Hisbah play an important role in governing the society in form of society,economy and politics. In Islamic law,hisbah mean to command good and prevent evil.this command is the important task in Islamic teaching. With this attribute,Allah differentiate between the mukmin untill they gained the lustre and glory in the world and hereafter.Via this attribute,it can purify ourself and protect the religion from desintergration,forth tether the hearts of the mukmin people in order to help each other in the matters of goodness and leave all the ignorance for the sake of the beneficence of the ummah.Very obvious this institution already protrude justice in management system of Islam and prove that Islamic politic is the best in bringing prosperous to the mankind.Hisbah constitute system that branch out in the society of Muslim for protecting public interest.It is based on decree f Allah " Let there arise out of you a group of people inviting to all that is good (Islâm), enjoining Al-Ma'rûf (i.e. Islâmic Monotheism and all that Islâm orders one to do) and forbidding Al-Munkar (polytheism and disbelief and all that Islâm has forbidden). And it is they who are the successful."Ali Imran:104.
In Islamic knowlade tradition,there are two stream in stated opinion about hisbah.The first stream derive from the fiqh scholars who laid down the basic or principle of hisbah as definition,condition of hisbah with judicial sector. Among the scholars who laid down the principle are Imam al-Mawardi (m. 450H) in al-Ahkam al-Sultaniyyah, Abu Ya’ala al-Fara (m. 458H) in al-Ahkam al-Sultaniyyah, Ibn Taimiyyah (m.728H) in Hisbah fi Islam, Ibn Qayyim (m. 751H) in Turuq al-Hukumiyyah dan Ibn Khaldun (m. 808H) in Muqadimah.
While the second stream consist from scholars who discuss in term on prevention increasing prices of goods from the deception or fraud of sales.Among them that discuss this matters are Abdul Rahman bin Nasr al-Shayrazi (m. 589H) in kitab Nihayah al-Ratbah fi Talab al-Hisbah, Ibn Ukhuwwah al-Qarshi (m. 729H) in Mu’alim al-Qarbah fi Ahkam al-Hisbah, Ibn Basam(m.844H)in Nihayah al-Ratbah fi Talab al-Hisbah.Every stream have their own distinction.The first stream does not discuss hisbah by way of activity,behavior,actior upon their time.The second stream does not discuss hisbah by way of hukm and the method of syarak that must have in the hisbah officer.It only discuss the activity of business,craftmanship and guarding towards it.Therefore,any research on hisbah should be make throught the opinion of both streams so that it can give the right view of the role of the institution.There are many books written by the Muslim scholars specifically about hisbah whether by book or manuscript.This clearly shown that this institution already revealed the Muslim attainment in the business field which the profession that exist during that time.Book about hisbah shown how the arabic language can become one of the language of communication at that time,the capability of the Muslim to do research and analysis of business study.Besides that,institution of hisbah is one of richest source to draft fundamental of Islamic administration.
The instituation of hisbah already exist in the period of the Prophet Salallahualaihiwasallam.This is according to the hadith of the Prophet Salallahualaihiwasallam that forbid fraud in sales.Narrated in Sahih Muslim from Abu Hurairah where the Prophet Salallahualaihiwasallam already pass through a heap of fruits then Prophet tuck His hand into the heap and found that in the heap there are fruits that foul.Prophet asked the owner of the fruits and he answered the fruit become foul because the clamity of rain.Then,Prophet Salallahualaihiwasallam mentioned "do you put the fresh fruits upon the foul fruits for the buyers see that all the food are in good condition?".Then Prophet Salallahualaihiwasallam stress that whoever tell lies or cheat,he is not from one of us.
Al-Ghazali (m.505H) in his book Ihya Ulumiddin also discuss about hisbah which Al-Ghazali not only discuss in the fiqh point of view but also strees in the direction of adab and akhlak of the hisbah officer.He devide it into five ways for the officer of hisbah to exterminate disavowal namely through providing information or explaination,gentle advise,to scold with hard words that can bring conciousness,prohibit with action immidiately and give menace that can made mankind frightful.(al-Zubaidi, al-Ithaf al-Sadah al-Mutaqin, 1989. vol. 8,pg. 27)
Ibn Taiymiyyah stated that the role and task of government is aim to find the willingess of God and highten the words of Allah.Allah has made mankind with forgoing purpose.In Islam the administration responsible for urging to goodness and to deter any ignorance whether in the bigger field or small like hisbah.Al-Jarsifi said that istitution of hisbah was an important institution because it needs towards many laws and charter or constitution.There is no other institution that noble than the judicial institution except the institution of hisbah because it implement,excecute religious affairs and have alot of similiarities with the judicial institution.
Among the domain of the hisbah officer is to prevent and to abolish any ignorance in the circle of society and take action towards them.Hisbah officer also have the duty of ordering the public to perform solah in the masjid.He also have the right to prevent ikhtilat during the solat.Therefore the hisbah officer must be someone who is firm,explicity so that can take proper action towards immoral doer.He must patrol in the market tp prevent fraud,his job is also to trace any form of fraudulent and implement the Islamic rules that connected with loyalty,honesty,well mannered,morally and cleanliness.
___________________________________________________________________________In Islamic knowlade tradition,there are two stream in stated opinion about hisbah.The first stream derive from the fiqh scholars who laid down the basic or principle of hisbah as definition,condition of hisbah with judicial sector. Among the scholars who laid down the principle are Imam al-Mawardi (m. 450H) in al-Ahkam al-Sultaniyyah, Abu Ya’ala al-Fara (m. 458H) in al-Ahkam al-Sultaniyyah, Ibn Taimiyyah (m.728H) in Hisbah fi Islam, Ibn Qayyim (m. 751H) in Turuq al-Hukumiyyah dan Ibn Khaldun (m. 808H) in Muqadimah.
While the second stream consist from scholars who discuss in term on prevention increasing prices of goods from the deception or fraud of sales.Among them that discuss this matters are Abdul Rahman bin Nasr al-Shayrazi (m. 589H) in kitab Nihayah al-Ratbah fi Talab al-Hisbah, Ibn Ukhuwwah al-Qarshi (m. 729H) in Mu’alim al-Qarbah fi Ahkam al-Hisbah, Ibn Basam(m.844H)in Nihayah al-Ratbah fi Talab al-Hisbah.Every stream have their own distinction.The first stream does not discuss hisbah by way of activity,behavior,actior upon their time.The second stream does not discuss hisbah by way of hukm and the method of syarak that must have in the hisbah officer.It only discuss the activity of business,craftmanship and guarding towards it.Therefore,any research on hisbah should be make throught the opinion of both streams so that it can give the right view of the role of the institution.There are many books written by the Muslim scholars specifically about hisbah whether by book or manuscript.This clearly shown that this institution already revealed the Muslim attainment in the business field which the profession that exist during that time.Book about hisbah shown how the arabic language can become one of the language of communication at that time,the capability of the Muslim to do research and analysis of business study.Besides that,institution of hisbah is one of richest source to draft fundamental of Islamic administration.
The instituation of hisbah already exist in the period of the Prophet Salallahualaihiwasallam.This is according to the hadith of the Prophet Salallahualaihiwasallam that forbid fraud in sales.Narrated in Sahih Muslim from Abu Hurairah where the Prophet Salallahualaihiwasallam already pass through a heap of fruits then Prophet tuck His hand into the heap and found that in the heap there are fruits that foul.Prophet asked the owner of the fruits and he answered the fruit become foul because the clamity of rain.Then,Prophet Salallahualaihiwasallam mentioned "do you put the fresh fruits upon the foul fruits for the buyers see that all the food are in good condition?".Then Prophet Salallahualaihiwasallam stress that whoever tell lies or cheat,he is not from one of us.
Al-Ghazali (m.505H) in his book Ihya Ulumiddin also discuss about hisbah which Al-Ghazali not only discuss in the fiqh point of view but also strees in the direction of adab and akhlak of the hisbah officer.He devide it into five ways for the officer of hisbah to exterminate disavowal namely through providing information or explaination,gentle advise,to scold with hard words that can bring conciousness,prohibit with action immidiately and give menace that can made mankind frightful.(al-Zubaidi, al-Ithaf al-Sadah al-Mutaqin, 1989. vol. 8,pg. 27)
Ibn Taiymiyyah stated that the role and task of government is aim to find the willingess of God and highten the words of Allah.Allah has made mankind with forgoing purpose.In Islam the administration responsible for urging to goodness and to deter any ignorance whether in the bigger field or small like hisbah.Al-Jarsifi said that istitution of hisbah was an important institution because it needs towards many laws and charter or constitution.There is no other institution that noble than the judicial institution except the institution of hisbah because it implement,excecute religious affairs and have alot of similiarities with the judicial institution.
Among the domain of the hisbah officer is to prevent and to abolish any ignorance in the circle of society and take action towards them.Hisbah officer also have the duty of ordering the public to perform solah in the masjid.He also have the right to prevent ikhtilat during the solat.Therefore the hisbah officer must be someone who is firm,explicity so that can take proper action towards immoral doer.He must patrol in the market tp prevent fraud,his job is also to trace any form of fraudulent and implement the Islamic rules that connected with loyalty,honesty,well mannered,morally and cleanliness.
References:
1. Abdul Rahman bin Nasr al-Shayrazi (m. 589H), Nihayat al-Ratbah fi Talab al-Hisbah, Lujnah ta’lif wa Tarjamah, Kaherah, 1946.
2. IbnTaimiyyah,(m. 728H), Hisbah fi al-Islam, Jami‘ah al-Islamiah Madinah al-Munawwarah.
3. Muhammad bin Muhammad bin Ahmad al-Qurashi (terkenal sebagai Ibn al-Ukuwwah m. 729H), Ma’alim al-Qurbah fi Ahkam al-Hisbah, Cambridge, London 1937.
4. Muhammad bin Muhammad al-Saqati al-Malqi al-Andalusi, Fi Adab al-Hisbah, Dar al-Fikr al-Hadith, Beirut,1987.
5. Muhammad Ahmad bin Basam, Nihayat al-Ratbah fi Talab al-Hisbah, Baghdad, 1968.
6. Jamaluddin Yusuf bin Abdul Hadi (Ibn al-Mubarrad al-Dimashqi, m. 909H), al-Hisbah, Beirut, 1937.
Others modern book about hisbah:
1. Ibrahim Dasuqi al-Shadi, Hisbah fi al-Islam, Maktabah Dar al-Urubah, Kaherah, 1962.
2. Ahmad Mustafa al-Maraghi, Hisbah fi al-Islam, Matba‘ah Isa al-Halabi, Kaherah.
3. Abdul Razaq Hassan, al-Hisbah, Baghdad, 1946.
4. Muhammad al-Mubarak, al-Dawlah wa Nizam al-Hisbah Inda Ibn Taimiyyah, Dar al-Fikr, Beirut, 1967.
5. Nicola A. Zeidah, al-Hisbah wa al-Muhtasib, Percetakan Katholik, Beirut, 1962.
6. Rashad Abbas Ma‘tuq, Nizam al-Hisbah fi Iraq, Matba‘ah al-Tahamah, Jeddah, 1982.
7. Saham Abu Zaid, al-Hisbah fi Misr al-Islamiah, Hai’ah al-Misriyah al-Ammah li Kaherah, 1986.
8. Sayyid al-Baz al-‘Araini, Hisbah fi Byzantin.
9. Abdullah Muhammad Abdullah, Wilayah al-Hisbah, Maktabah al-Zahra’, Kaherah, 1996.
10. Ali Abdul Qadir, al-Fiqh al-Islami wa al-Qada wa al-Hisbah, Dar al-Ma‘arif, Tunis, 1994.
11. Saad Abdullah ‘Arifi, al-Hisbah wa Niyabah al-‘Ammah, Dar Rashad, Riyadh, 1986.
12. ‘Awad Muhammad ‘Awad, Tabi‘ah al-Hisbah wa Shurut al-Muhtasib, Maahad al-Alami al-Fikr al-Islami, Kaherah, 1990.
13. Subhi Abdul Mun‘im Muhammad, Hisbah Fi al-Islam, Dar Riyad al-Salihin, 1993.
14. Dirasat fi Hisbah wa Muhtasib Inda Arab, Baghdad, 1988
Ed.alfirdaus
18 sep 08
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