaction with the bank all at the same time.Similarly,the product should be perfected at the same time as the advertisement is. If the product has any flaws it will be very difficult for the bank to attract customers no matter how ethical they were being when it came to advertising. In the case of a bank, the company itself might not be at fault but its front end employees who are in direct interaction with the customers might sometimes overstate the value of a particular product to a customer and gain extra profits for sole purpose of their own personal benefit. .

In the case of a service, as it can only be experienced the customer will only judge a particular service on the advertisements portrayed by the bank so therefore it is of utmost importance the bank practices complete ethical practices when advertising their products whether in an above the line tool or a below the line tool. In the below the line, the customers' expectations are all but the product which the front end employee sells them (Chachi et al., 2008)

For instance the basic differen between an Islamic financing tool and product that is financially equal is the interest charged on the financial instruments. The basic idea behing this thinking is that it is unfair to charge an interest or earn a revenue on a product because of its status as being lent to another person as the money that is borrowed should be returned equally as it is in part. Therefore value of the lended or borrowed money should not increase or decrease by Islamic guidelines (Ashraf, 2007). Through this we can deduce that any product which contains ingredients which would be considered as Haraam. According to the teachings of islam as stated in Quran and also observed in sunnah of the prophet it would be considered as an Illegal product. Substances like alcohol and swine have been strictly prohibited as various points in the Quran so we can deduce that any products made from these substances would automatically be considered as haram without any area of consideration. However, any product that comprises of all legal materials in its making but a brand/ company promotes an unethical use for it through advertisements and marketing may be considered as an un-Islamic product or haram product through the rule of external flaw.

Other variables that effect advertising include privacy, inaccurate information religious and social norms. Role of ethics in performance, behavior, decision, attitude, communication and choices are very important. (Sanayei et. al, 2012).Sanayeiet. al (2012) said previously ethics was considered as important but today marketers have violated the main foundation of ethics. All factors are important but according to result most important is privacy, then religious and social norms and thirdly the correct and accurate information. (Sanayei et. al, 2012) Al-Makaty et.al (1996) is based on perception of 2 television advertisements in Saudi Arabia. There is no single Islamic approach to advertising. Contradictory approach firstly they want to continue their conservative Islamic state position to the privacy and modesty versus there is need to become part of modern world because international politics and economics. (Al-Makaty et.al, 1996)

Un-Islamic products are not allowed to shown in advertisements in Saudi Arabia. Women show if they are related directly to product and properly covered. Women should wear scarf, long dress and not allowed to sing. (Al-Makaty et.al, 1996)Results show that type 1 respondents reflect major culture threat and impaction for the Saudi economy. Type 2 says that television may be treating to culture but can be a positive source for the Saudi economy. Type 3 it is culture modernization and a source for the economic development. (Al-Makaty et.al, 1996)

More Islamic knowledge is required to make advertisements according to basic Islamic principles. In order to develop and further the area of Islamic marketing and advertising, and enhance the knowledge on the subject; it is imperative to think flexibly and allow ones inner conscious to guide the way and also observing and judging ones own mistakes and correcting their own behaviors and actions. Western countries are adoption the current lifestyle in advertising while ignoring the cultural values. Culture of the country and values of people should be considered for the advertising. (Al-Makaty et.al, 1996)

6.7 Islamic Levels of Tolerance

According to Sheikh and Gatrad, Caring for Muslim Patients, 2008, Radcliffe Publishing, United Kingdom, P.47, there are five legal Islamic ruling: fard or (obligatory) which basically means that you are bound to carry out an act under any circumstances, not performing of fard act is considered a sin and performing a fard is considered to be rewarded. It is considered a duty on every Muslim assigned by Allah and its performance is a must. Mandub (recommended) are duties that are considered good if performed and are encouraged but there non-performance does not cause sin to a Muslim and they are not necessary acts to be considered a Muslim. Mubah (permitted) acts are acts whose performance or not performance has no bearing on a Muslims character. They are not rewarded not punished but are taken as acts which are considered general having no effect on the person's virtue, they are considered morally neutral. Makruh (discouraged) acts are those whose performance is discouraged and the acts that are detested. Their performance does not merit any sin as such however they are not appreciated. Haram (prohibited) are strictly forbidden acts their performance merits sin and their non-performance are considered as good and is encouraged.

Baker Ahmad, the author of "The Principles of Islamic Marketing, states that a Muslim follows and acts under certain guidelines. These can be broadly categorized into three sections as follows:

Halal, or permissible. Its further has three levels:

Wajib, which are the obligatory acts. Exemption is not an option from them if on fails to do it it's certainly a sinner. Thus it can be labeled as Core Halal, from which cannot escape and has to abide by at any cost. For example being honest and transparent is Wajib.

Mandoob, is considered desirable but not obligatory. Not being able to perform it would not result into sin. Likeable can be described as the Supplementary Halal. Implications: do if possible. For Example not giving more than necessary details through means of marketing, but if given would make it more convenient for the customer.

Makrooh, not desirable, in religion it's usually seen as the last option to avail. Involvement in such act shall not result in sin unless it becomes a reason for one. A common example of it is divorce. Although it is Shariah compliant, it represents the border between compliance and non-compliance. Not appreciated by the society.

Mushtabeh, or doubted; as there may be confusion regarding this act weather its Haram or Halal. Businesses should refrain as much because they might be disliked by the Muslim society and Might also lead to Fatwa being given against them. Haram, or not permissible; just like Core Halal, Haram is "absolutely unacceptable". Engaging in such act would undoubtedly lead to sin and it's usually a major sin. (Ahmed, 2011)

7.0 Theoretical framework & explanations

Figure: 7.1 Theoretical Framework for Evaluating Advertisements

The above figure 7.1 shows theoretical framework on the basis of which we will conduct our research. It consists of the variables through which we will develop the checklist and on the basis of that checklist we will evaluate the advertisements and come up with the results.

Variables include the content of the advertisements itself and other four factors that we developed on the basis of Islamic principles of advertisements. Factual information includes whether the claims shown in advertisements are based on any facts and figure or not and if the information provided by advertisers are misleading or not. Living thing elements consist of three scholarly views.

The conservative view: According to this view no human or living being element should be shown in advertisements.

The moderate view: scholars with this view say that human element can be shown both males and females but with the limitation that they should be dressed appropriately. That is the way they are dressed in front of a Na-Mahrum.

The liberal view: according to the scholars with liberal view human being element can be shown in the advertisement the way they are dressed in their real life but inappropriate dressing is not allowed.

We have based our research on the moderate view of scholars and evaluated advertisements according to them. Another variable is moral and ethics which consist of any information or comparison of product which is offensive to other or any information which is against our culture or religion.

Nevertheless product itself consists of external flaw or internal flaw.

External flaw: A product might be lawful if considered only through the point of view of its ingredients. However, sometimes different companies/brands market a product in such a way that its use becomes such that the product if used in a particular way becomes un-Islamic. An external flaw van be removed

Internal flaw: internal flaw exists when a products ingredient contain any haram element such as alcohol and which cannot be removed

On the basis of these variables a check list is made and advertisements are evaluated according to that.

Level 0: Muabbah: (permitted); those acts which are not rewarded or punished and "0" denotes the level Muabbah as it is no gain or no loss.

Level 1: Not recommended: things without which the objectives can be achieved, here 1 represents the level not recommended because there is no punishment for this level of violation.

Level 2: Disliked: those acts that are not liked by majority of people. (Disrespect of elders, being rude etc, in short socially and ethically not acceptable) here 2 represents that this level is not accepted by many.

Level 3: Makrooh-e-tanzeehi: people who willingly do not perform such acts are entitled to reward and who perform this type of act are not sinners but it's disliked. (For example a man offering prayers without his head covered and his sleeves rolled up). Number 3 represents its level of violation and it will be further represented by number 3.

Level 4: Makrooh-e-tehreemi:these are the acts that are proved from indirect sources. People who perform such acts are not considered to be non-Muslim but they are considered to be sinner. Number4 denotes this level in further data analysis

Level 5: Haram: these are the acts which are strictly forbidden in Islam. People who perform haram act are not considered out of the circle of Islam but are going to be subjected to Allah's anger and severe repercussion on the Day of Judgment. Haram is represented by number 5. It shows its importance and that it is the highest amount of violation done in any advertisement.

On the basis of this checklist we will see which sector has done the most amount of violation and evaluate the advertisement.

8. Data analysis

Advertisements of three different years were evaluated and three sectors were selected on the basis of Pakistan Advertisers' Society's report. According to which these three sectors spent most amount of their budget on Airtime. Which is the frequency of ads shown by these sectors is more than other sectors.

Telecommunication

Beverage

Detergents

Top tree companies from these sectors were selected and there advertisements for the year 2009, 2010 and 2011 were evaluated.

Figure 8.1: This above graph explains the number of advertisements that we evaluated per year. In 2009 we evaluated total 31 advertisements, 34 Ads in 2010 and 32 Ads in 2011.

Figure 8.2: This above graph show the advertisements that we evaluated sector wise. Telecommunication sector has most amounts of advertisements which are 45 in all three years. Detergents have 29 Ads and Beverages have 23 Ads for the year 2009, 2010 and 2011

Figure 8.3: This diagram above shows the number of advertisements evaluated per sector in all three years 2009, 2010 and 2011. Three top companies of Pakistan were taken from a joint research of the Pakistan advertiser society and media bank limited, labeled TV industry report 2010/2011.

Total Ads for beverages = 23

Total ads for detergents = 29

Total ads for telecommunication = 45

Brand

Violations

Pepsi

23

Coke

21

Pakola

5

Ariel

17

Surf

12

Brite

10

Ufone

41

Mobilink

38

Telenor

29

Table 8.1

Brand

Violation percentage (No. of violations/total violations)

Pepsi

48%

Coke

42%

Pakola

10%

Ariel

41.46%

Surf

34.14%

Brite

24.4%

Ufone

36.28%

Mobilink

37.16%

Telenor

26.56%

Table 8.2

Sector

Violation %

Beverages

24.5%

Detergents

20.1%

Telecommunication

56.4%

Table 8.3

Table 8.1 the number of violations done by each company and table 8.2 shows the percentage of violation done by each company which is achieved by dividing number of violation out of total violation. However Table 8.3 shows the violation percentage dong by each sector.

8.1Telecommunication sector

Figure 8.4

8.1.1 Types of violations in UFONE Ads

Women shown with un covered head (Makrooh-e-tehreemi)

Comparison with competitors product (not recommended)

Women clothes are thin or tight which makes her body part visible-(haram)

free mixing of boys and girls (haram)

Referring to figure 8.4 in 2010 most number of violations occurred due to women's inappropriate dressing and free mingling of girls and boys as compared to 2009 and 2011. However 2009 has the least amount of violations done. In 2011 Makrooh-e-tehreemi occurred mostly due females' uncovered head.

In Ufone advertisement it was also noticed that they targeted their competitor and subtlety mentioned them. This was not done directly however they brought the association with the competitor by mentioning the competitor's tagline and features. In Ufone 2011, Ufone Office SaafAwazadvertisement, they mentioned Jazz's tagline "ApnaHai" and tried to ridicule the brand and appear better them using clear word play. Negating the competitor and bad mouthing the competitor to appear better than them is disliked in Islamic religion and it is makrooh e tehreemi and it's not appreciated by the Islamic culture.

The Human element was extensively used in the advertisement including young women and men. Most of the Ufone advertisement especially the one promoting UfoneUth Packages showed intermingling of males and females. It promoted free mixing of the sexes and friendships between them. In one particular Ufone Advertisement, a young man was shown casting a look at a group of teenage girls whereupon they all faint. This portrayed the appeal the genders have on each other whereas it is considered improper conduct in the Islamic Shariah. Moreover, casual friendships between the males and females is strictly forbidden and frowned upon in the religion of Islam. The women and men in Islam are required to only maintain relationships with males who have been made legal on to them.

Figure 8.5

8.1.2 Types of violations in TELENOR Ads

Showing any cultural even such as wedding and females heads are not covered also in the background- (makrooh-e-tehreemi)

Providing information against religion (Haram)

Women with uncovered head (makrooh-e-tehreemi)

Women with thin and reveling clothes (Haram)

Providing information against cultural values (disliked)

Mostly showed children below 12 years (muabbah)

In Ads of 2011 women were dressed properly andtheir heads were covered (muabbah)

Again in 2009 least amount of violations are done by Telenor however there violations increased in 2010 and 2011.Along with this most of the haram violations occurred in 2011 due to women shown with revealing clothes.

Telenor also showed some ads in which they have made some dubious claims about their offers/products which were not clearly communicated to the consumer therefore they were being misled in to thinking that one thing was another. This can be regarded as deceitful marketing and is considered to be Haraam. All companies' had also portrayed information and visuals which not liked by the Pakistani and Islamic society

In 2011 they showed women with tight fitted clothing which were revealing and made the consumer focus on their body parts. This lies in the category of Haraam which is completely forbidden according to rules of Shariah. In 2010 mostly women were also showed with their heads uncovered with lies in the Makrooh-e-Tehreemi category which although is not classified as one which makes you a non-Muslim but still is considered a big sin. Women were shown in this view in both routine daily activities and also social gathering where women and men were socializing freely which again is a sinful act.

Figure 8.6

8.1.3 Types of violations in MOBILINK Ads

Full body is covered but head is not covered-(makrooh-e-tehreemi)

free mixing of boys and girls ( haram)

Comparison of the product with other products but not stating the brand or brand's name- (not recommended

Any information which offensive to others (makrooh-e-tehreemi)

Showing children both boys and girls before the age of 12 (muabbah)

Any information which is against the religion (haram)

In 2009 most haram activities have occurred in the advertisements as compared to 2010 and 2011. However highest amount of violation is done in 2011 and least amount of violation is done in 2010.

Mobilink also portrayed some offensive nature against a few individuals which lies in the category of Makrooh-e-Tehreemi, therefore it is sinful. Moreover, they have also shown information which is against the religion therefore they are to be categorized in the Haraam so it is completely forbidden according to Shariah rules.

Along with this they have also shown very free mixing of boys and girls who promote unethical values in our society therefore this is also to be considered in the category of Haraam therefore completely forbidden according to the Shariah rules.

8.2 Beverage sector

Figure 8.7

8.2.1 Types of Violations in Pepsi ads:

Showing any cultural even such as wedding and females heads are not covered also in the background- (makrooh-e-tehreemi)

Full body is covered but head is not covered-(makrooh-e-tehreemi)

If the claim is not valid and tested by an authority than it is considered to be fraud-(makrooh-e-tehreemi)

Facts not clear- (makrooh-e-tehreemi)

Any information which is against our religion (haram)

Any kind of humor that is offensive to an individual ( makrooh-e-tehreemi)

If there is something wrong with a person and an individual is telling it to general public which might be offensive for the person-(makrooh-e-tanzeehi)

Wrong claim about a product ( haram)

Any information which is against the culture (disliked)

The most common level of violation which has occurred in ads of Coca Cola is of Makrooh-e-Tehreemi category. Of these the single most violation which has the greatest frequency of occurring is women being shown without their heads being covered. Not only in daily life sequences but also in social gathering. Girls and boys have also been shown socializing freely which is not allowed according to the rules of Shariah.

Some ads have also shown unclear facts about the product which also lie in Makrooh-e-Tehreemi and there is a sin according to the Shariah rules. The greatest number of violations have occurred in 2009 whereas the least number of violations have occurred in 2011, thus this shows that a decreasing trend has been observed in the ads of Coca Cola.

Coca Cola also have shown some completely false facts about their products which basically means that they have lied to their consumers which is considered to be completely Haraam according to the rules of Shariah. This violation has occurred on two occasions, one in 2009 and in 2011.

Figure 8.8

8.2.2 Violations in Coca Cola ads:

Women clothes are thin or tight which makes her body part visible-(haram)

Product is halal but its wrong way of using it is portrayed in ad (makrooh-e-tehreemi)

Full body is covered but head is not covered-(makrooh-e-tehreemi)

Showing any cultural even such as wedding and females heads are not covered also in the background- (makrooh-e-tehreemi)

Any information which is against our religion (haram)

Any kind of humor that is offensive to an individual ( makrooh-e-tehreemi)

Coca Cola had less number of violations across the three years than its fierce rivals Pepsi. The most common violation which has occurred is again in the Makrooh-e-Tehreemi category with a total 19 violations across the three years. Out of the violations which lie in this category, the most common occurring violation is that women have been shown although with clothes which cover their body properly but their heads are not covered with is not allowed in Shariah. Also, at one instance a woman has been shown wearing tight, fitted clothing which is giving a large focus on her body parts which is considered to be Haraam according to Shariah rules.

In total, Coca Cola has made to Haraam violations across the three years, in 2009 and 2010 consecutively. The other Haraam violation being that it has shown some information which is regarded against the religion and is therefore not allowed at any cost and carries a heavy sin.

The most number of violations have occurred in the year 2010 with 2009 and 2011 both having a total of 6 violations each.

Figure 8.9

8.2.3 Violations in Pakola ads:

Showing any cultural even such as wedding and females heads are not covered also in the background- (makrooh-e-tehreemi)

Facts not clear- (makrooh-e-tehreemi)

Full body is covered but head is not covered-(makrooh-e-tehreemi)

Pakola had the least number of ads amongst all of the companies across any sector. Only two ads were aired in the year 2009. A total of 5 violations occurred with the most frequenet being women being shown without their heads being covered and showing unclear facts in their ads. Both of these violations lie in the categoty of Makrooh-e-Tehreemi. It is the only brand which did not have even a single Haraam violation

8.3 Detergent sector

Figure 8.10

8.3.1 Types of violations in Ariel Ads

Only face is shown whole body is covered-(muabbah)

Comparison with "aam powder" ( makrooh-e-tehreemi)

Wrong claims (haram)

SahirLodhi Ads, Females dressed properly but head not covered (makrooh-e-tehreemi)

In 2010 most of the violations are shown in the advertisements of SahirLodhi in which a lot of women are shown with uncovered heads, thus creating Makrooh-e-tehreemi violation.

In 2011 testimonials were shown in which real life customer were shown using ARIEL detergent and again their heads were not covered.

Once again 2009 has the least amount of violations. Ariel, on several occasions, has practiced doing comparison with other brands although showing that the rival brand is a generic one and not naming any specific brand. Such practices are Not Recommended by the Shariah as the objective of advertising can be easily achieved without such practice and the message that is being delivered can be done so as well. However, any knowledgeable consumer can easily recognize the rival brand as it is only blurred in the visuals and the other features of the packaging, such as colors, of the rival brand make it easily recognizable as well. This lies in the category of Makrooh-e-Tehreei which is considered to be sinful in the Shariah rules. They have also shown Zubaidatariq in several advertisements of 2009 and 2010, in these advertisements she used to recommend Ariel. However her head is not covered in any of the advertisements which come under Makrooh-e-tehreemi.

Figure 8.11

8.3.2 Types of violation in BRITE TOTAL's Ads

Showing women in cultural events without covered heads. (makrooh-e-tehreemi)

Women wearing exposing clothes ( haram)

In detergent sector Brite Total has the least amount of advertisements. With every passing year there violations in the advertisements increase. Violations in 2009 were less as compared to 2010 and 2011.

Brite Total has mostly shown family setup in their advertisements in 2010 and 2011 their main message was "ab koi daagBrite se naibachega" it's a common claim. However in all Brite's Advertisements women are shown and their heads are not covered which lie under Makrooh-e-tehreemi. Whereas in some of their advertisements women's head are not covered plus their clothes are thin and skin fitted due to which they fall under Haram category.

Figure 8.12

8.3.3 Types of violations in SURF EXCEL Ads.

Showing children both boys and girls before the age of 12 (muabbah)

Clothes that cover the females body properly- (muabbah)

Showing wrong claims about a product (makrooh-e-tehreemi

No Haram violation is occurred in all three years. However Surf Excel did the least amount of violation among the other two brands. However most of their violations occurred in the year 2009 as compared to 2010 which has the least amount of violations and most amount of Muabbah.

In several ads Surf Excel has chosen to show only the face of women specifically a grandmother which is considered as Muabbah. They have also chosen to show socializing between men and women through different scenarios where women again have been shown without covering their heads as required by the Shariah. This again lies in the category of Makrooh-e-Tehreemi.

Surf Excel claims in some of its advertisements that it removes stains in one minute (Surf Excel daagmitayeek minute mai) which is not possible in real life. It is considered to be a wrongclaim and no facts are given to prove such statements. These type of acts lie under Haram as it is misleading consumers and giving them wrong information.

Figure 8.13

Telecommunication sector has done the most amounts of violations as compare to the other three sectors. Free mingling of girls and boys is common among all three companies. However ufone does the most amount of violation in all three companies. A general trend of women with uncovered head is shown in most of their advertisements, thus creating Makrooh-e-tehreemi violation. Telecommunication industry spent highest amount of their budgets on advertisements and promotions and in order to create a competitive edge the create Ads with several different types of violations. A High trend of Haram violation is seen in their Ads.

Figure 8.14

In this sector there is a different trend seen. In 2009 most of the violations occurred as compared to 2010 and 2011. And least amount of violations occurred in 2011. However Coka cola did the most amounts of violations firstly because they have the most amounts of advertisements. Secondlythey play mostly international advertisements in which women and man are dressed inappropriately, thus creating Makrooh-e-tehreemi. Also in their ads they are offensive to other individuals and they also make wrong claims.

Figure 8.15

Throughout the sector and the three years covered, Surf Excel has been the most active in respect to the number of Ads, thus they have considered Islamic aspects of advertising mostly in dressing of humans. The practice of showing women with uncovered heads is common and has been practiced by all three brands but Surf Excel has shown very less women element and most of them are properly dressed and their heads are also covered except from few. In Ariel and Brite total's advertisements women's heads are not covered which lies in the category of Makrooh-e-Tehreemi therefore is considered to be sinful. However, Surf Excel on numerous occasions has used children under the age of 12 which is to be considered as Muabbah, thus no sin or rewards come as a result of this.

9. Conclusion

The validity of our research is derived from the interviews with the mufti's and Islamic experts confirming the elements of our checklist and providing a basis for the levels of violations. For this purpose we had to determine the level of violation an act or situation committed in an advertisement yields. Also we had to identify various Islamic parameters as advised in the Islamic principles and guidelines to judge acts and situations in an advertisement.

Our study showed that across all the advertisement, most violations of Islamic shariah and principles occurred in the manner in which women were portrayed. This was in regard to their dressing and apparel. In Islamic shariah, women are required to cover themselves fully so that they wear loose clothing and only their hands up till their wrist and feet are visible. Also, it's required in Islamic shariah for women to cover their head and their hair should not be visible. In this regard, even though when advertisement showed women fully covered or wearing loose clothing they never appear with a head scarf or with their hair covered.

However in the advertisement there were also sector or company specific reason and trends that occurred with regularity. Such as Ufone which indulged in comparison and defamation of competitor brands for instance jazz. Mobilink advertisement also presented indecency and undertonesof adult themes. This was apparent in the manner that the men and women conducted themselves in the advertisement. Although the competition targeting was not direct and blatantly obvious, it became quite clear which competitor was being talked about. Also, in Pepsi advertisement misinformation was presented which counts as Makrooh-e-tehreemi. This was evident in Pakola advertisements also. Moreover, the sector with the least amount of violations, Detergents was also responsible for comparative advertisement which was largely by Ariel. Also, they collectively presented untested claims.

10. Recommendations

Our research highlighted the following areas for improvement and progress to be more suitable towards the Muslim population and develop congruence with Islamic Principles:

Encouraging women to reflect Islamic values in the manner of their dressings and behavior.

Showing legal and Islamic shariah approved relationship between men and women. Avoiding showcase of free intermingling of females and males. Avoiding to show causal friendships and illegal relationship between them

Avoiding comparisons and defaming the competition, and rather focusing on the brands own qualities

Testing and making valid claims in the advertisement

Presenting clear and understandable fact so as to give a clear picture to the consumer.

Attention should be paid to the women's dressing and appearance in advertisement to reflect Islamic principles and value. They should be respectable and decent in the manner of their conduct and avoid lewd behavior and dressing in order to appeal to the Muslim target markets. The relationship shown between male and female character should be one of mutual respect and justified in the eyes of Islamic so as to promote the same ethics in the society.

Moreover, in the long run consumers lose faith and trust in a brand if it fails to deliver its promises therefore untruthful information should be avoided. Companies should consider its responsibility towards its consumers to provide factual, tested and proven information and prevent them from falling in the hands of fraud and losses. Also, Rather than conducting comparative advertising and making the other brand appear negatively in the society, the companies should focus on their own brands. This refers to focus on their own quality and performance and convincing the consumers for purchase decision on their own merits.

Marketing and promotion has been a part of every firm since the existence of trade itself. Our study explored it under the light of Islamic perspective to gauge where particular company/firm stands either as compliant or non-compliant and to what extent. We developed a rating scale which represented the levels of dislike in Islam in term of elements of television commercials.  Our study gives an insight of three sectors (Telecom, Detergents & Beverages) and the frequency of different level of violations. This study also revealed the importance and the repercussions of such violations on an Islamic society.

This study lays the foundation and paves way for further study on this subject focusing on how an Islamic nation should have certain boundaries drawn so that companies/firms to remain compliant to the Islamic teachings and clearly distinguish their marketing, our ethics and values from the non Islamic societies and non Islamic way of working. 

11. Limitations of study

During our research we faced various limitations at different phases other which are as follows:

Time constraint; we had to conduct the entire research and compile it within a span of 16 weeks. Also our group members are not competent enough to carry out researches at a professional level. Therefore our all scope was limited.

Further at the time of finalizing our topic we realized that this area of research is fairly new, therefore we would have less amount of secondary data available for assistance and a lot of first hand information needed to be collected. Then one of our major limitations was also access to the limited studies that have been conducted. We did go through various research reports but we believe that access to Emerald Journals of Islamic Marketing could have provided us with more quality material. We did acquire two different Athens id's to download theses journals but it turned out the ids did not have those rights and we did not have the financial capability to purchase it.

We wanted a fatwa to support our analysis but that was not possible. The reason being a fatwa requires long chain of studies and discussion which would provide a solution applicable on the entire Islamic society and considering this is a topic that has recently being researched upo