Hisbah Institution

The Hisbah is a religious institution under the authority of the state that appoints people to carry out the responsibility of enjoining what is right, whenever people start to neglect it, and forbidding what is wrong, whenever people start to engage in it. The purpose of this is to safeguard society from deviance, protect the faith, and ensure the welfare of the people in both religious and worldly manners according to the Law of Allah. Allah has made it obligatory upon all Muslims to enjoin good and forbid wrongdoing to the extent of their knowledge and abilities.

Allah says:

"Let there arise from you a group calling to all that is good, enjoining what is right and forbidding what is wrong. It is these who are successful."(Q.3:104)

Allah's Messenger (may the peace and blessings of Allah be upon him) said: "Whosoever among you sees an act of wrong should change it with his hands. If he is not able to do so, then he should change it with his tongue. If he is not able to do so, then with his heart, and this is the weakest of faith."

We have already mentioned that the Hisbah is a religious institution, meaning that it is one of the official offices of a Muslim state, one that specializes in fulfilling the obligatory task of enjoining what is right and forbidding what is wrong. The Hisbah is the official means of carrying out this duty.

The domain of the Hisbah:

The Hisbah is essentially organized around safeguarding the limits of Allah from being violated, protecting the honor of the people, and ensuring public safety. It also includes monitoring the marketplace, craftsmanship, and manufacturing concerns to make sure that the laws of Islam are upheld by these entities. It must also ensure that quality standards are maintained. The Hisbah carries out these responsibilities in conjunction with the appropriate government agencies and other relevant establishments. The importance of the Hisbah in the overall Islamic order: Islam aims to bring about a stable and secure society filled with love, whereby the members of society work together in righteous and wholesome activities. Such an environment allows everyone to carry out the responsibility of being Allah's vicegerent on Earth and to fulfill their purpose for existence, which is to worship Allah. Allah says:

"I did not create Jinn and mankind except to worship me."

People are constantly in need of order in their lives and, consequently, they are in need of some authority to ensure that order. Because of this, there must be someone there to remind the people of this order and to keep tabs on how well they are adhering to it. This is why enjoining what is right and forbidding what is wrong is so important.

Al-Hisbah vs Anti-Corruption

In Islam economic activities, including business trading and its services, are controlled by Shari'a (within the foregoing four sources) in an Islamic society. Likewise, the system of Hisbah is an integral part of a just economy in a just society. Luckily, that also provides the same for non-Muslims (Ahl Aldhimah) as residents in an Islamic society. Off-hand, a Muslim should not cheat a non-Muslim in business whatsoever. Prophet Mohammad: "Who ever (a Muslim) causes harm to dhimyee (non-Muslim) is also causing harm to me (Mohammad); and I shall be his opponent on the Day of Judgement"! All are equal in the eyes of Allah (God).

On the question of Hisbah there is a voluminous literature that extends throughout a period from 622 to the year 1805 AD. Most of the sources on this subject are considered classic, especially during the fourteenth century AD. In this context, we can mention a few selected references: al-Qadi Abu ya'ali (d. 440 AH llth century, Imam Abu Hamid Al-Ghazali (d. 505 AH= 12th century, al-Shaizari (d. 589 AH 13th century), Imam Ibn Taymiyyah (d. 728=14th century) Imam Ibn Murad A1 Sanani A1 Hanafi (India) (d. lst quarter of 8th century AH = 14th century), and al-Qadhi Tajuddin al-Sobki (d. 771 = end of 14th century).

Anti-corruption was the center of major responsibilities of any Islamic authority being government and/or public at large. In my opinion, the absence of Al-Hisbah nowadays is the primary cause of going astray. Here I outline a summary of the following:

1. The principle of Hisbah;


2. The procedure and its dimensions;


3. The built-in corrective measures.

A. Principle

Corruption is perceived as evil and mischief that prevents human beings from doing good to others. Qur'an cites: "Those who follow the messenger, the unlettered Prophet, whom they find described with them in the Torah and the Gospel. He orders them to do what is right and avoid what is evil." [7:157]. There are other Qur'an verses that stress the importance of enjoining what is virtuous and forbidding what is vicious. It is basically a question of sheer morality. Certainly, the aim of such ethical principle is to establish justice and maintain it as well. "Allah commands justice and kindness (i.e. doing good deeds for Allah and for mankind) and giving charity to one's kindred; and He forbids indecency, wickedness and oppression" [16:90]. It is exceptionally civilized behavior to observe willingly just economic dealings and fair-trading. It is worthwhile here to note that a true Islamic state is a sovereignty of law and order; a state of Shari'a. That is why the bureau of grievances (diwan Al-Mathalim) played an important role in observing faithfully the Shari'a law. Being then viceroy of the Caliph (Ameer al-Mo'mineen) he used to supervise the action of regional governors, including the tasks of Al-Muhtasib with a view to check, control and correct. Judiciary authority in a true Islamic state is completely independent.

B. Procedure of Al-Hisba

According to al-Imam Abu Hamid Al-Ghazali (in his book Ihya' Ulum Eddin (Vol. II) there are four major elements:

1. Qualification of Al-Muhtasib.


2. Conditions of the process of Al-Hisbah.


3. Who is subjected (accountable) to al-Muhtasib.


4. Degrees of Al-Hisbah's measures.

1. Al-Muhtasib is literally a judge (Qadi) who takes decisions on the spot, in any place at any time, as long a he protects the interests of the public. His responsibilities are almost open-ended in order to implement the foregoing principle: commanding the good and forbidding the evil of wrongdoing. Al-Muhtasib and/or his deputies as full judge (s) must enjoy high qualifications of being wise, mature, pious, well-poised, sane, free, just, empathic, and learned scholar (faqih). He has the ability to ascertain right from wrong, and the capability to distinguish the permissible (halal) from the non- permissible (haram). Hence, Al-Muhtasib is entrusted to secure the common welfare and to eliminate injuries to society as a whole even if such honorable task requires him to take a stance against the ruling governance. In short, he must be appointee (fully authorized), pious and just.

2. Conditions of the process of Al-Hisbah are imperative to define exactly what is and what is not strictly forbidden. Sometimes, sinful is less damaging to society than the forbidden as such. That is why al-Muhtasib is to ensure observing four conditions of the forbidden (1) it is already defined by shari'a law, (2) it has actual presence, not a mere hearsay, (3) it is declared to the public without resorting to spying in order to identify the said forbidden act, and (4) it is known, not necessarily subjected to ijtihad of strenuous interpretation. Al-Muhtasib being meticulous means also die-hard fair in conducting his duties.

3. Who is subjected to al-Muhtasib? The nature of Al-Muhtasib's tasks is comprehensive. It comprises practically all aspects of society as well as everything in day-to-day life. This is not restricted to fellow human beings, but also extended to interpose in damages caused by animals! Cases of environmental pollution are not excluded too. Administration of judiciary premises is another area of concern to the Muhtasib, say, whenever a judge gets unnecessarily angry that may lead to an irrational judgement. Viceroys who act on behalf of the Caliph are also accountable to Al-Muhtasib. Al-Subki in his book: Upholding Opulence (blessings) and Getting Rid of Indignation(s) elaborates 113 topics that Al-Muhtasib dealt with. Abu Ya'la': Al-Ahkam al-Sultaniyya stresses on the interrelationship between the duties of al-Muhtasib and those of Al-Qadi (Judge). Mohammad Al-Qurashi (d. 1329 AD) enumerates in his book on Al-Hisbah seventy chapters that include other sections describing a host of crafts that were then supervised. Like-wise Al-Shaizari discusses in details fourteen chapters plus another four appendices. Dr. Mukhtar Holland, who translated Imam Ibn Taymiyya's book: Public Duties in Islam (The Institution of the Hisba) divides his publication (1983) into two parts:

   1. Managing an Islamic Economy, and
   
   
   2. Towards a Just Society.
   
   

   This is in addition to an appendix by Dr. M. Akram Khan on Al-Hisbah. The duties of Al-Muhtasib permeate throughout every aspect of human, animal and environmental life. The rights of each one of these categories should be protected according to shari'a law, order, norms (urf) and socially accepted practices. Management and control of economic activities at large, especially those related directly to suk (Market), is well known since the seventh century AD when Prophet Mohammad (PBUH) assumed the role of first Muhtasib. Omar Ibn A1-Khattab laid the foundation of Al-Hisbah. During Abbasid period (mid 8th century) Al-Hisbah had become a full-time institution.

4. Degrees of Al-Hisbah Actions
   Al-Imam Abu Hamid Al-Ghazali had outlined TEN degrees of al-muhtasib's actions. These should be applied gradually with great care and consideration.

   1. Seeking knowledge of the forbidden (Al-Monkar) without spying nor forcing others to solicit secret information. Here al-Muhtasib is not a trespasser.

   2. To inform the violator of the forbidden lest he/she is then ignorant about the wrongdoing. The right to know is imperative before applying any punishment.

   3. To forbid verbally, say, advising not to do.

   4. To obstruct the forbidden through preaching, advice and fearing the punishment of Allah (God).

   5. To chide or to scold with strong wording, not vulgar, this may be practiced after Al-Muhtasib being a kind and discreet reminder.

   6. To affect change manually, like forcing a man not to wear silly clothing, or breaking a jar of wine, or pulling the aggressor out of a house which is not his ... etc. The purpose here is to get rid of the forbidden physically.

   7. Threatening with things may become worse in the near future, if the aggressor is not reprimanded.

   8. Applying physical punishment without using any weapon so as to avoid any damage or any bleeding.

   9. To use suitable weapons indicating that serious actions that might take place.

   10. To enforce regulations by resorting to a cadre of police.

Although the above measures are carried out by Al-Muhtasib, he is required not to choose a stronger punishment unless a milder one is either ineffective or seems to carry no weight to the person already admonished. This is because al-Muhtasib operates in a system of checks and balances. His actions should not involve a greater mischief than the one he wants to forestall.