Within societies profoundly influenced by Islamic customs and traditions, the principle of Hisbah occupies an essential position in the framework of social governance and ethical stewardship. Deriving from the Arabic verb “ḥasiba,” which translates to holding an individual accountable, Hisbah embodies an Islamic institution whereby designated authorities bear the responsibility of promoting public well-being and ensuring compliance with religious norms within the community (Quran chapter 3 verse 104).
In the context of global interconnectivity and evolving international legal systems, the application of Hisbah has emerged as a point of considerable contention. Opponents of Hisbah contend that its application may at times be at odds with contemporary standards of human rights, whereas its advocates uphold it as an indispensable apparatus for sustaining social justice and preserving moral values. Such discussions underscore the complex task of integrating traditional norms with the modern societal fabric.
This article endeavors to examine the origin and development of Hisbah and its influence on personal liberties. The treatise will dissect the ongoing controversies pertaining to its function in the present-day context and ultimately appraising how these deep-rooted doctrines may be reconciled with, or conceivably contribute to the contemporary quest for justice and the well-being of the community.
Hisbah is a fundamental Islamic concept ordained by God in the holy Quran Chapter 3 Verse 104. Historically, Hisbah officers are called Muhtasibs, where a group of people appointed during the period of the holy Prophet Muhammad S.A.W. to monitor market activities, regulate commercial transactions, and address moral and ethical infractions within the framework of the Islamic society. The concept of Hisbah focuses on promoting social justice, ethical behavior, and well-being, with a comprehensive approach to regulating individual conduct and societal interactions. In contemporary Islamic contexts, the practice of Hisbah continues to involve individuals and organizations in roles similar to those of historical Hisbah.
Hisbah varied among different Islamic dynasties and empires, showing diverse approaches to governance, legal administration, and social regulation within Islamic societies. For example, during the Abbasid Caliphate, Hisbah officers known as Muhtasibs oversaw marketplaces, regulated trade practices, and ensured fair treatment of merchants and consumers and expanding their role in overseeing economic activities. Similarly, in Al-Andalus (Spain) Hisbah was implemented to enforce legal, ethical, and social norms, contributing to the regulation of economic activities and the maintenance of public order within the context of Islamic governance. In the Ottoman Empire, Hisbah officers, or Muhtasibs supervised marketplaces, addressed commercial disputes, and ensured compliance with ethical and religious standards in trade practices and demonstrating the enduring influence His in regulating economic and social affairs within Islamic governance structures. Furthermore, in the Mamluk Sultanate in Cairo, Hisbah played a crucial role in overseeing market activities and ensuring fair treatment of merchants and consumers, while in the Safavid Empire, Hisbah was integrated into the administrative and legal infrastructure to regulate economic activities, uphold ethical standards, and maintain public order based on the principles of Shia.
The concept of Hisbah has triggered a myriad of controversies, with discussions revolving around its role in upholding moral standards, its potential impact on individual liberties, and human rights. Here are some of the key debates surrounding Hisbah:
1. Religious Enforcement and Individual Freedoms: One of the primary disputes surrounding Hisbah focuses on the imposition of Islamic law, or Sharia, by Hisbah officers. This has sparked conversations about the equilibrium between religious enforcement and personal freedoms. Critics argue that Hisbah’s involvement in regulating personal behaviors, such as attire, social interactions, and ethical conduct, may encroach upon personal liberties and rights, particularly for those who do not subscribe to the same religious beliefs.
2. Misuse of Authority: Another contentious issue concerns the possibility of Hisbah officers abusing their authority to uphold moral and ethical standards, potentially resulting in discrimination or harassment. Critics express concerns about the potential for Hisbah to be utilized as a means of controlling individuals, stifling opposition, and targeting marginalized groups within society.
3. Civil vs. Religious Jurisdiction: The intersection of civil and religious jurisdictions has been a source of controversy. The establishment of Hisbah boards in certain regions has prompted inquiries about the appropriate delineations between religious governance and civil administration, sparking debates about the extent to which state sanctioned religious enforcement should be permitted and whether it could infringe upon the separation of religious and civil authorities.
4. Impact on Minority Rights: The implementation of Hisbah in regions with religious or ethnic minority populations has raised concerns about the potential marginalization and discrimination of these groups. Critics argue that Hisbah’s enforcement of Islamic law may disproportionately affect minority communities and individuals who do not share the same religious beliefs.
5. Gender Equality and Women’s Rights: The application of Hisbah in certain contexts has sparked discussions about its impact on gender equality and women’s rights. Critics argue that Hisbah’s intervention in regulating women’s attire, behavior, and interactions may perpetuate gender-based discrimination and limit women’s agency and autonomy.
6. Economic Impact: Hisbah’s role in regulating economic activities and commercial transactions has also sparked discussions about its impact on business practices, market dynamics, and economic freedoms. Critics express concerns about the potential for Hisbah’s oversight of economic affairs to hinder free enterprise, impede market competition, and create uncertainty for businesses.
7. Modern Legal and Governance Frameworks: The compatibility of Hisbah with modern legal and governance frameworks has been a topic of contention.
In conclusion, integrating Hisbah into modern Islamic societies is a complex endeavor that requires a careful balance between tradition and contemporary values. It is essential for Hisbah officials to operate within clear guidelines and maintain accountability to ensure their functions align with Islamic teachings. Constructive dialogue among scholars, legal experts, human rights advocates, and the broader community is vital to address the evolving challenges of application. Hisbah is an instrument of social change and harmony. However, this should be done while respecting the diversity and personal freedoms of individuals in contemporary societies.
Mr Zigau can be reached on 08035993109
