Al-Hisbah (Duty of Enjoining Good and Forbidding Evil) By Dr.

Ali Al-Halawani Shari`ah-Oriented political scientists define Al-Hisbah as, the duty of enjoining good when it is neglected and forbidding evil when it is paramount in society. Ibn Khaldun (d. AH 808) considers Al-Hisbah as a religious post. That is why jurists differentiate between the Al-Muhtasib (one who practices Al-Hisbah) whom is appointed by head of the state to look after the states subjects, and between AlMutatawi` (i.e. the volunteer) who practices Al-Hisbah without being assigned by the political authority. Historically, Al-Hisbah as a system was founded in the political life of Muslims during the era of Caliph `Umar Ibn Al-Khattab. However, the term itself was only known in the era of the Abbasside Caliph Al-Mahdi. According to Al-Qaradawi, Al-Hisbah started in a simple form in the early days of Islam, but acquired various features and ramifications over time. In fact, some present-day government ministries and departments, such as those of health, social affairs, municipalities, transport and police, are now discharging duties that were at one time or another entrusted to the Al-Muhtasib. Al-Hisbah, as defined earlier, is the duty of promoting what is good and preventing what is evil. It is a collective duty or obligation of the Muslim community. Hence, a considerable number of individuals should assume this responsibility and take an affirmative stand towards Al-Hisbah and put it into effect whenever there is a need for it. Al-Hisbah is a broad Quranic principle that encompasses both the governments responsibilities as well as any effort exerted by the individual to remove a conflict or misunderstanding between two individuals, groups, friends, families or strangers. Al-Hisbah thus encourages the individual to participate and get involved in society as an active agent who is mindful of the problems and concerns of the community in which he lives. There are several verses in the Ever-Glorious Quran on Al-Hisbah, just as it is also one of the major themes of the Prophetic Sunnah. Muslim jurists have similarly spoken at length on the conditions and valid application of Al-Hisbah, which need
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not be reviewed here. However, one deems it mandatory to mention that Ibn Taymiyah (d. AH 728) prescribes some conditions for Al-Hisbah such as: knowledge, leniency and patience.

Pillars of Al-Hisbah - The one who practices Al-Hisbah (i.e. Al-Muhtasib) and he must be a capable discerning adult Muslim. This person serves as the eye of the law on both state and society. In other words, he supervises the application of the law in society, especially in the marketplace, against treachery, mishandling, monopoly, usury, exaggerated profits, and the like. - A flagrant evil that exists and it should be so clear to Al-Muhtasib in such a way that makes him in no need of exerting any effort to notice it. - The process of Al-Hisbah itself which refers to regulation or censorship of public morals as prescribed above.

References: - Al-Qaradawi, Yusuf. Madkhal li-Dirasat al-Shari`ah al-Islamiyyah [Introduction to the Study of Islamic Shari`ah]. Cairo, Maktabat Wahbah, 1991. - As-Salahat, Sami M. Mu`jam Al-Mustalahat As-Siasiyyah fi Turath AlFuqahaa' [Dictionary of Political Terms in the Legacy of Faqihs]. International Institute for Islamic Thought, Herndon, Virginia and Shorouk International Bookshop, Cairo, Egypt, 2006. - Hashmi, Sohail H. (Ed.). Islamic Political Ethics: Civil Society, Pluralism, and Conflict. Princeton University Press, Princeton, New Jersey, 2002. - Ibn Khaldun. Al-Muqadimah (The Introduction). Beirut: Dar Al-Fikr, 1979. - Ibn Taymiyah. Al-Hisbah fil Islam [The Islamic Duty of Enjoining Good and Forbidding Evil]. Verified by Sayyed Abu Si`dah. Kuwait: Dar Al-Arqam, 1983. - Kamali, M. Hashim. Freedom, Equality and Justice in Islam. The Islamic Texts Society, Cambridge, UK, 2002.
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