Bughyat al-Irba fi Marifat Ahkam al-Hisba li-Ibn al-Dib
- Author died
- 944 AH
- Editions
- Institute of Scientific Research - Islamic Heritage Revival Center - Umm Al-Qura University
Bughyat al-Irba fi Ma'rifat Ahkam al-Hisba (The Fulfillment of Desire in Knowing the Rules of Market and Public Morality Inspection) is a legal treatise by the Yemeni historian and hadith scholar Ibn al-Dayba' al-Shaybani (866–944 AH / 1461–1537 CE), outlining the principles, jurisdictions, and practical rulings governing the office of hisba (enjoining good and forbidding wrong) in Islamic law.
Purpose and Scope
Ibn al-Dayba' composed the work as a concise manual for individuals interested in assuming public administrative office, aiming to clarify the legal rights, duties, and limits of the muhtasib (inspector/censor). The treatise addresses the theological and jurisprudential obligation of commanding right and forbidding wrong, distinguishing the responsibilities of officially appointed authorities from those of ordinary Muslims, and surveying common violations across public and private spaces.
Structure and Contents
The book is organized into an introduction, six chapters (fusul), and an epilogue (khatima):
- Chapter One: Defines the essence of hisba as commanding the good when neglected and forbidding the wrong when openly committed. It establishes that hisba constitutes an individual obligation (fard 'ayn) for the appointed official and a collective obligation (fard kifaya) for the general Muslim community.
- Chapter Two: Outlines nine distinct differences between the official muhtasib and private individuals, including the official's mandate to receive public complaints, investigate open offenses, hire assistants, administer discretionary punishment (ta'zir), receive a stipend from the public treasury, and regulate customary market and street arrangements.
- Chapter Three: Details the four essential pillars (arkan) of hisba drawn from classical scholarship: the inspector (al-muhtasib), the censured act (al-muhtasab fih), the censured party (al-muhtasab 'alayh), and the practical stages of enforcement (al-ihtisab), which range from polite guidance to the gradual use of force.
- Chapter Four: Classifies prevalent public offenses into specific social spheres, covering infractions in mosques (e.g., rushed prayer, severe misrecitation of the Quran, corrupt storytellers), commercial markets (fraud, concealment of defects, prohibited trade goods), public streets (obstructions, dumping litter, hazardous architectural extensions), public bathhouses (hammamat), and banquets and entertainment gatherings, along with overarching duties related to the rights of God and human rights.
- Chapter Five: Explains the duty of private individuals to command good and forbid wrong according to their knowledge and ability, restricting intervention in nuanced matters of legal interpretation (ijtihad) strictly to qualified scholars while leaving agreed-upon religious obligations open to all Muslims.
- Chapter Six: Examines the levels of changing wrong—by hand, tongue, and heart—and details restrictions on spying (tajassus) and breaking into private homes, permitting intrusive inspection only when irreversible, severe harm (such as impending murder or adultery) is reliably reported.
- Epilogue: Summarizes supplementary practical regulations, notably addressing the verification of weights, scales, and measures, public conduct during Ramadan, passenger safety on river and sea vessels, burial practices, and commercial supervision.
Sources and Method
In compiling the work, Ibn al-Dayba' drew upon established authorities in Islamic governance and legal ethics, quoting extensively from Abu Hamid al-Ghazali's Ihya' 'Ulum al-Din regarding the pillars and moral etiquette of hisba, as well as citing rulings from Abu al-Hasan al-Mawardi's al-Ahkam al-Sultaniyya and opinions of al-Nawawi.
Editions
The text was edited and published with an academic study by Talal ibn Jamil al-Rifa'i, Associate Professor of Islamic Systems at the College of Sharia at Umm al-Qura University.
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