Hisbah (Enjoining Good and Forbidding Evil) (2/4)

Hisbah has four components: Al-Muhtasib (the person who practices Hisbah), Al-Muhtasabu 'alayhi (the person to whom Hisbah is directed), Al-Muhtasabu Feehi (the subject of Hisbah) and Ihtisab (the actual act of enjoining good and forbidding evil).

1. Al-Muhtasib:  This  refers to the person  who enjoins good and forbids evil, whether he is permitted to do so by the Imam in charge of Muslims' affairs or not.

The Muhtasib must meet three conditions: he must be (a) Muslim, (b) mukallaf

and (c) qadir.

The first condition excludes the disbeliever. By mukallaf is meant mature and sane, thus excluding the insane and the young. Exceptionally, young boys are allowed to practice it but are not obliged to so. By qadir is meant the ability to practice Hisbah. Ability to observe Hisbah is a required condition as those who are unable to practice it are not obliged to discharge it except in their hearts. Ibn Rajab said, "To disapprove of evil with the heart is an act which must be done, for the failure of a believer's heart to condemn evil indicates that faith no longer resides in it. As for expressing disapproval with the tongue and the hand, this is only obligatory within one's capacity.” Practicing Hisbah does not become an obligation for the able due to fear of unbearable harm as a result of enjoining good and forbidding evil. If, however, one knows that one will be able to withstand and endure this harm, then one is obliged to discharge the duty of Hisbah. The Prophet   said in this respect, "The best of all martyrs is Hamzah, and a man who stood up in the face of an oppressive ruler to enjoin and forbid him and was killed by him."[1]

On the other hand, the obligation to practice Hisbah does not cease to be effective because of the fear of endurable adversity and minor harm, such as verbal abuse and revilement. In this case the Muhtasib must prepare himself to face such reactions, as Luqman said to his son while exhorting him (which means),

"O my dear son! Observe Salah and enjoin good and forbid evil, and endure patiently whatever befalls you.  Surely, this is of those matters [which require] firm resolve." [Surah Luqman (31), Ayah 17.]

In the case when ability is present and fear of harm is lacking, but it is thought that Hisbah will have no effect, it is most likely that Hisbah remains obligatory. An- Nawawee said, "The duty of the Muhtasib is to enjoin and forbid, not (to attain the people's) acceptance.” He went on to say, "The Ulama said: 'The obligation to enjoin good and forbid evil is not lifted if the person responsible for discharging it thinks that it will be of no effect. It must still be carried out.’”

"And remind (by preaching the Qur'an); for verily, reminding benefits the believers." [Surah Az-Zariyat (51), Ayah 55.]

Ibn Al-Qayyim said of those in authority, "They are more obliged than anyone else, for obligation is conditional upon ability; and it is binding on the able what is not on the unable." Allah (Glorified and Exalted be He) said (which means), "So keep your duty to Allah and fear Him as much as you can." [Surah At-Taghaabun (64), Ayah 16.]

The Prophet said, "If I instruct you to do something, then do as much of it as you can."[2] All this is admissible as long as there is a Muslim Imam (leader) who entrusts the responsibility of Hisbah to those fit to carry it out. In this day and age, however, our rulers who have apostatized by changing the laws of Shari'ah have no right to delegate the responsibility for Hisbah. Indeed, they should be removed in accordance with the consensus of the Ulama. Al-Juwainee said, "The endeavor of certain groups of people to cleanse society of those who spread corruption in the land in the absence of a Muslim Imam is considered to be one of the most important aspects of enjoining good and forbidding evil."

The moral rules that the Muhtasib must observe are many including sincerity; knowledge of the rules governing the practice of Hisbah[3]; patience and endurance; gentleness; adhesion to the virtues one enjoins and avoidance of the vices one forbids. The latter quality, though not a precondition for the practicing of Hisbah, is a conduit to greater effectiveness and success.

2. Al-Muhtasabu 'alayhi:

This refers to any person who does anything concerning which Hisbah could or should be observed. It is not a condition that such a person be mukallaf (that is, legally capable, sane in mind, compos mentis).

3. Al-Muhtasabu Feehi:

This refers to any evil, known as such by consensus, which is presently committed and evident to the Muhtasib without spying.

The Arabic word munkar, translated here as 'evil', is more general than an act of disobedience[4], and it does not have to be great or small to be called as such. By saying 'by consensus' in the aforementioned definition, we mean to exclude anything that is the subject of reasonable and acceptable disagreement among the Ulama. The false or odd disagreement, however, remains invalid. By 'presently committed' we aim to exclude the warning of and/or punishment of someone for a vice which is no longer being committed, for this is no business of man. This also excludes anticipated vices, where only advice is permissible. Saying 'evident to the Muhtasib without spying' is in keeping with Allah's instructions (which mean): "spy not on each other." [Surah Al-Hujuraat (49), Ayah 12.]

4. Al-Ihtisab:

This is the actual act of enjoining good and forbidding evil.

We have said earlier that disapproving of evil with the heart is a duty for ever Muslim, whether he is physically capable or not, and must never be neglected under any circumstances whatsoever, as this would indicate the disappearance of all traces of Iman from the heart. For the Prophet said, "There is no single trace of faith beyond this (changing evil with one's heart)."[5] It remains to be added here that disapproving of evil with the heart requires that the Muslim should be absent from the scene where the vice is committed, as long as he is physically unable to change the vice in question. It has been said in this regard, "Whoever cannot change evil should avoid the scene of its commission."

The stages of changing evil, when ability is present, are in the following order:

A. Notification: The perpetrator of the vice might not know that what he is doing is a vice. Accordingly he must be gently notified of this vice in a courteous manner. If this has no effect, then the second stage is applicable.

B. Counsel: The person who commits a vice must be reminded of Allah; frightened with His punishment and His painful retribution, and encouraged to seek His reward. Gentleness and tenderness should be observed in both this stage and the one before it. Ash-Shafi'ee said, "He who gives counsel to his brother in confidence has done him good; but he who does so in public has in fact defamed and exposed him."

C. Reprehension and admonition with harsh words, but on condition that only permissible words are used. It is also a condition that only a necessary amount of admonition is employed and that it is not unnecessarily excessive.

D. Changing with the hands, such as breaking a musical instrument or spilling alcoholic drinks. This is only permissible when it is not possible to bring the person committing the vice to do this himself. Furthermore, the damage should be strictly limited only to the object with which the vice in question is being committed.

E. Threatening and warning: the person who commits the vice must not be threatened with anything other than a permissible punishment. This stage should come before the one that follows, namely.

F.  Proceeding to the use of physical violence, such as employing the hand or the foot: It is crucial here to restrict physical violence to that necessary to stop the vice, with no excess. If this leads to the summoning of support and the taking up of arms against each other, then we must move to the next and final stage.

G. Some jurists (fuqahaa) have said that this is permissible for ordinary members of the community. Al-Ghazali deems this to be the most correct opinion. Others, however, have maintained that such actions require specific authorization from the Khaleefah or Muslim ruler.

All Muslim jurists agree that if the changing of evil, by any of the above stages, would result in a greater vice being committed, or the missing of a greater virtue, then the action must not be attempted. Those who attempt to change the vice in these circumstances, knowing what the implications might be, in fact commit a sin by doing so.