al-Hisba fi al-Islam
- Author died
- 1371 AH
- Editions
- al-Jazīrah lil-Nashr wa-al-Tawzī‘
al-Hisba fi al-Islam (Hisba in Islam) is a legal and historical treatise on public moral oversight, municipal administration, and market regulation in Islamic law, written by the Egyptian scholar and jurist Ahmad ibn Mustafa al-Maraghi (d. 1371 AH / 1952 CE) .
Background and Purpose
Al-Maraghi, who served as a professor of Islamic law at Dar al-Ulum in Cairo, composed the treatise in response to a request from a close associate seeking an explanation of the nature, objectives, and legislative wisdom of the institution of hisba in Islamic law . He highlights that the subject reflects early Islamic history and embodies social cooperation and mutual assistance within society .
Scope and Structure
The work is organized as a concise treatise addressing the linguistic and jurisprudential foundations of hisba, its historical evolution, and its institutional applications . The author outlines the scope of his inquiry through several core subjects :
- Conceptual Foundations: The linguistic and legal definitions of hisba, the underlying necessity for its institution based on human social organization, and the duty of enjoining good and forbidding wrong along with the requisite conditions for those carrying it out .
- The Office of the Muhtasib: The categories, qualifications, and operational scope of the market inspector (muhtasib), differentiating between an officially appointed officer and a voluntary practitioner .
- Jurisdictional Boundaries: Distinctions between the jurisdiction of the muhtasib, the judge of grievances and criminal matters (qadi al-mazalim), and the civil judge (qadi al-huquq) .
- Market and Public Regulations: Commercial rules such as governmental price fixing (tas'ir), the regulation of commercial establishments including inns, public baths, and bakeries, and the prevention of fraud .
- Historical Administration: Religious and administrative posts under the Fatimid dynasty, as well as under the Ayyubid and Mamluk periods in Egypt .
- Sanctions and Penalties: Legal punishments, distinguishing between fixed statutory penalties (hadd) and discretionary punishments (ta'zir), financial penalties, and the permissibility of distributing adulterated goods as charity to the poor .
Key Themes and Concepts
Al-Maraghi explains that the original scope of hisba focused on market surveillance, checking weights and measures, preventing commercial deception, clearing road obstructions, and maintaining public sanitation—duties that he notes correspond in modern times to municipal councils, health and veterinary inspectors, weights and measures departments, traffic authorities, and public order police . He identifies the Caliph Umar ibn al-Khattab as the first to formalize market supervision in Islam by appointing Abdullah ibn Utba over market affairs and weights, while also personally exercising municipal oversight and animal welfare enforcement . Over time, the office expanded into an extensive state department addressing both public moral observance and civil order .
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