practice allow market players to manipulate prices and introduce a degree of
artificiality into the market. Talaqi arrukban also practised in Indonesia. For example,
They act as hindrances to the natural functioning of the
A tradtion attributed to the Prophet prohibited the meeting of tradesmen out of town. The jurists differed as to the reasons for this prohibition. According to one interpretation the rea son for the prohibition is the protection of the public. This was made on the assumption that the porpose of such meeting is to buy all the goods of the tradesmen, the successful buyers thereby acquiring a monoploy on the goods. This will put them in a posit ion to demand any price they like especially where such goods are scarce. (43) According to a second interpretation, the reason for the prohibition is the protection of the tradesmen who are waiting for the arrival of the goods in town. These who meet the tradesmen out of town and b ty all their goods will be depriving those waiting for the arrival of the goods in town from getting a share in the goods and thereby make it difficult for them to earn their livelihood.
And according to a third interpretation, the reason for the prohibition is the protection of the interests of the tradesmen who are to be met out of town. This interpretation assumes that people meet tradesmen out of town in order to defraud them.’ They do this by telling them that there is no market for their goods in town and thereby induce them to sell at too low a price.
This last interpretation is the one adopted by the Hanabali School. (45) According to this school, the same tradition gave a tradesman the option of rescinding the contract if he suffered laesio enormis. (46) The option is based on the presence of both fraud and laesio enormis. (47) Simple lesion is not a ground for rescinding the contract. (48) [continues]
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