Introduction

Police is considered one of the important offices in the Islamic State and a prominent landmark in the society and people's lives. The police include soldiers who preserve security and order and execute the rulings of the judiciary, thus ensuring safety and security of people and their properties. The police is tantamount to an internal security army.

Police in the era of the Prophet (peace be upon him) and the Rightly-Guided Caliphs.

The Muslims knew the police system since the Prophet's (peace be upon him) era, but was not in a systematic or organized manner. Al-Bukhari stated in his Sahih (authentic) Book of Hadith that "Qays ibn Sa`d (may Allah be pleased with him) was to the Prophet like a chief police officer to an Amir (chief)."[1]

`Umar ibn al-Khattab (may Allah be pleased with him) was the first Muslim ruler who carried out night patrols, as he used to patrol Madinah at night to guard the people and reveal the suspicious people.[2]

It could be argued that the police - as illustrated earlier - began simple in the era of the Rightly-Guided Caliphs, then developed and increasingly organized in the Umayyad and Abbasid eras. In the early age, it was affiliated to the judiciary, with the main objective of implementing the penalties issued by the judge. Later it became independent from the judiciary and the chief of police (Sahib al-Shurtah) was in charge of examining offences. Every city has had its own police presided over by a direct chief, chief of police, who had deputies and aides, who were distinguished with special marks, special uniforms and carrying small spears, called matarid, where the name of the police officer was engraved. They used also to be accompanied by guard dogs and carry lanterns at night.[3]

Police under the Umayyads

Umayyad Caliph Mu`awiyah ibn Abu Sufyan (may Allah be pleased with him) recruited more police members and developed its system. He developed the so-called bodyguard police. He was the first Muslim ruler to appoint a bodyguard,[4] especially the former caliphs `Umar, `Uthman and `Ali (may Allah be pleased with them) were assassinated.

Therefore the police under the Umayyad Caliphate was a tool for the implementation of the caliph's orders. Sometimes, the position of the chief of police (Sahib al-Shurtah) was so sensitive that some princes and viceroys held it. In 110 AH Khalid ibn `Abdullah was appointed as a viceroy and chief of police of Basra.[5]

The Umayyad caliphs were aware of the seriousness and vitality of this post; therefore they set general criteria that must be met by the chief of police. Ziyad ibn Abih said: "A chief of police must be firm in authority and watchful. A chief of guard must be old, chaste, and honest."[6]

Al-Hajjaj ibn Yusuf al-Thaqafy, the viceroy of Iraq and Hijaz during the reign of `Abdul-Malik ibn Marwan, searched for a man able to take command of the police in Kufa. He consulted with the notables and the elite among people, who in turn asked him: "What men do you want?" He said: "I want a man, who sits for a long time (tolerant), honest, free of dishonesty, keen on the least of right, and does not accept any intercession from any one no matter how noble is he." It was said to him: "It is `Abdul-Rahman ibn Obayd al-Tamimy." So he sent to him to appoint him. However, al-Tamimy said to al-Hajjaj: "I can't accept it unless you prevent your children and entourage (from interfering in his work)." Then al-Hajjaj asked his valet: "O boy, call in the people that whoever among them asks for something from him (al-Tamimy), I will be free from him."[7] For al-Tamimy's efficiency and ability to preserve security, al-Shi`by said: "He might have stayed forty days without anybody coming to him (in a dispute). Therefore, al-Hajjaj entrusted him with the position of being in charge of the police of Kufa and Basra."[8]

Thus, the post of the chief of police under the Umayyads and the Abbasids has witnessed remarkable development. Ibn Khaldun said: "The examination of crimes and the implementation of penalties under the Abbasids and the Umayyads in Andalusia as well as the Ubaidis in Egypt and Morocco were carried out by the chief of police. It was a religious position among other Shari`ah-related positions in such States, where the person in charge of this position can go beyond the judicial rulings, expand the scope of the charge in the judgment, impose deterrent punishments before the crime is proven, implement the established penalties, give rulings of Arsh (indemnity paid for inflicting certain wounds) and Qisas (retaliation), and implement rulings of Ta`zir (discretionary punishment) and disciplinary punishments on whoever does not desist from committing crime."[9]

Therefore it can be said that the chief of police (Sahib al-Shurtah) position has developed since the era of the Rightly-Guided caliphs and the early Umayyad caliphate from just a task of implementing the orders of the caliphate establishment to the degree where he was able to examine crimes and implement penalties. That is why the Islamic State focused on building prisons, where the criminals, dissidents and rebels were put in. Al-Tabary reported that Ziyad ibn Abih put a lot of rebels in prison, especially the followers of Ibn al-Ash`ath, such as Qabisah ibn Dubai`ah al-Asady.[10]

Police under the Abbasids

The State has spent on building prisons from the State Treasury (Bayt al-Mal). Although such prisons spared the people the evils and harms of prisoners, this did not prevent the State to spend on those prisoners and care for their affairs. Qady (judge) Abu Yusuf suggested for Harun al-Rashid to provide the prisoners with cotton-made clothes in summer and wool-made clothes in winter.[11] Their health conditions were also on the focus.

The Abbasids were keen to appoint the religiously and jurisprudentially educated, pious people as chiefs of police, so that they would not care for anybody when implementing the prescribed penalties. In his book Tabsirat al-Hukkam, Ibn Farhun said: "Sahib al-Shurtah (chief of police) Ibrahim ibn Hussayn ibn Khalid lashed a perjurer 40 whips, and ordered his beard be shaved and his face be blackened with soot and be shown around eleven times between two prayers, with shouters crying: 'This is the punishment of a perjurer.' This chief of police was virtuous, good, jurist, and interpreter of the Qur'an. He was appointed as chief of police during the reign of al-Amin Muhammad. He also met Mutrif ibn `Abdullah, friend of (Imam) Malik and narrated his Muwatta' (book of Hadith)."[12]

As a result of the efficiency of some military commanders during the Abbasid caliphate, Caliph al-Ma'mun appointed `Abdullah ibn Tahir ibn al-Hussayn as chief of police of the caliphate capital, Baghdad, after he had showed military capabilities in battles and conquests.[13]

The caliphate establishment did not hesitate to dismiss corrupt chiefs of police, who violated the limits of the Shari`ah prescribed penalties and did not examine evidence. Abbasid Caliph al-Muqtadir Billah dismissed Baghdad chief of police Muhammad ibn Yaqut and deprived him of assuming a State office because of his misbehavior and injustice.[14]

The task of the chief of police at the time was multiple and diverse. In addition to their public office as meant to preserve security and punish the thieves and the corrupt, the chiefs of police in most Arab regions used to maintain public morality. Muzahim ibn Khaqan, viceroy of Egypt (died. 253 AH), ordered his chief of police Azjur, a Turk, to prevent women from adorning themselves or visiting the graves, and beat the effeminates and (professional female) mourners (Naddabah). The chief of police was also keen to prevent indecent activities and fight against alcohol.[15]

As for the underachieving chiefs of police, the caliphs used to force them to correct their mistakes fairly and quickly, in order to redress any disruptions and prevent the spread of any harm among the masses. Imam Ibn al-Qayyim (may Allah have mercy on him) stated in his book al-Turuq al-Hukmiyyah (Ways of Government) a story demonstrates the energy and intelligence of an Abbasid chief of police, especially in times of crises. He reported that during the Abbasid Caliph al-Muktafy thieves stole a large amount of money. Al-Muktafy compelled the chief of police to uncover the thieves or fine the (stolen) money. The chief of police then used to ride (his horse) and roam by himself (the streets and neighborhoods) day and night until "he passed one day in an alley in the remote areas of the country. He entered only to find it abominable. In front of a home there were a big amount of fish bones. He asked someone: "How much do you expect for the fish of these bones?" The man said: "One dinar." The chief of police said to himself: "The conditions of the residents of such a remotely desert-bordered alley can't afford this purchase. Nobody, who has some money and is afraid of his money, and nobody with money can spend such an amount of money. Surely there must be something mysterious that must be discovered." The chief of police ruled out this and said: "I need a woman from this neighborhood to talk to her." He then knocked a door other than the one where the fish bones were thrown. He asked for water to drink. A weak, old woman came out of the house and he asked to drink water many times and she gave him water. During this he asked her about the residents of the alley and she informed him, unaware of the consequences, until he asked her: "Who live in that house – referring to the one where fish bones were thrown in front?" She said: "Five strong, young people live in it. They seem to be traders. They have been living in it for about a month. We see them at day very rarely. We see anyone of them comes out of the house quickly to do something and returns back quickly. They spend all the day long eating, drinking and playing chess. They have a boy serving them. At night they leave the house for another one of them in al-Karkh, leaving the boy to guard the house. At twilight they come back while we are sleeping, unaware of them. Aren't these the conditions of thieves?" He said: "Yes." And quickly he called for ten policemen and placed them on the roofs of the neighbors and knocked the door. The boy opened and the policemen broke into and arrested all of them (the five young men), who turned to be the thieves."[16] This story is a proof of the shrewdness of Baghdad chief of police and his enforcement of the caliph's orders immediately.

Criteria for choosing a chief of police

The ruling establishment was keen to choose the intelligent and the thoughtful for the police office, not only stipulating strength and power. The proof is that a police chief brought two persons accused of robbing and "ordered a bottle of water and held it with his hand and then threw it deliberately to be broken. One of them seemed scared, while the other kept firm. The police chief said to the scared man: "Go," and said to the other: "Bring back the money." He was asked: "How did you know?" He said: "A thief is strong-hearted and does not get upset, and the innocent gets troubled if a mouse moves in the house to prevent him from theft!"[17]

The position of the chief of police has been known in most Islamic countries, sometimes under different names. The chief of police was called Hakim (literally governor) in North Africa and Waly (literally viceroy) in the Mamluk era. The police was one of the most important public offices in Egypt and the chief of police (Sahib al-Shurtah) was among the notables, as he used to deputize the Waly (viceroy) in leading worshipers in Prayer, distributing handouts and others. The headquarters of the police office in Egypt was adjacent to Jami` al-`Askar (Mosque of the Military) and was called the 'higher police'.[18] The chief of police used to inquire about the (security) developments of the districts under his jurisdiction, such as arsons and murders, from his deputies every day and then send a written letter of all this to the Sultan in the morning every day, too, so that the ruler would keep abreast of the daily developments.[19]

The chiefs of police used to hang a long knife, called Tabarzin, in their waist.[20]

Police in Andalusia

The Andalusians divided the police into two important categories. The fist was called al-Shurtah al-Kubra (higher police), with the objective of punishing the ruler's relatives and loyalists as well as the influential people. The chief of the higher police has had a seat at the Sultan's door and was always a candidate to the premiership portfolio or chamberlain office. There is no doubt that the creation of this office demonstrates the Islamic civilization respected legislation and societal norms, where there was no difference between the rich or the poor, or between the rulers and the ruled. The second was called al-Shurtah al-Sughra (lower police), which was dedicated to the public and the masses. The chief of police in Andalusia was called Sahib al-Madinah (i.e. chief of the city).[21]

The Islamic civilization has been constructive and innovative. There is no doubt that the position of the chief of police already existed in the previous nations, since the conditions of the communities and individuals make such a position necessary at any time or place. But in the Islamic civilization it was completely different from that of the Persians or Romans; the Muslims added, as we have seen, to this post and made it complied with Islamic ethics and laws.

[1] Al-Bukhari: Kitab al-Ahkam (Book of Judgments), no. 6736.

[2] See: al-Tabary: Tarikh al-Umam wa al-Muluk (History of Nations and Kings), 2/567.

[3] See: Kamal Enani Ismail: Dirasat fi Tarikh al-Nuzhum al-Islamiyyah (Studies on the History of Islamic Administration Systems), pp. 137, 138. 

[4] See: Ibn Kathir: al-Bidayah wa al-Nihayah (The Beginning and the End), 8/156.

[5] Al-Tabary: op cit, 4/136.

[6] Al-Ya`quby: Tarikh al-Ya`quby, 2/235. 

[7] Ibn Qutaybah: `Uyun al-Akhbar, 1/7; Ibn Hamdun: al-Tadhkarah al-Hamduniyyah, 1/91; and Abu Ishaq al-Qayrawany: Zahar al-Adab wa Thamar al-Albab, 2/381.

[8] Ibn Qutaybah: op cit, 1/16.

[9] Ibn Khaldun: al-`Ibar wa Diwan al-Mubtada' wa al-Khabar, 1/222.

[10] See: al-Tabary: op cit, 3/224, 225.

[11] Abu Yusuf: al-Kharaj (Land Tax), p. 161.

[12] Ibn Farhun: Tabsirat al-Hukkam fi Usul al-Aqdiyah wa Manahij al-Ahkam (Enlightening the Rulers in the Foundations of Judgments and Administration), 5/319. 

[13] Ibn al-Athir: al-Kamil fi al-Tarikh (The Perfect in History), 5/455.

[14] Ibn Kathir: op cit, 11/166.

[15] Nasser al-Ansary: Tarikh Anzhmat al-Shurtah fi Misr (History of Police Systems in Egypt), p. 46.

[16] Ibn al-Qayyim: al-Turuq al-Hukmiyah (Ways of Ruling), p. 65. 

[17] Ibn al-Qayyim: Ibid, p. 67.

[18] Al-Maqrizy: al-Khutat al-Maqriziyyah, 1/840, 841. 

[19] Al-Qalqashandy: Subh al-A`sha, 4/61.

[20] Adam Metz: Islamic Civilization in the Fourth Century of the Hegira, 2/275.

[21] Ibn Khaldun: op cit, 1/251; and Shawki Abu Khalil: al-Hadarah al-`Arabiyah al-Islamiyyah (Arab-Islamic Civilization), pp. 313, 314.

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