Images of legal issues in receiving caravans and its jurisprudential ruling: A comparative and standard foundational study

Abstract

This research aims to study the prophetic prohibition of Talaqqi al-Rukban (intercepting caravans/traders before they reach the market) and apply it to modern contemporary issues (Nawazil) in light of technological and commercial advancements, using the method of jurisprudential analogy (Qiyas) to derive its legal ruling. The research covers the definition of Talaqqi and its traditional forms, presents the schools of jurisprudence, discusses their evidence regarding the ruling, and examines the underlying reason (Manat) for the prohibition. It then highlights contemporary cases, such as purchasing through electronic media before the goods arrive or dealing with suppliers at ports. The study adopts a descriptive, analytical, and deductive approach, measuring contemporary cases against the original textual prohibition based on the rationale of deception and fraud (Ghabn). The study concludes that the essence of the prohibition is harming the seller due to their ignorance of the market price, and that analogy necessitates prohibiting forms where this rationale exists, with the right of rescission (Khiyar al-Faskh) affirmed for the deceived party. The research recommends raising awareness among traders and consumers regarding their rights and adhering to transparency.