What are the detailed statements of the scholars and what is the preponderant opinion regarding the ruling on compulsory price-fixing? And what is the ruling on one who prays alone behind the imam, and what are the differences, evidence, and preponderant views concerning that?
The ruling on price-fixing varies according to circumstances:
First Case: Price-fixing in normal circumstances (no inflation): Scholars differed on two opinions: 1. Impermissibility (Majority): They cited the verse, ﴿EXCEPT THAT IT BE TRADE BY MUTUAL CONSENT AMONG YOU﴾, and hadiths where the Prophet (peace be upon him) refused to fix prices when asked. They believed that price-fixing could lead to inflated prices and scarcity of goods. 2. Permissibility (A minority of scholars): They saw it as beneficial for people and a means to prevent price gouging. The first opinion is the more probable due to the strength of its evidence, and the principle in is freedom of transaction unless there is injustice, deceit, or monopolization.
Second Case: Price-fixing in a state of inflation: Scholars differed on two views: 1. Those who prohibit it: They cited hadiths where the Prophet (peace be upon him) refused to fix prices and viewed price-fixing as compulsion and injustice to sellers. 2. Those who permit it: The Hanafis, some Malikis, Ibn Taymiyyah, and Ibn al-Qayyim held it permissible if merchants exceeded the customary value, and the judge was unable to protect the rights of Muslims except through price-fixing. This aligns with the spirit of Sharia in safeguarding public interest.
The prohibition of price-fixing in the hadiths is understood to apply to normal circumstances subject to supply and demand. However, when prices are deliberately raised unjustly, Sharia permits price-fixing to ward off harm from buyers.
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