The Juristic Justification of Price Fixing in the Islamic Economic Context اسلامی معاشی تناظر میں تسعیر کا فقہی جواز

الملخص

This article examines the Islamic jurisprudential (Fiqh) and economic perspectives on price regulation, referred to as Tas'ir. Based on the provided sources, This article explores the legal and ethical framework of market pricing within Islamic governance. Central to the discussion is the tension between the principle of free-market trade based on mutual consent (Quran 4:29) and the necessity of state intervention to prevent public harm.The primary evidence cited is the Prophetic tradition (Hadith) where the Prophet Muhammad (PBUH) declined to fix prices during a period of inflation, asserting that Allah is the "Price-Setter" (Al-Mus'ir), the Provider, and the Grantor of sustenance. This tradition establishes the general rule that price-fixing by authorities is a potential "injustice" (mazlamah) that infringes upon the property rights of sellers.However, the article details a nuanced scholarly debate regarding the conditions under which the state may intervene. While some early scholars discouraged intervention, others, including Hanafi and Maliki jurists, argue that the Imam (leader) or Sultan may regulate prices if it serves the public interest (Maslaha). The discourse distinguishes between two types of pricing:

Unjust Pricing: Prohibited intervention that forces sellers to trade at a loss or without consent.

Just/Permissible Pricing: Intervention deemed mandatory when food traders or merchants exploit the public through monopolies (ihtikar) or "excessive pricing" (fuhsh).