The Rules of Hisbah and the Technique of the Muhtasab in Light of the Book Ma'alim al-Qurbah fi Ahkam al-Hisbah by al-Qurshi, Who Died in 729 AH/1329 AD

Abstract

The research deals with the subject of rules of Hisbah and the technique of the Muhtasab in light of the book Ma'alim al-Qurbah fi Ahkam al-Hisbah by the jurist Dia al-Din Muhammad ibn Muhammad ibn Ahmad ibn Abi Zayd, known as Ibn al-Akhwa al-Quraishi (d. 729 AH/1329 AD). The study focuses on explaining the status of the author and his book, then analyzing the legal conditions for practicing hisbah and the qualities of the Muhtasab as mentioned in his book, and comparing them with what other jurists such as al-Mawardi and al-Juwaini have proposed. The results showed that hisbah in Islamic thought was not merely a function of market supervision, but rather an integrated system for achieving justice, maintaining public morals, and regulating society in accordance with Sharia law. Ibn al-Akhwa specified precise conditions for hisbah, such as the necessity of the emergence of wrongdoing, the agreement of jurists on its prohibition, the absence of excuses, the gradual nature of denunciation, and the existence of the ability to reform. As for the Muhtasab, he outlined scientific, moral, and professional qualities, such as knowledge of Sharia, justice, piety, intelligence, and familiarity with market conditions. The comparison also showed that al-Mawardi focused on the institutional dimension of hisbah, while al-Ghazzali viewed it from a purposive perspective linked to political necessity, and Ibn al-Akhwa addressed it from a practical, field-based perspective. The study concludes that the principles of hisbah can be applied in the modern era through oversight and consumer protection institutions.