Ruling on Price Fixing and Regulation

Authored by Dr. Muhammad Zia-ur-Rahman Azmi (رحمه الله)

Types of Price Fixing:

Price regulation or fixing can be classified into two categories based on its circumstances:

1. Price Fixing Due to Injustice or Hoarding:

If authorities intervene to set prices due to unfair practices, such as hoarding or exploiting market conditions, this type of price regulation is permissible.
  • Reason for Permissibility:
    • It ensures fairness in the market and protects consumers from harm caused by unethical behavior.
    • The Prophet (ﷺ) said:
      "Only a sinner hoards goods."
      (Sunan Abi Dawood, Hadith No. 3447)
    • When someone deliberately engages in hoarding or price manipulation, it becomes necessary for authorities to intervene and set a fair price.
  • Guideline for Authorities:
    • The intervention should allow the seller a reasonable profit without exploiting buyers.

2. Price Fixing Without Injustice:

If price increases are due to natural causes, such as scarcity of goods or other market dynamics beyond human control, price regulation is not permissible.
  • Example from the Prophetic Era:
    • When prices rose during the Prophet’s (ﷺ) time, people requested him to fix prices. He responded:
      "Indeed, Allah is the one who sets prices, grants provision, and constrains provision. I hope to meet Allah without anyone having any claim against me for an injustice in matters of wealth or blood."
      (Sunan Abi Dawood, Hadith No. 3451; Sunan al-Tirmidhi, Hadith No. 1314; Sunan Ibn Majah, Hadith No. 2200)
    • The Prophet (ﷺ) refrained from fixing prices because the increase was not due to human wrongdoing but rather natural economic factors.

Summary of Rulings:

  1. Permissible Price Fixing:
    • If price regulation aims to eliminate injustice, such as hoarding or price manipulation, it is allowed.
  2. Impermissible Price Fixing:
    • If prices have risen due to natural causes and not due to human injustice, fixing prices would itself be an injustice and is therefore prohibited.
—Referenced from Ibn Uthaymeen: Noor ‘Ala al-Darb, Vol. 10, Pg. 254.

Conclusion:

Price fixing is context-dependent in Islam:
  • Allowed: To address market injustice.
  • Prohibited: When caused by natural market dynamics without human interference.
 
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