Tuhfat al-Nazir wa Ghunyat al-Dhakir fi Hifz al-Shaair wa Taghyir al-Manakir

Tuhfat al-Nazir wa Ghunyat al-Dhakir fi Hifz al-Shaair wa Taghyir al-Manakir ("The Gift of the Beholder and the Sufficiency of the Remembrancer on Preserving the Sacred Rites and Changing Abominations") is a Maliki treatise on hisbah (public oversight) and commanding right and forbidding wrong, composed by the jurist and chief judge of Tlemcen, Muhammad ibn al-Uqbani (d. 871 AH / 1467 CE) Tuhfat al-Nazir wa Ghunya…+1.

Composition and Purpose

Ibn al-Uqbani wrote the work in response to an inquiry regarding the obligation of altering wrongdoing (taghyir al-munkar), specifying upon whom the duty falls, when it is mandatory, the circumstances under which the obligation lapses, how genuine wrongdoing is distinguished from permissible acts, and whether this duty is restricted to Muslims or also extends to non-Muslim protected subjects (mu'ahidun) Tuhfat al-Nazir wa Ghunya…. Acknowledging that earlier scholars had extensively treated these subjects in expansive works, the author framed his text as a structured reminder (tadhkirah) summarizing the legal boundaries, deterrents, and principles governing the preservation of Islamic practices and moral order Tuhfat al-Nazir wa Ghunya…+1.

Structure and Contents

The book is organized into eight chapters and an epilogue (khatimah) Tuhfat al-Nazir wa Ghunya…:

• Chapter One: Textual proofs establishing the obligatoriness of enjoining right and forbidding wrong Tuhfat al-Nazir wa Ghunya…+1.
• Chapter Two: The circumstances under which the act is strictly obligatory, recommended, or prohibited Tuhfat al-Nazir wa Ghunya…+1.
• Chapter Three: The qualifications and legal conditions required of the person undertaking the change (al-mughayyir) Tuhfat al-Nazir wa Ghunya….
• Chapter Four: The methods and practical execution of correcting wrongdoings Tuhfat al-Nazir wa Ghunya….
• Chapter Five: The ascending ranks and tiers of censure Tuhfat al-Nazir wa Ghunya….
• Chapter Six: The legitimate legal avenues for uncovering and investigating illicit acts Tuhfat al-Nazir wa Ghunya….
• Chapter Seven: Specific manifestations of illicit practices across various venues and occupations Tuhfat al-Nazir wa Ghunya….
• Chapter Eight: Specific rules applying to the Muslim population and corresponding regulations for non-Muslim protected subjects Tuhfat al-Nazir wa Ghunya….
• Epilogue: The juristic basis of the muhtasib's appointment, contrasting the office of hisbah with other institutional jurisdictions, notably the ordinary judiciary (qada) and the courts of grievances (mazalim) Tuhfat al-Nazir wa Ghunya…+1.

In the epilogue, Ibn al-Uqbani notes that while both hisbah and mazalim share the reliance on executive authority to deter overt injustice, the oversight of mazalim addresses matters exceeding the standard capacity of judges, whereas hisbah handles matters beneath their direct judicial intervention; consequently, the grievances officer is empowered to issue formal judicial rulings, while the muhtasib is not Tuhfat al-Nazir wa Ghunya….

Manuscripts and Publication

A manuscript copy of the work concludes with a scribal colophon dated Thursday evening, 20 Sha'ban 1198 AH Tuhfat al-Nazir wa Ghunya…. The text was edited by Ali al-Chennoufi and published in Damascus in 1383 AH / 1965 CE Tuhfat al-Nazir wa Ghunya…+1.