Nisab al-Ihtisab
- Author died
- 734 AH
- Editions
- Nisab al-Ihtisab
Nisab al-Ihtisab (The Standard of Market Inspection and Moral Regulation) is a classical manual on Hanafi jurisprudence and the office of public inspection (hisba), authored by the Indian jurist Diya' al-Din Umar ibn Muhammad ibn 'Iwad al-Sanami (d. 734 AH / 1333–1334 CE). The work serves as a comprehensive legal handbook compiled for market inspectors and moral supervisors (muhtasibs), detailing rules on enjoining good and forbidding wrong, commercial regulations, public order, and fraudulent practices across various trades.
Author and Context
The author, Diya' al-Din al-Sanami, was born and raised in India, where he studied under Kamal al-Din al-Sanami. He served personally in the office of hisba and delivered public exhortations for over thirty years. In biographical sources, his death is recorded in 734 AH (or within the first quarter of the 8th century AH), while other biographical records suggest 696 AH (1297 CE), though this date has been noted as a potential confusion with contemporary figures.
Al-Sanami composed the book after extensive legal research, drawing directly upon standard, relied-upon Hanafi legal authorities to provide a practical guide for anyone tasked with assuming the office of hisba.
Structure and Content
Nisab al-Ihtisab is organized into seventy chapters (abwab), each encompassing several thematic sub-sections (fusul). The opening chapters lay out theoretical and institutional foundations:
- Chapter 1: The conditions of hisba and the required attributes of the inspector (shara'it al-hisba wa-sifat al-muhtasib).
- Chapter 2: Enjoining what is right and forbidding what is wrong (al-amr bi-l-ma'ruf wa-l-nahy 'an al-munkar).
- Chapter 3: Rulings regarding wine and forbidden instruments (al-khamr wa-l-alah al-muharramah).
- Chapter 4: Regulations regarding non-Muslim protected subjects (ahl al-dhimmah).
- Chapter 5: Oversight of funeral practices and attendees (ahl al-jana'iz).
- Chapter 6: Prohibited commercial dealings (al-mu'amalat al-munkarah).
- Chapter 7: Items and garments prohibited or permitted for men.
Subsequent chapters address specific market sectors and professions—such as food preparers, bakers, millers, veterinarians, and merchants—as well as the supervision of streets, public spaces, weights, and measures. The final chapter (Chapter 70) provides supplementary details on miscellaneous matters of inspection not covered in preceding sections.
Legal Methodology and Themes
Al-Sanami constructs his legal discussions by anchoring municipal and market administration in the Quran, prophetic Hadiths, and authoritative juristic texts. A core theme of the book is distinguishing between the officially appointed inspector (al-muhtasib al-mansub) and the voluntary individual fulfilling the communal obligation of correcting wrongs (al-muhtasib al-mutatawwi'). Al-Sanami notes that the appointed official possesses institutional authority, can use administrative force, and is entitled to financial compensation from the public treasury (bayt al-mal), whereas the volunteer lacks coercive administrative capacity and acts without official stipend.
The author also provides detailed legal classifications of unlawful exactions, distinguishing between lawful administrative dues and bribery or extortion within the hisba office.
Modern Editions
The work has been edited and published in modern scholarly editions, notably by Mariyzin Sa'id Asiri.
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