The Hisba is when a a Muslim individual volunteers to interfere in the lives of others once they commit a crime against God or against the people. The rights of God include doctrines and beliefs such as believing in God, His angels, His books, His prophets, as well as praying on time and giving alms, going on pilgrimage, fasting, repenting, and reading the Koran. The rights of people are protecting their money, lives and honor and the right to ownership.

What happens then when a person violates one of God's rights? Everyone tends to more or less agree as to the punishments for murder, burglary, theft, defamation and adultery (although the latter is controversial). But the real controversy arises when one of God's rights is violated through heresy, apostasy, ignoring prayers and abstaining from giving alms. Should the ruler punish this person? Should others interfere in this person's personal life and force him/her to adopt a certain faith under penalty of death? Should anyone force this person to pray or go to pilgrimage? In other words, is the hisba applicable here? And if the hisba is legitimate, and means interfering in someone's life, what are the limits of that intervention? Is it merely offering advice or should it include employing force through both moral and physical punishments? It is here that we find the vast difference between the Qur'an's shari'a which the Prophet exercised, and the shari'a applied by the clergy since the Abbasside era.

This difference lies in the political system itself. The Prophet's state was founded on shura, freedom and justice, while the Ummayyds and the Abbasside states were founded on power, violence, injustice and the banning of rights. The Umayades were not bothered with acquiring a sanctioned fatwas to justify their actions, even while murdering Al Hussein and his followers, or while violating the Kaaba during the reign of Yazeed bin Moaweya.

The Abassides built their state under the slogan of gaining approval from the family of Mohammed, claiming to be his relatives and descendants. They clearly needed a legitimate and justifiable reason that would entitle them to murder their enemies on demand.
This is why they created new religious posts that would reinforce their powers, the most notable of which was creating the post of al hisba, or the mohtaseb. Al Hisba was therefore a new term not mentioned in the Koran, nor in any of the approved hadiths except to mean a 'volunteer'. The clergy of the Abbasside era found in the issue of Al Amr bel Maaroof wal Nahy an el Monkar a supportive basis for their hisba, making it an official religious post that would operate politically in favor, and at the service of, the State. This was approved despite the fact that the hisba itself is a volunteer work that by definition contradicts official employment and paid work.

It has been historically established that the hisba was unknown during the times of the Prophet as well as during the times of the great Caliphs, although the latter killed their enemies of the Khawareg, Shi'a and Mawali on the grounds of mere suspicions. The Al Haggag, the Ummayade ruler over Iraq, killed his opponents just for doubting their loyalty, without need for legal justification nor courts. This system continued until the Abassides destroyed the Umayades with the help of the Persians.

In the wake of the rise of the Abasside State with the help of Persian leader Abi Muslim al Kharsani, immediate suspicions began to surface between him and Abi Gaafar Al Mansour, the Abbasside Caliph. The latter felt insecure about his own power in the presence of Abi Muslim until he finally murdered him with his own hands in the year 137 higri.

Despite the precautions he took, he could not prevent the Persian rebellions in Kharsan and the Eastern provinces under the leadership of Fatma bint Abi Muslim, daughter of the slain leader. At the same time Abi Muslim's followers within the Abbasside state and in Baghdad began conspiring against the Abbasid state.

In the wake of the rise of the Abasside State with the help of Persian leader Abi Muslim al Kharsani, immediate suspicions began to surface between him and Abi Gaafar Al Mansour, the Abbasside Caliph. The latter felt insecure about his own power in the presence of Abi Muslim until he finally murdered him with his own hands in the year 137 higri. Despite the precautions he took, he could not prevent the Persian rebellions in Kharsan and the Eastern provinces under the leadership of Fatma bint Abi Muslim, daughter of the slain leader. At the same time Abi Muslim's followers within the Abbasside state and in Baghdad began conspiring against the Caliph in order to assassinate him. The Caliph knew that among the administrators and military of his state there were many of Abi Muslim's followers. Those of them who announced their loyalty to the Caliph were still treated with suspicion. Being a military Caliph who founded his Caliphate on religious grounds, needing to protect his state and defeat his enemies, he sought a religious legislation that would accomplish two objectives:

First: getting rid of his enemies and the conspirators against him within the State.

Second: portraying him as a defender of the faith who kills apostates, heretics, and all enemies of religion.

In this political environment, the redda(apostasy) punishment was created and the hisba position made.
The Abbasside state sent its forces to fight the Persian rebels under the leadership of Fatma, while concurrently steering its ulemas inside Baghdad to kill opponents under the guise of apostasy. Since there is no punishment for apostates in Islam, the State's clergy invented two hadtihs stipulating for the punishment of apostates, and the state immediately began inflicting such punishments.

The war between the two factions continued, and the Abbasside state sent its army to fight the Persians in the East. Fatma and her followers announced that they were adopting their old faith which is the Mazdakeya. They therefore fought the Abbasside state under that umbrella. Within the State itself, the Abbassides continued to pursue Fatma's aids and supporters, who were murdered for being heretics and apostates. Among those murdered were the poet Bishar bin Bard and poet Ibn Abdel Koddoos.

The Caliph Abu Gaafar adviced his son and follower Al Mahdi to pursue and murder apostates, and this son in turn adviced his own son Al Hadi with the same. The Abbasside era therefore was clearly founded on pursuing and murdering their opponents and enemies under the guise of apostasy.
It should be noted that many other 'apostates' were left completely unharmed since they did not criticize the State. Among them were poet Abi Al Ataheya, Ibn Saba and many others, some of whom were even close to the Caliph himself. Historians therefore agree that the term al mohtaseb appeared for the first time during the reign of Al Mahdi (158-169 higri; 774-785) and the first mohtaseb was called Abdel Gayar, otherwise known as Friend of the Apostates, whose duty was to seek apostates and murder them. This was in 163 higri.

This therefore was the scene that created the job of hisba and it is no wonder that it is mostly contradictory with many of the Qura'n's shari'a. Since the Abbasside era witnessed the beginning of scribing Islamic thought including the fikh , the hadith s and the interpretations, we have therefore inherited this deception and lived with it as though it were Islam itself, although God has given us the Qur'an and said that He would protect it so that we would always get back to it as a basis for our belief.

Asking People to Repent and Postponing Judgement till Resurrection Day:

Is it acceptable that a human being demand that another person or group of people repent under threat of punishment, otherwise known in Arabic as estetaba? The term 'repent' and its derivatives are mentioned in the Qur'an 87 times, and not one time is the word estetaba (asking someone to repent mentioned. Repentance is a special relationship between human beings and God, and no human being not even the Prophet himself, may come between man/woman and God in matters of repentance. Whoever makes himself or herself a go-between, and asks people to repent in the name of God, this person has clearly misunderstood Islam. We ask this person to provide us with the proxy he/she has from God to receive repentance in His name, or to ask others to repent in His name. In the Qur'an there are enough details concerning repentance. We here provide some of those verses:

1- In matters of faith and the secrets of the hearts which no one knows but God, repentance is to God alone. God commanded the Prophet to announce that: ¢Say: He is my Lord; there is no God save Him. In Him do I put my trust and unto Him is my recourse" (The Thunder, 30). This means that to Him alone do we repent, trust and believe. This is what the Prophet says, and what every believer should say as he/she repents and turns to God alone.

2- Because the Prophet is a human being who does not know the secrets of the hearts, and because God alone knows what is hidden from the eyes and hidden in the chests, repentance is directed to God alone. He says: ¢But whoso repenteth after his wrongdoing and amendeth, lo! Allah will relent toward him. Lo! Allah is Forgiving, Merciful¢ (The Table Spread). Who could know the truthfulness of such repentance but He who knows the unknown?

3- Because repentance concerns God alone, one of His characteristics is that he is a 'forgiver'. This is repeated 11 times. Because repentance is only to God and no one may join Him in accepting it, it is closely related to His will. God says: ¢Allah relenteth toward whom He will¢ (Repentance 15). Also ¢That Allah may reward the true men for their truth, and punish the hypocrites if He will, or relent toward them (if He will)" (The Clans, 24). No human being is therefore allowed to interfere in God's will and make someone repent or punish someone for not repenting.

4- All people are equal in demanding repentance in front of God the Merciful. Each asks it of God, whether they be ordinary people or Prophets, even hypocrites and wrongdoers. God says about Abraham and Ismail that they lift the foundation of the Holy House and pray to God saying: ¢Our Lord! And make us submissive unto Thee and of our seed a nation submissive unto Thee, and show us our ways of worship, and relent toward us. Lo! Thou, only Thou, art the Relenting, the Merciful (The Cow, 128).

God says about the Prophet Mohammed concerning the emigrants and the Ansar during the battle of Zat al Asra: Allah hath turned in mercy to the Prophet, and to the Muhajirin and the Ansar who followed him in the hour of hardship. After the hearts of a party of them had almost swerved aside, then turned He unto them in mercy. Lo! He is Full of Pity, Merciful for them¢ (Repentance, 117). Mercifulness then and accepting repentance is for God alone, for he alone knows people's hearts and knows the truthfulness of their repentance. Asking others to repent therefore is a divine duty, so how are we giving ourselves the right to something divine?

Postponing Condemnation till Judgement Day:

Qur'anic jurisprudence does not give human beings the right to judge others concerning their belief. It clearly stipulates for postponement of condemnation till judgement day. God willed to create people who have different opinions, beliefs and trends, except for those who abide by the Book. He says: ¢and if thy Lord had willed, He verily would have made mankind one nation, yet they cease not differing¢ (Hud, 118). The history of humankind is a series of non-stop differences between religions, within each religion and within every sect.

Concerning the relationship between the Prophet and those who fight against him, God said: ¢Lo! Thou wilt die, and lo! they will die; Then lo! on the Day of Resurrection, before your Lord ye will dispute¢ (The Troops, 30-31). This means that the Prophet himself will dispute with his enemies in front of God. That is why God commanded him to tell them: ¢Lo! Allah will decide between them on the Day of Resurrection¢ (The Pilgrimage, 17). all religious conflicts have therefore been postponed till the Day of Resurrection. God said about all people: ¢Each soul earneth only its own account, nor doth any laden bear another's load. Then unto your Lord is your return and He will tell you that wherein ye differed¢ (Cattle, 164).

Concerning judgement among people on judgement day, God commanded the Prophet to announce this truth: ¢Say: O Allah! Creator of the heavens and the earth! Knower of the Invisible and the visible! Thou wilt judge between Thy slaves concerning that wherein they used to differ¢ (the Troops, 46).
These many verses are enough to show that religious differences among people are only left for God on the Day of Resurrection, and this applies to the Prophets no less.

After all this, is a Muslim who loves his religion, allowed to give himself/herself the right to take on a divine characteristic? Matters of faith are God's concern alone on the Day of Resurrection. But there are rights of people in their lives, property and honor when committed have their penalties awaiting him/her in this world. This is God's jurisprudence in controlling society. This is the field where the human judiciary may enter to protect people and society while abiding by divine jurisprudence.

When will Muslims start studying the Quran rather than mere singing it?

Peace

How You de brother? . GOOD to see you again. Will duly go through your posts before living comments on it. Just headsup I don't know activities of hisba. I'm not familiar with it except learning about it here on NL some 3yrs ago.

So I dey come In SHA Allah

usermane:
When will Muslims start studying the Quran rather than mere singing it?

Peace

Okay, thanks for the writeup. But I am yet to see specific issue you might be concerned about with respect to "Hisba". Could you please expanciate what you have experienced so far with respect to hisba practices in Nigeria (North)?.

I actually thought you were referring to specific situation in the north but it turned out that you are basically ranting. Let me clear something. Just be because something did not exist in the time of prophet(SAW) or his sahaba doesn't mean it is invalid. New situations do bring about new necessities. I will mute for now until you illustrate a specific case you are familiar with.

And to be honest with you, i am not interested in most things you said regarding sahaba, Abased, Muawiya and all that. We already know they are not perfect base on hadith of the prophet(SAW) which states that rulings judgements, govts after the prophet and sahaba would be tainted. So there is no need to stall on that. Can you illustrate a specific case of hisba activity that you aware of?.

Thanks

Empiree:
Okay, thanks for the writeup. But I am yet to see specific issue you might be concerned about with respect to "Hisba". Could you please expanciate what you have experienced so far with respect to hisba practices in Nigeria (North)?.

The issue with the Hisba is that it interferes with personal choice in terms of rights of God. Taking the northern Nigeria for example, the Hisba once arrested 9 non-Muslims on ground of blasphemy late 2015. Not only in Nigeria, all forms of religious police occur in Shariah compliant Muslim communities with diffferent name. In Saudi Arabia, they are called the Muttawa. I need not to mention their crimes. In Sudan and Egypt they once arrested Muslims for denying Hadith

I actually thought you were referring to specific situation in the north but it turned out that you are basically ranting. Let me clear something. Just be because something did not exist in the time of prophet(SAW) or his sahaba doesn't mean it is invalid. New situations do bring about new necessities. I will mute for now until you illustrate a specific case you are familiar with.

I think most people hate reading nowadays. If you read the entire article you'd realize that it analysed the religious police from the Quranic viewpoint. What you refer as "ranting" in the first half of the article captures the origin of Hisba, the dubious intent of those who invented what the Muslim community have adopted to infringe on rights and choices of men. Of course, there is room for innovation in Islam, but these innovations cannot violated Quranic principles, regardless of its purpose

And to be honest with you, i am not interested in most things you said regarding sahaba, Abased, Muawiya and all that. We already know they are not perfect base on hadith of the prophet(SAW) which states that rulings judgements, govts after the prophet and sahaba would be tainted. So there is no need to stall on that. Can you illustrate a specific case of hisba activity that you aware of?.

Of course you are interested. We know according to Hadith that the best generation of Muslims after the Muhammad's generation is the next two generations. These comprises of successors of the sahabas as well as the successors of the successors of the sahabas that lived during the Ummayad and Abbasid Times. Basically their genration is better and more perfect than yours, so you must be interested and learn from them.

usermane:


The issue with the Hisba is that it interferes with personal choice in terms of rights of God. Taking the northern Nigeria for example, the Hisba once arrested 9 non-Muslims on ground of blasphemy late 2015. Not only in Nigeria, all forms of religious police occur in Shariah compliant Muslim communities with diffferent name. In Saudi Arabia, they are called the Muttawa. I need not to mention their crimes. In Sudan and Egypt they once arrested Muslims for denying Hadith

Actually i am interesting in a specific case you are aware of. It is understood sometimes law enforcement do overdo things. But i want to hear a specific case you think was not right. Kindly mention one of God's Rights and how hisba implement and enforce the law. You may use North for instance.

I think most people hate reading nowadays. If you read the entire article you'd realize that it analysed the religious police from the Quranic viewpoint. What you refer as "ranting" in the first half of the article captures the origin of Hisba, the dubious intent of those who invented what the Muslim community have adopted to infringe on rights and choices of men. Of course, there is room for innovation in Islam, but these innovations cannot violated Quranic principles, regardless of its purpose

Underlined, yes. but can you cite example of God's right and use the North or other country as a case study?.

Of course you are interested. We know according to Hadith that the best generation of Muslims after the Muhammad's generation is the next two generations. These comprises of successors of the sahabas as well as the successors of the successors of the sahabas that lived during the Ummayad and Abbasid Times. Basically their genration is better and more perfect than yours, so you must be interested and learn from them.

This really sums up why you cant blame "hisba" 100%. Even in the times of Sahaba and tabin (RA) they also invented new things based on new conditions in their times. Again, i want to hear a specific case of God' right which hisba infringes on people's right at least in our time. Forget about "those days" for now.

Also i want to hear about non-Muslims arrested for blasphemy. Can you tell what happened?. But you have to be nuetra though.