The Hadith Basis
The Prophet’s prohibition on ihtikar: “No one hoards except a sinner.” (Muslim). This is one of the few clear hadith on market conduct that all four schools cite.
Additional narrations:
- “Whoever brings goods to a city, then he is provided for; and the one who holds back is cursed.”
- The Prophet reportedly saw a man hoarding grain and drove him from the market of Medina
The Definition of Ihtikar
To constitute ihtikar under classical law, three elements must be present:
- Purchase with intent to withhold: the goods were bought (or produced) and are being held back from sale deliberately
- Harm to the community: the withholding causes price increase or shortage that affects people’s ability to access necessities
- Essential goods: most schools restrict the prohibition to food, clothing, and basic necessities — luxury goods are not subject to the ihtikar prohibition
The Hanbali school adds a fourth: the hoarder must have market power — a small trader with no pricing influence cannot commit ihtikar even if they hold goods.
The Schools’ Positions
Maliki: broadest scope — ihtikar applies to all goods that people need; any withholding that causes harm Hanafi: applies to food and essential commodities; the judge has authority to compel sale Shafi’i: most restrictive — ihtikar applies only to food staples bought specifically to hoard Hanbali: requires evidence of actual market harm and pricing power
State Authority
Classical scholars agree: the judge (qadi) may order the muhtakir to sell at the market price. The state may not set a maximum price arbitrarily (the Prophet refused to set a price ceiling when asked, saying: “Allah is the Price-Setter”) — but once ihtikar is proven, compelled sale at current market price is a remedy, not price-setting.
See also: Fiqh Al Buyu, Fiqh Al Aqd, Fiqh Al Wasatiyyah, Waqf, Fiqh Al Dayn, Fiqh Al Sadaqa