Al-Hisba and the Islamic Economy

by: Muhammad Akram Khan

1.Al-Hisba

The word hisba has been derived from the root h.s.b. and means “arithmetical problem”; or “reward”.  The verb hasaba yahsubu means “to compute”; “to measure”.  The verbal form Ihtasaba means “to take into consideration”; “to anticipate a reward in the Hereafter by adding a pious deed to one’s account with [Allah]“.{1}  Perhaps, from here the usage of the noun Ihtisab came to be associated with the activities of a person who invites others to do good (ma`ruf) and forbids them from evil (munkar) in the hope of getting a reward in the Hereafter.  More technically the noun hisba connotes the state institution to promote what is proper and forbid what is improper (`amr bil ma`ruf wa-n-nahi `anil munkar).{2} Although the Qur’an visualizes every Muslim to play a positive role in the propagation of good (ma`ruf) and suppression of evil (munkar){3} it has been made an obligation on a section of society to remain engaged in it (fard kifaya).{4} The Islamic state has been enjoined to institute arrangements to oversee the implementation of this injunction.{5}

 

After the establishment of the Islamic state at Madina part of the task before the holy Prophet (Blessings of Allah and peace be upon him) was to reshape its institutions, lay down norms of behaviour and provide arrangements for the protection and perpetuation of these norms.  The pre-Islam norms required drastic modifications as they had evolved in a pagan culture.  The Islamic culture, rooted in the foundations of Tawhid, Risala and Akhira could not adopt values of Jahaliyya.  Of course it did not outrightly reject everything that was in vogue.  Some of the conventions and values were retained intact, while others were modified and reshaped and integrated into the cultural fabric of the Islamic society.  The process was both fast and comprehensive.  It addressed the totality of the human situation.  From such small things as table manners to standards of diplomacy, it did not leave anything out of its orbit.

 

Besides devising a code of approved behaviour the holy Prophet took care to institutionalise the perpetuation and preservation of this code by enjoining upon everyone to engage in amr bil mar`uf wa-n-nahi `anil munkar.  In a number of traditions the Prophet has been reported to have emphasised this role for every Muslim.{6} He himself would, so often, undertake inspections of markets to see that the merchants did not engage in improper behaviour.  Wherever he would see someone indulging in an evil he would forbid him.{7} This function he carried out both as Prophet of Allah and as head of the Islamic state.  In this regard, the Prophet has been termed as the first Muhtasib in the Muslim history.{8} Subsequently when his personal engagements increased he appointed Said b. al-`As b. al-`As b. Umayyah as muhtasib in Makka and `Umar b. al-Khattab in Madina.{9}

 

The first four caliphs of Islam carried out the functions of muhtasib themselves, although there are reports of the appointment of a market officer by Caliph `Umar.{10}  The provincial governors during this era acted as muhtasibs on behalf of the caliph.  A separate department of hisba, with a full-time muhtasib assisted by qualified staff (known as `Arifs and `Amins) was introduced by `Abbasid Caliph Abu Ja`far al-Mansur in 157 A.H.  He appointed Abu Zakariyah Yahya b. `Abdullah as muhtasib.{11}  With the expansion of the jurisdiction of the caliphate the office of the muhtasib also expanded and assumed an increased number of functions.  The institution of the hisba moved along with Muslims in the western provinces of Spain and North Africa and remained an integral part of the state even after the split of the Baghdad caliphate.  Similarly the office of the muhtasib was an important department during the rule of the Fatamids, Ayyubids, and Ottomans.  In India although a formal hisba department did not exist, yet during the Sultanate period a muhtasib and a qadi was invariably appointed whenever an area was annexed to the state.  The Mughals did not feel easy with the institution of the hisba due to their own lax moral standards and replaced it with the office of Kotwal who had a much more limited jurisdiction than the muhtasib.  The institution of hisba remained in vogue during the entire Muslim period of history, though it had been termed differently in various regions.  For example, in the eastern provinces of Baghdad caliphate the officer in charge was muhtasib, in Northern Africa he was sahib al-suq, in Turkey, muhtasib aghasi and in India a Kotwal. 

 

In certain cases the offices of qadi (justice) and the muhtasib were entrusted to the same person.  At other places the police department (Shurta) and the hisba were headed by the same officer.  And at still other places the three offices were manned by one man.  But the functions of muhtasib were clearly distinct from those of a qadi and a shuta.{12}

 

With the advent of Western colonialism most of the Muslim institutions underwent drastic modifications.  Like many other institutions, the hisba also declined in effectiveness.  It either disintegrated into a number of departments or remained an ineffective appendage of the state organs.  By the 19th century Persia, Turkey, Egypt, and India had already transformed the hisba  function into a number of secular departments discarding its religious content as irrelevent.  In Morocco the muhtasib’s office existed even in the early part of the 20th century.  In the present day Muslim societies the secular functions of the hisba have been assigned various departments of the government and the religious functions have been relegated to a secondary position.  Saudi Arabia is perhaps the only Muslim state which has retained to this day the religious wing of the hisba intact to a large extent, although it too has distributed the secular functions to different departments and ministries.{13}

 

Traditionally, the muhtasib was a free Muslim male with a high degree of integrity, insight, reverence and social status.  He was supposed to be a scholar of the Shari`a (most often competent for Ijtihad) with a high degree of in-depth knowledge in the social customs and mores.{14}  Of the quantities of a muhtasib `Ilm (knowledge), Rifq (kindness) and Sabr (patience) were considered to be of prime importance.{15}

 

The functions of a muhtasib could be classified into three categories:          (i) those relating to (rights of) [Allah]; (ii) those relating to (rights of) people; and (iii) those relating to both.{16}

 

The first category covered religious activities such as punctuality of prayers, organization of Jum`a and `Id congregations and maintenance of mosques.  The second category related to community affairs and behaviour in the market, such as accuracy of weights and measures and honesty in dealings.  The third related, mostly, to affairs relating to municipal administration such as keeping the roads and streets clean and lit at night and preventing the building of a factory or dwelling place which could damage the community interests.

 

The muhtasib could appoint technically qualified staff who could investigate the affairs of different crafts and trades.  The muhtasib received complaints from the public but could also initiate an investigation on his own.  He had wide powers, but was required to use them sensibly.  There were a number of steps which a muhtasib could take.  It could be simple advice, reprimand, rebuke, obstruction by forces (Taghyir bil yad), threat, imprisonment and expulsion from the town.  The muhtasib was required to choose a stronger punishment only if a milder one was either ineffective or seemed to carry no weight with the person being admonished.{17}  The code of conduct for a muhtasib provides a system of checks and balances.  For example, he could not doubt a prima facie approved behaviour nor could he engage in secret probing into a doubtful affair.  The behaviour of a person should be obviously against the injunctions of the Shari`a before a muhtasib could intervene.  Similarly he should not engage in ijtihad to punish people; instead he should forbid them from only those actions on which there existed a consensus from the Umma.  Similarly he should act with wisdom and foresight and not overzealously.  His actions should not invoke a greater mischief than the one he wants to forestall.  It means before he intends to obliterate an evil practice of a powerful group he should make sufficient arrangements to counter their reactions effectively.{18}  On questions of social convenience the muhtasib should invite community participation and should not impose his personal opinion on the majority.{19}

 

The institution of the hisba was a Muslim contribution to the human civilisation.  It has been claimed by some orientalists that Muslims borrowed the concept and the office of the muhtasib from the Romans.  The Romans used to have agronomos in their markets who used to perform similar functions as the Muslim muhtasib.  But the evidence to show any connection between the two is both scanty and inadequate.  There is little reason to believe, in the light of available evidence, that the Arabs borrowed this institution from the Romans{20} because the Muslim institution evolved from the Qur’anicinjunction of amr bil ma`ruf wa-n-nahi `anil munkar and had a much wider scope than the Roman agronomos or Byzantine Prefect.{21}  The office of the muhtasib was only a logical necessity of the Islamic state to perpetuate and preserve its social norms.  It was not merely a secular office to regulate markets and administer municipal services.

 

Essence of al-Hisba

The literature on the institution of the hisba may be classified into two categories.  Part of it deals with the general principles of hisba and amr bil ma`ruf wa-n-nahi `anil munkar .  The other category manualises rights and duties of the muhtasib.{22}  Books and dissertations of the latter type are operational guides which provide detailed instructions to the muhtasib in respect of the possible malpractices in defferent trades and crafts.  Usually the author describes each profession or craft in its technical details and points out the areas which demand the muhtasib’s vigilance.

 

A cursory glance through this literature may induce one to conclude that the Muslim society, even in its hey-day was rampant with corruption and fraud and the jurists had to informthe muhtasib to be aware of it.  But such a conclusion would be both hasty and erroneous.  The literature on hisba, like the rest of material on Islamic figh needs to be studied in its literary perspective and intellectual tradition.  The early jurists developed principles of figh and exhibited their operation by applying them to both the prevalent situations as well as to the potential possibilities which may uncover themselves with the course of history.  A large measure of questions on which the jurists have deliberated were only hypothetical probabilities and not a real life phenomenon obtaining at that time.

 

A critical appreciation of the catalogue of the muhtasib’s rights and duties suggests that most trades and crafts have either disappeared from the economic horizon or have undergone a complete metamorphosis with the advent of industrialisation, mass-scale production, extension of markets and development of modern credit and finance.  A listing of these activities of the muhtasib would be of little immediate help.  However, if we dissect and analyze these functions, at least three main strands appear to esist quite distinctly.

 

First, the muhtasib was responsible to see that the community as a whole had proper organisation and facilities for performance of `Ibadat.  The maintenance of mosques, appointments of muezzins and imams, arranging daily prayers, Friday congregations and `Id prayers were some of his duties.  Similarly he would object to any wilful and volitional non-observance of any other obligation of the Shari`a by individuals or by the community.{23}  These functions of the muhtasib may be adopted even now, if an office to this effect comes into being.

 

Second, the muhtasib was concerned with the implementation of `adl (justice) in the society.  He would try to enforce fair play among different economic factors to minimise possibilities of exploitation from the economy.  Consequently, we find a long list of such instructions which prescribe inspection of weights and measures, metallic content of coins and quality of food products.  Similarly the muhtasib would check manipulation of prices, supplies and production, mosopolistic collusions, cheating, fraud, and any other form of inter-sectoral inequity.  In brief, he had to intervene wherever the economic flows were manipulated by the economically powerful individual or groups to their selfish ends.  This are of the muhtasib’s functions needs to be recast to the present day modes of production, distribution and exchange.  The spirit of `adl has to be preserved while defining roles for various economic agents.

 

Third, the muhtasib paid special heed to various municipal sevices especially hygienic conditions in the town.  Perhaps the muhtasib was the only municipal officer in the Muslim society.  He would look into the entire municipal administration such as street lighting, removal of garbage, architectural designs of buildings, water supply and sntipollution sanctions.  Obviously, need for a smooth availability of these services on an efficient scale has only increased these days.

 

2. Implications of al-Hisba for the Islamic Economy

The economic history of the Muslim people has not yet been chronicled in detail.  The early historians have mentioned an that too as passing references, the economic conditions of the people during different eras.  But the modes of production, distribution, and exchange and the credit system have received little attention.  Information on these subjects has not been documented properly to let us have a glance on institutions and operations of the Muslim economies.  However, literature on the hisba, though written with an entirely different motive, helps us in reconstructing a vision of the economic system of Islam during its hey-day.  If we read between the lines there are numerous points which increase our understanding of the functioning of an Islamic economy.  The contours of economies as they glisten through the mist of timemay enable us to benefit from the wisdom of our elders.  In an age when the stupendous onslaught of the Western economic system has almost blurred the faith of most of the Muslims on the ability of successful operation of a Shari`a-based economic system, a probe to understand the logistics of the early Muslim economies, which were no less powerful in their own day than the present day Western economies, would lend us a useful insight into the operationality of Islam’s economic system.  A detailed analysis of this aspect would entail much more space and is outside the scope of this paper.  However, some of the salient features of an Islamic economy as visible from the literature on hisba are enumerated below:

 

(a) Managed Equilibrium

 

Many of the muhtasibs‘ functions imply that the economy was actively managed by the state and was not left to the vicissitudes of events.  It entailed corrective actions by the state as and where necessary.  Economic Equilibrium was manipulated to attain a reasonable degree of efficiency and justice.  The “invisible hand” was not trusted for an optimum level of production and a friction free flow of distribution.  Obviously this was a more concretely distinct proposition than the classical economists’ vision of laissez-faire.

 

(b) Regulation of Supply

 

The muhtasib regulated production and supply of goods and services in a number of ways.  First, he would see that resources did not flow to the production and distribution of goods and services that were categorically haram in the Shari`a.{24}  Second, the muhtasib would keep a strict watch on the supply position of essential articles especially foodstuff.  At times of shortage he could compel the hoarders to bring out their stock to the markets.{25}  Third, all trade had to be done in the open market.  Secret dealings by the traders at their homes, warehouses and behind closed doors could disturb the supply flows and thus interfere in the establishment of a natural price level.{26}  Fourth, the traders were not allowed to collude to bid up prices artificially.{27}  This clearly indicates a necessity for antimonopoly measures by the present day state.  Fifth, the traders were not allowed to form groups to push newcomers out of the market.  Free access to market was ensured to anyone who wanted to enter the market.{28}  Sixth, the urban traders were not allowed to meet rural suppliers on their way and to buy their products at cheaper rates, keeping them in the darkness about the market condition{29} because such an exercise provides undue profit margins to the economically powerful sections at the cost of the unaware villagers.  Moreover, this could lead to cut-throat competition between urban merchants to reach the rural suppliers on their way and thus lead to an unhealthy competition.  It suggests a present day muhtasib would have to play a decisive role in disseminating market information among the rural suppliers to keep them abreast of the market trends.  This would automatically discourage the tendency to buy cheaply from the ignorant farmers.  Seventh, in some of Muslim countries like Tunis (especially Qairawan) the rural suppliers were provided accomodation, hotels and rest shelters near the market place so that they could hold on for a few days and assess the market for themselves before entering into a bargain.{30}  The idea was to strengthen the bargaining position of the rural suppliers who could have a place to stay for a few days.  Eighth, the middlemen, who did not add any utility to the products but only reaped margins from buyers and sellers, were disbanded.{31}  This was to eliminate a class of exploiters and to streamline the supply flows.  Ninth, the interest of merchants as a class was also protected against dumping in the market by a minority of merchants.{32}  If a minority of traders could manage to sell a product at an abnormally lower price than the prevalent market rate, they were prohibited to do so, as such a trend could damage the interest of the majority.  It implies that if an individual or a small group of enterprising businessmen introduces cheaper modes of production, it may lead to mass-scale technological obsolescence, unemployment and plant redundancies.  To prevent such a situation the introduction of technological innovations may be regulated by the hisba department.  The introduction of modern technology may be phased out so that those who are affected may be accomodated in due course.  The state may also provide short-term financing to those who have been adversely affected by the force of such events.  This would keep the incentives unimpaired and the production flows uninterrupted.  Tenth, the traders and craftsmen were not allowed to hide the defects of a product.  Nor were they allowed to make false oaths to sell their products.{33}  It suggests that the muhtasib may have to regulate the role of advertisements in the present day context.  The labels of products and advertisements through commercial media may be scrutinised prior to display to ensure the accuracy of their appeals.

 

(c) Price Controls

 

Price controls of tas`ir are not perpissible in the Shari`a in normal circumstances.{34}  The holy Prophet (Allah’s blessings and peace be upon him) was once requested to fix prices in the Madina market as they had gone up considerably.  The Prophet refused to do so on the plea that the prices should have a natural course.{35}  Some of the jurists have concluded from this tradition that tas`ir is not permissible in any circumstances.  But Imam ibn Taymiya has discussed this question at length.  His conclusion is that tas`ir may not be resorted to if there are no artificial obstructions in the determination of the price level of the market.  But if there exists market rigidities so that the price level is being manipulated by the economically poerful class to their benefit, the muhtasib has a duty to apply corrective measures.{36}  One of the objectives of the Shari`a is to implement `adl{37} and to save the general public from hardship.{38}  It is possible, that powerful groups in the market may manipulate prices by withholding supplies, slackening production, dumping output, or by mere conllusion.  In similar cases the prices may be fixed by the muhtasib at a reasonable level which may rehabilitate the natural trends.  In the past the muhtasibs used to perform this function.  There are reports of systems where the prices would be approved by the muhtasib periodically and given wide publicity.  Delinquent traders were also punished.{39}  It implies that in the present day context the muhtasib would have to keep himself informed of the overall economic conditions and cost structures in the economy.  It may require an independent wing of the muhtasib’s office to carry out this responsibility adequately.

 

(d) Credit Structure

 

The muhtasibs‘ manuals describe him checking any transactions involving riba.{40}  This may be in cash sales, barter exchange, exchange of precious metals (Bai` al-Sarf), advance payments (Bai` al-Salam), or loan (qard) transactions.  Elements of riba may seep into any of these dealings.  The muhtasib used to lay down forms of agreement permissible in the Shari`a and those that may involve riba.  This provides ample evidence to us that riba was not in vogue in Muslim economies either in theory or in practice.  It disproves the claim of those orientalists who have alleged that lending on riba had been practised throughout Muslim history despite its Qur`anic prohibition.{41}  If literature on hisba is any evidence on the Muslim conduct of economies it proves beyond doubt that riba did not exist in the credit structure of these economies.  Secondly, it spotlights the nature of credit transactions in the economy.  The number of ways credit was provided to the needy as well as to the businessman can be catalogued from the literature on hisba.  It may be a source of inspiration for current research on riba-free credit in the Islamic world.  It provides us guidance on the malpractices which the creditors may engage in to exploit the debtors.  Thirdly, one of the conventional duties of the muhtasib was to compel debtors to repay their debts on due dates if they had means to do so.{42}  In case the debtor was unable to meet the claim till a later date, he would intervene to get extension for the creditor.  And in case the debtor was too indigent to honour the debt, the muhtasib would arrange help from the Zakat fund.  This shows that the institutionof qard hasana was backed by state guarantees.  It provides guidance for planning a workable system of qard hasana for a modern economy.

 

(e) Ownership Rights

 

It is obvious that the right of private ownership was honoured and protected in Muslim economies.  however, the right was not absolute.  For example nobody could raise his building to obstruct light or air of his neighbours.{43}  Similarly, it was not allowed to install a flour mill or a leather tanning factory in the residential areas as they could pollute the environment.  People could not slaughter animals in the streets or houses to avoid unhygienic conditions.{44}  It shows that the state had a right to regulate the utilisation of property in the public interest.  Secondly, the muhtasib could compel the well to do citizens to contribute finances for arranging water supply, garbage removal or any other communal service if the funds in the public treasury were not sufficient.{45}  Thirdly, public places or part thereof such as roads, bazaars, streets, parks, playgrounds, grazing ground, etc. could not be made the exclusive prerogative of any particular person or a group.  It implied that public resources would not be deployed to create a privileged group in the society.

 

(f) Manpower Utilization

 

One of the functions of the muhtasib was to check beggary.{46}  Voluntary parasitic begging was severely dealt with while the invalids and economically infirm were provided with basic necessities of life from the community Zakat and Sadaqat.  The muhtasib would compel healthy able-to work individuals to engage themselves in some gainful pursuit.  The public works programmes of the government provided ample job opportunities and the problem of unemployment of contemporary dimensions never existed in Muslim history.  However, it would beg a detailed analysis to find out the exact mechanism through which a full employment equilibrium was maintained.

 

The muhtasib felt a special responsibility toward slaves,{47} who provided the bulk of labour power required in trade, industry, agriculture and household.  He would ensure that the slaves were provided with basic necessities of life, that they were helped if the work was of a strenuous character and were allowed to take rest after intervals of duty.  This was in line with a number of instructions which the Prophet issued for treating slaves with kindness.  It has an implication for the present day industrial labour.  The labour may be granted sufficient wages to provide them basic necessities of life.  It further implies that the working environments and duty hours may be kept congenial to their health.

 

The muhtasib would also interfere if a complaint was brought to him that an artisan had received the agreed fee (Ujra) for a job but had not performed the job satisfactorily.{48}  He would compel the artisan to fulfil his commitment or refund the fee.  This indicates that the labour has also an obligation towards the employer.  They should work honestly and to the satisfaction of the employer.  Legislation may therefore be framed to enforce necessary discipline on industrial labour.

 

On occasions the muhtasib would also determine wage or Ujra of a particular service if the artisan demanded an unreasonably high wage.  In such cases Ujra would be often, ujra mithl (wage acceptable for a similar work by others).{49}  It suggests that the muhtasib may intervene in the negotiations between trade unions and entrepreneurs.  The trade unions, who wield monopoly power on labour, may be prevailed upon by the muhtasib to be reasonable in their demands.  A similar function is carried out by Industrial Relations Commissions in some countries these days.

 

(g) Efficiency in the Public Sector

 

Traditionally the muhtasib felt impelled to invite the ruler to adopt a commendable behaviour and refrain from improper conduct.  This was based on the Prophetic tradition that the best of the Jihad was to pronounce truth (al-Haqq) before an oppressive ruler.{50}  Therefore, rarely a muhtasib would stop short of admonishing a ruler for an improper act.  The convention filtered down to the staff of the hisba who would come across state functionaries at different echelons of bureaucracy.  It endowed the hisba staff with an undaunted courage and ruthless impartiality in checking malpractices in government offices.  They would deal with complaints of bribery and misappropriation of public funds and take action against those found guilty.

 

The role of state in the economy has expanded manifold and the size of bureaucracy has also bulged significantly.  The quantum of funds handled by state functionaries at each level of government is many times more than the past, when most of the financial powers remained vested in the top administration.  Similarly the governments make direct investments in trade and industry and their entire business is handled by the salaried staff.  Thus the openings for corruption have increased many times.  Added to this is the laxity of moral standards which has gripped modern societies because of loose contact with the religion.  It has increased the need to strengthen the functions of the muhtasib in the public sector.

 

Some Western countries have introduced the office of Ombudsman to look into complaints against the administrative conduct of state functionaries.  The Ombudsman also investigates into certain cases at his own initiative.{51}  A similar institution adapted to the moral fibre of the present day Muslim societies would be just in the tradition of having a muhtasib.

 

Concluding Remarks

 

Most of the functions traditionally carried out by a muhtasib have been assigned to different departments of the state thesedays.  But it is unfortunate that the high moral standard and the spirit of amr bil ma`ruf wa-n-nahi `anil munkar are significantly absent, leading to a high degree of corruption, disregard of public funds, a callous indifference towards justice and fair play in dealings and selfish individualism.  In all probability a muhtasib’s office would also imbibe all these vices and thus nullify its own existence.  This obviously leads one to raise the question: How to make use of a highly valuable institution which was operated successfully for centuries by Muslim states?  There is no simple answer to this question.  One way could be to evolve the institution at a natural pace.  As a first step, the muhtasib’s office could be established with limited functions.  Then a process of training in morality and ethics may be started for the professional staff of the hisba.  Gradually more functions may be added.  A powerful council may be established to oversee the work and conduct of the hisba.  This council may deal with complaints against the hisba staff and grant exemplary punishments where necessary.  The hisba staff may be highly paid so that temptations of worldly life do not coax them away from their statutory role.  Another dimension could be widespread dissemination of information on the malpractices of various trades, professions and government departments to raise the level of social consciousness.  The increased consciousness on malpractices (munkarat) will generate an active society and discourage offenders of public morality.

 

To lend a wider acceptability to the institution, grassroots participation of the public is necessary.  For example a committee of merchants of a particular trade may be elected but headed by a muhtasib staff.  The muhtasib may influence and pressurise the delinquent traders through this committee.  Similarly in government offices muhtasib’s staff may be associated with each office who would perform his official duties primarily by persuasion and cooperation of the staff.

 

The fundamental need is to raise the moral standards at individual level by enforcing a system of training in houses, schools, mosques and offices.  The muhtasib can succeed only if the society lends him support by its conduct, otherwise he would also drift into the mainstream of corruption and inefficiency.

 

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NOTES

 1.  Cowan, M., A dictionary of Modern written Arabic’. Beirut: Librairie du Liban. 1974.

 2.  al-Mawardi, Akham al-Sultaniyya, .p.240.

 3.  See e.g., al-Qur’an, 3:110, 9:71, 22:41.

 4.  Ibid., 3:104.

 5.  Ibid., 22:41.

 6.  See Muslim b. al-Hajjaj b. Muslim, al-Sahih, Kitabul Iman, h.83, 85.

 7.  Ibid., h. 186.

 8.  `Abdul `Aziz b. Muhammad b. Murshad, Nizam al-Hisba fil Islma, p.29.

 9.  al-Kattatni, `Abdul Hay b. `Abdul Kabir, al-Taratib al-Idariyya, vol. 1, p.287.

10. `Ali Muttaqi, Kanz ul-Ummal, vol. 3, p. 176.

11. `Abdul `Aziz, op.cit., p. 30.

12. For historical background, see The Encyclopedia of Islam, new edition, Leiden: E.J. Brill, essay on Hisba.

13. `Abdul `Aziz, op.cit., pp. 189-218.

14. For qualifications of a muhtasib, see al-Ghazali, Ihya’ al-`Ulum, vol. 2, p. 308 ff.

15. Ibn Taymiya, Al-Hisba fil Islam, p. 74.

16. al-Mawardi, op.cit., p. 243.

17. al-Ghazali, op.cit., p. 324 ff.

18. Ibid., p. 320 ff.

19. al-Mawardi, op.cit., pp. 243-44.

20. Foster, B.R. “Agronomos and Muhtasib”, J.E.S.H.O. vol. 13, part II, April 1970. pp. 128-144.

21. al-Husayni, Musa.  The Institution of the Hisbah in Early Islam, p. 35.

22. Encyclopedia of Islam, op.cit.

23. See al-Mawardi, op.cit.

24. Ibn al-Ukhuwwa, Ma`alim al-Qurba, pp. 12-13.

25. Ibn Taymiya, op.cit., p. 29 ff and Ibn al-Ukhuwwa, op.cit., p.21.

26. Yahya b. `Umar, Akham al Suq, pp.114 ff.

27. Ibn Taymiya, op.cit., p.20.

28. Ibid., pp.18-19.

29. Ibid., pp. 42-43.

30. Yahya b. `Umar, op. cit., p. 114.

31. Ibn Taymiya, op.cit., p. 42.

32. Ibid., p.32.

33. al-Ghazali, op.cit., p. 333.

34. Yahya b. `Umar, op.cit., pp.111-112.

35. Tirmidhi, al-Jami’ al-Sahih, al-Buyu`, ch. 73.

36. Ibn Taymiya, op.cit., pp. 35 ff.

37. al-Quran (57:25).

38. Ibid., (2:185).

39. Encyclopedia of Islam, op.cit.

40. Ibn al-Ukhuwwa, op.cit., pp. 22-25.

41. Rodinson, M. Islam and Capitalism, London: 1974. pp. 35-37.

42. al-Mawardi, op.cit., p. 246.

43. Ibn al-Ukhuwwa, op.cit., p. 26.

44. Ibid., p. 32.

45. al-Mawardi, op.cit., p. 245.

46. Ibn al-Ukhuwwa, op.cit., p. 9.

47. Ibid., p. 8.

48. Ibid., p. 95.

49. Ibn Taymiya, op.cit., p.27.

50. al-Ghazali, op.cit., pp. 337 ff.

51. Stacey, F. Ombudsman Compared, Oxford: Clarendon Press, 1978.

 

BIBLIOGRAPHY

 

 1. Al-Qur’an.

 2. `Abdul `Aziz b. Muhammad b. Murshad, Nizam al-Hisba fil Islam, Riyadh: University of Imam Muhammad b. Saud, 1395 A.H.

 3. `Ali Muttaqi, Kanz al-Ummal, Hyderabad: Da’ira al Ma’arif al Nizamiyyah, 1313 A.H.

 4. Encyclopedia of Islam, (New edition) Leiden: E.J. Brill.

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