Introduction

Hisbah The post of Hisbah (regulation of economic, commercial, and public matters) arose together with the position of judge; as a result of expansion of the worldly affairs in the Islamic caliphate. It is a religious position, an application of the Islamic principle of al-Amr bil-Ma`ruf wa al-Nahiy `an al-Munkar (enjoining what is good and forbidding what is evil), which is obligatory on the one who is in charge of the Muslim affairs to appoint whoever he sees qualified for this post. It is individual obligation on the ruler to appoint a person in this post and collective obligation on others.[1] Allah (Exalted and Glorified be He) says: "Let there arise out of you a band of people inviting to all that is good, enjoining what is right, and forbidding what is wrong: They are the ones to attain felicity." [Al-`Imran 3:104].

During its course of development the Hisbah went beyond the religious meaning of the 'enjoining what is good and forbidding what is evil' to practical duties consistent with the general interests of the Muslims. Therefore it dealt with various social matters, such as maintenance of cleanliness of roads, animal welfare so that an animal should not carry what it could not bear, health care through covering fountains, preventing teachers from beating children severely, and controlling bars and wine drinkers as well as indecent women. In general terms, it dealt with all that has to do with the society and morals in order to be in the best manner. It also dealt with economic affairs, due to the fact that Muslim cities had filled with employers, traders and craftsmen. Hence the job of the Muhtasib was to prevent fraud in industry and transactions, particularly to supervise weights and measures and check their standards and calibers.[2]

None of the previous or subsequent nations and civilizations has seen such a post in their communities and their customs. In fact this position is very important; it represents the moral control on the people. It is known that the Islamic civilization focused on two important factors; material and spiritual. Hence the position of Hisbah was tantamount to magnificent application of the ethics and behavioral orders of Islam.

Hisbah in the Prophet's (peace be upon him) lifetime

The first to hold the position of Hisbah in the history of Islamic civilization was the Messenger of Allah (peace be upon him). Abu Hurayrah (may Allah be pleased with him) narrated that the Messenger of Allah (peace be upon him) passed by a pile of food and then put his hand in it until his fingers wetted, he said: "What is this, O owner of the food?" He said: "It was wetted by rain, O Messenger of Allah." He said: "Would not you put it on top of the food so people can see it. The one who cheats is not of me."[3]

When the early Islamic state began to take shape and be independent, we saw the Messenger of Allah (peace be upon him) appointing first Muhtasib in Islam, as he appointed Sa`id ibn Sa`id ibn Al-`Aas (may Allah be pleased with him), immediately after the Conquest of Makkah,[4] on a Makkan market. This demonstrates the importance of this position since the dawn of Islam.

It is interesting to see that some women during the era of the Prophet (peace be upon him) were appointed in this position. Ibn `Abdul-Barr narrated that Samra' bint Nuhaik al-Asadiyyah (may Allah be pleased with her) "saw the Messenger of Allah (peace be upon him) until she became aged. She used to tour the market to enjoin the good and forbid the evil, hitting the people with her whip."[5] More surprisingly `Umar ibn al-Khattab (may Allah be pleased with him) kept her in the position of Muhtasib on the market. This was confirmed by Ibn al-Jawzy, who said: "Whenever `Umar (may Allah be pleased with him) entered the market he came to her,"[6] i.e. come to her workplace not home.[7]

The Commander of the Faithful `Umar (may Allah be pleased with him) used to undertake the job of the Muhtasib himself. He used to enjoin what is good and forbid what is evil, draw people to the right and the straight path, prevent fraud and warn against it, and tour the market carrying a stick to warn those who sold goods at exorbitant prices and cheaters.[8]

The Hisbah system continued throughout the eras of the four Rightly-Guided and the Umayyad caliphs, but the person in charge was not called Muhtasib, a term which was used in the Abbasid Dyansty. Ziyad ibn Abih appointed a person in charge of Basra market during the reign of the Umayyad Caliph Mu`awiyah ibn Abu Sufyan.[9]

Hisbah under the Abbasids

With the Abbasid the position of Muhtasib (the person in charge of Hisbah) began to take shape differently. It has become known among the people since the Abbasid Caliph Abu Ja`far al-Mansur. In an attempt to facilitate the affairs of the Muhtasib and in regulation of the society, al-Mansur moved the markets of Baghdad and the eastern city into remote, specialized areas, away from the center of the city and its public offices. Therefore, markets were moved to Bab al-Karkh and Bab al-Sha`ir. Al-Mansur also appointed Muhtasibs to control and monitor these markets and report any irregularities.[10]

The position of Muhtasib evolved over the years under the Abbasid Caliphate from just controlling weights and measures, preventing monopoly, and enjoining what is good and forbidding what is evil, to supervising cleanliness of markets and mosques and controlling civil servants to comply with the rules. This also included the supervision of the muezzins (callers to Prayers) to comply with the Prayer times. The Muhtasib's jurisdiction expanded to monitor the judges if they were late in their work or stopping sitting for judging. Surprisingly, the Muhtasib has had the right to test and select the peoples of professions and trades to determine their proficiency and professionalism in their crafts, so as not to exploit others. The Abbasid Caliph al-Mu`tadid (died. 279 AH) asked Sinan ibn Thabit, the Chief of Physicians, to test all doctors in Baghdad, about 860 doctors, and ordered the Muhtasib not to allow a physician to practice this profession without passing the exam![11]

The role of the Muhtasib in the State

Many of the Muhtasibs used to apply Hudud and mete out punishments on the offending princes and sultans, like the rest of the masses. In his book Siyar al-Muluk (Biographies of Kings) Nizham al-Mulk said the Seljuk Sultan Mahmud ibn Malikshah "had drunk alcohol once with his own entourage throughout a night... Ali ibn Nushtakin and Muhammad al-`Araby (two of his close friends) attended the party and continued staying up and drinking all the whole night with Mahmud. With the sunrise of morning `Ali suffered a dizzy and looked tired because of the excessive drinking and staying up. He asked the Sultan's permission to go home. Mahmud said to him: "It's not appropriate to go (home) in broad daylight; you're drunk. Stay here and take a break in one of the rooms until afternoon and then go while you are sober; I am afraid if you go now and you're drunk the Muhtasib may see you on the market, take you, and then mete out the punishment on you, and so you will loses faces and I get depressed without being able to say a word. However Ali ibn Nushtakin, who was the commander of 50,000 horsemen and the brave man of his time to the extent that he was considered a thousand men, did not mind that the Muhtasib would nerve think of it. He did not yield and insisted to go home. Mahmud said: "It's up to you. Let him go." `Ali ibn Nushtakin rode in a great parade of horsemen, slaves and servants, going home. But it was Allah's Will that he was intercepted by the Muhtasib with a hundred of his men, both horsemen and walkers in the center of the market. When the Muhtasib saw `Ali drunk, he ordered him to get down of his horse. The Muhtasib got down of his horse, too, and then ordered a man to hold `Ali's head and another man to hold his feet firmly and the Muhtasib whipped him forty lashes, without any bias, until `Ali ate the ground with teeth, while his entourage and horsemen looking and none of them dared to utter a single word!"[12]

This is the Islamic civilization, which does not differentiate between a commander that can mobilize fifty-thousand (soldiers) with a sign from him and a Muhtasib that is only in control of a hundred men. However, the Muhtasib meted out the penalty on the commander in public and in front of his soldiers and horsemen, and none of them could do anything. This is because the right was with the Muhtasib, who made the commander a lesson to be learnt!

Thus, caliphs, princes and sultans were always searching for the qualified, skilled and firm to be appointed in the position of Muhtasib. In his book Nihayat al-Rutbah Ibn al-Ikhwah stated: "The Sultan of Damascus, Atabik Tughtin, requested a Muhtasib. He was recommended a man of knowledge and then he ordered to be brought to him. As he gazed to him, the sultan said: 'I've appointed you as chief of the Office of Hisbah to undertake enjoining what is good and forbidding what is evil.' The man said: 'If so, don't sit on this chair and remove this couch, because they are made of silk, and take off this ring, because it is gold. The Prophet (peace be upon him) said in gold and silk: "Those are Haram (prohibited) for the males of my Ummah (nation), but lawful for its females."'[13] The Sultan arose, and ordered to lift his couch, and took off the ring from his finger, and said: "I have also combined you to the police affairs." The people have never seen a Muhtasib more honorable than him."[14]

The position of Muhtasib was therefore extremely important, especially in times of crisis and inflation. In 307 AH prices incredibly rose in Baghdad "until the masses got upset… broke pulpits, interrupted Prayers, and burned bridges."[15] The Muhtasib at the time, Ibrahim ibn Batha, priced some essential goods. He set the price per a Kurr [about 1562 kilograms] of flour for fifty dinars, a move that pacified the public disorder.[16]

On the other hand, the position of Muhtasib was not confined to whoever was appointed by the State. The Islamic civilization has taught all of its children to square up to fight evil as much as possible. This is very impressive and remarkably striking in our eternal civilization. Every Muslim, with his natural disposition, faith and civilization, is Muhtasib even if he or she is not undertaking this position in reality. Imam Ibn Kathir stated in his book al-Bidayah wa al-Hihayah (The Beginning and the End) that "Abu al-Husayn al-Nury sailed off in boat filled with large jugs. He asked the sailor: 'What's this? For whom is this?' The sailor said to him: 'This is wine for (Caliph) al-Mu`tadid. Abu al-Husayn mounted them and started to hit them with a shaft in his hand until he broke them all, except for only one. The sailor asked the police for help. The police came and arrested Abu al-Husayn and brought him al-Mu`tadid, who asked him: 'Who are you?' He said: "I'm the Muhtasib.' Al-Mu`tadid said: "Who has appointed you in the Office of Hisbah?' He said: "The one who appointed you as a caliph, O Commander of the Faithful.' The caliph kept silent for a while and then asked: 'What has motivated you to do so?' he said: 'I was concerned over you and to ward off evil away from you.' The caliph kept silent for a while and then said: 'Why did you left a container and didn't break it?' He said: 'I broke them out of Exalting Allah Almighty. So I didn't care for anybody until I (broke them all and) reached this one I felt conceit, as I defied a man like you. That is why I left it.' Al-Mu`tadid said: 'Go. I give you free rein to change whatever evil you want to change.' Al-Nury said: 'Now, I'm dissuaded from changing.' Al-Mu`tadid asked: 'Why?' Al-Nury said: 'Because I was changing for Allah's sake, but now I will change of a policeman's sake.' The caliph asked: 'Ask for what you want?' He said: 'I'd like to go out of here safe and sound.' The caliph secured his departure, as he left for Basra where he stayed there in a hideout so that nobody would ask him to mediate for them with al-Mu`tadid. When Caliph al-Mu`tadid died al-Nury return to Baghdad."[17]

[1] Ibn Khaldun: al-`Ibar wa Diwan al-Mubtada' wa al-Khabar, 1/225.

[2] Al-Mawardy: al-Ahkam al-Sultaniyyah (Royal Ordinances), p. 211 and beyond; Ibn Khaldun: op cit, 1/225; and Abdul-Mon`im Majid: Tarikh al-Hadarah al-Islamiyyah fi al-`Usur al-Wusta (History of Islamic Civilization in the Middle Ages), p. 57.

[3] Muslim: Book of Faith, Chapter on the Prophet's (peace be upon him) saying: "The one who cheats is not from us" no. 102; Abu Dawud, no. 3452; al-Tirmidhy, no. 1315; Ibn Majah, no. 2224, and Ahmad, no. 7290.

[4] Ibn `Abdul-Barr: al-Isti`ab, 1/185.

[5] Ibid, 4/1863.

[6] Ibn al-Jawzy: Sirat `Umar ibn al-Khattab (Biography of `Umar ibn al-Khattab), p. 41.

[7] See: Dhafer al-Qassimy: Nizham al-Hukm fi al-Shari`ah wa al-Tarikh al-Islamy (System of Ruling in the Shari`ah and Islamic History), 2/592.

[8] Al-Tabary: Tarikh al-Umam wa al-Muluk (History of Nations and Kings), 2/578.

[9] Al-Salaby: al-Dawlah al-Umawiyyah (The Umayyad Dynasty), 1/315.

[10] See: al-Tabary: op cit, 4/480.

[11] See: Ibn Abu Usaibi`ah: `Uyun al-Anba' fi Tabaqat al-Atibba', 1/112.

[12] Nizham al-Mulk: Siyasat Nameh, pp. 80, 81.

[13] Al-Tahawy: Mushkil al-Aathar, (4209).

[14] Ibn al-Ikhwah: Nihayat al-Rutbah fi Talab al-Hisbah, p. 78.

[15] Muhammad ibn `Abdul-Malik al-Hamadhany: Takmilat Tarikh al-Tabary (Completion of al-Tabary's Book of History), p. 21.

[16] Muhammad ibn `Abdul-Malik al-Hamadhany: op cit, p. 21.

[17] Ibn Kathir: al-Bidayah wa al-Nihayah (The Beginning and the End), 11/89.

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