Tasir (fixing prices in the market by authority)

Tasir is the ruler's or his deputy's fixing of a price for the people, and compelling them to trade at it. The four schools take its basic rule to be prohibition; it is allowed on conditions. ^{1 2}

In the language, tas'ir is fixing a price; sa'r means the rise of a fire. In law it is the ruler's or his deputy's fixing of a price for the people and compelling them to trade at it. ¹ Hoarding (ihtikar) is withholding goods to wait for a rise in price; it differs from fixing, though its presence calls for fixing. Estimating (tathmin) is valuing by guess; valuation (taqwim) is giving a thing a known value. ²

The four schools agree the basic rule is prohibition, on the verse "except a trade by mutual consent", the hadith that a Muslim's property is not lawful except with his good will, and because people are free in their property. ^{2 3} Those who allow it cite the Prophet ﷺ's reply when prices rose in Medina: God is the one who fixes, who withholds and gives; and Umar's words to Hatib ibn Abi Balta'a about raisins. ³

The ruler may fix prices if sellers overcharge grossly (double the value), and he cannot protect the people's rights except by fixing it after consultation. It is also allowed when people need the goods, such as weapons for holy war; when goods are hoarded; when sale is restricted to named people; and when sellers or buyers collude. Wherever the people's need cannot be met without it, the ruler must fix it, as Malik held in a year of dearth. ^{7 8 4 9}

Justice is required, so that no seller is denied a fair profit and the people are not harmed. The ruler consults market people, asks how they buy and sell, and leaves the sellers a profit that keeps them in trade. ^{9 5}

The Shafi'is (in the sounder view) and al-Qahastani among the Hanafis confine it to staples or extend it; Ibn Abidin allows meat and butter; Ibn Taymiyya and Ibn al-Qayyim allow it for all goods sold other than by the known manner. The Malikis hold two views. ⁵ Market people are fixed; the importer is not fixed unless the people fear ruin; the hoarder is not fixed by the Hanafis; those who sell outside a shop are not fixed. ¹⁰

The Hanafis, Hanbalis and the sounder Shafi'i view hold that a sale against the fixed price is valid, though a buyer may not buy at the price the ruler fixed if he is under compulsion. The ruler may discipline the offender by discretionary penalty, by imprisonment, beating, a fine or expulsion from the market. ^{6 11}