Development of the theory of the institution of ḥisbah in medieval Islam
Yaacob, Ahmad bin Che
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The main focus of this study is to examine the development of the theory of the institution of ḥisbah in medieval Islam. In particular, the study will provide an analysis and paraphrase of the work of Yaḥyā ibn ʻUmar (d. 289/901) which is considered the earliest source on the subject. The study is divided into seven chapters, an Introduction and a Conclusion. The Introduction explains the aims of this study and is followed by the discussions on the origin of the role of market supervision and the definition of ḥisbah. Next, works of medieval Muslim scholars and studies made by the contemporary scholars are reviewed. Chapter One discusses the life and career of Yaḥyā ibn ʻUmar, followed by an analysis of the two texts of his work; Kitāb Aḥkām al-Sūq and Kitāb al-Aḥkām fī Jamiʻ Aḥwāl al-Sūq. In Chapter Two, a paraphrase of these two texts is made. Chapter Three deals with the elements of ḥisbah, covering the discussions on the person carrying out the duty of ḥisbah (i.e. the muḥtasib), the person to be supervised, subject of ḥisbah's supervision and stages of ḥisbah's penalties. The remaining four chapters examine the duties of the muḥtasib. The duty of the muḥtasib to supervise the market is discussed in Chapter Four and Chapter Five examines his duty to supervise moral and religious behaviour. The discussions in Chapter Six is concerned with the supervision of medical professions while Chapter Seven deals with the administration of the city. This is followed by a Conclusion which summarizes the discussions previously made and presents the findings of this study.