Hisbah (Enjoining Good and Forbidding Evil) (3/4)

In the case when an individual or a group of people combine both evil and good, in such a way that the two are inseparable (they can either commit them both or leave them both), one must be weighed against the other. If the good is greater, then it must be enjoined even if this good entails an evil of a lesser degree. Forbidding this evil is deemed prohibited, for by forbidding it, a good of a greater degree will be lost. The opposite is also true.

If, however, both the good and the evil are equal, neither enjoining nor forbidding is permissible. Ibn Taymeeyah said, "In some circumstances, enjoining good  is  required;  in  others,  forbidding  evil  is  required;  and  in  others,  neither enjoining good nor forbidding evil is required. This applies when good and evil are concomitant in certain actions. Legally speaking, enjoining good and forbidding evil are absolute injunctions, in such a manner that enjoining good does not cause the loss of some good of a greater degree or the occurrence of a greater evil; and the forbidding of evil does not cause a greater evil to happen or lead to the loss of some good of a greater degree."

It must be remembered here that the criterion for deciding good and evil should be that of Shari'ah and not desires or personal opinions. The rule is that this task must be carried out by a person with a balanced intellect and mild temperament. Opinions expressed out of recklessness and cowardice are not considered.

Hisbah is an important facet of virtue and goodness, for its benefits transcend individuals to affect all fellow Muslims. Many disobedient people are restrained by good counsel and admonition. Many of those who neglect acts of obedience could be prompted to practice them by a word of encouragement or an enticement. Therefore, many major sins could be prevented by the hand or the tongue. Muslims should not neglect such an important obligation such as Hisbah despite the difficulty or harm it may entail.  No-one  should  turn  to  the  mass  of  Muslims,  who  have  virtually abandoned this obligation and take them as an example or an excuse for not discharging this duty,

"Were you to follow the common run of those on earth, they would have led you away from the Way of Allah." [Surah Al-An'am (6), Ayah 116]

Instead we should follow in the footsteps of our meritorious predecessors. We should go forth where they have made advances and hold back where they have exercised restraint. We must shun these people who follow their whims and fancies: those who have put Shari'ah out of action have produced false proofs and invented lies against Allah's religion to support their claims. We must also shun all who have put their own intellect before the Shari'ah, enduring patiently and acting upon Luqman's advice to his son (which means),

"O my dear son! Observe Salah, 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]

A true Muslim should not be deterred by the multitude of vices and sins which pervade societies all around him, for they are like "an evil tree which is uprooted from above the earth and has no stability.” [ Surah Ibrahim (14), Ayah 26] Nor should this profusion of sins push him to despair of the merits and advantages of practicing Hisbah; otherwise, he would commit a sin by neglecting his obligation due to ill-founded excuses. His enjoining of good and forbidding of evil would not only bring about change but would also prevent the wrong values from setting root in people's hearts and minds and also prevent the altering of the facts and right standards. Abandoning Hisbah will sooner or later lead to the changing of society's system of values, in such a way that good would be regarded as evil and evil as good.

Before concluding our discussion of Hisbah, we would like to refute some ill- founded opinions. Some people claim that integrity (`adalah), is a precondition for anyone wanting to practice Hisbah (the Muhtasib).

It is true that integrity is a desirable characteristic of a Muhtasib, but it is far from correct to regard it as a necessary precondition. Al-Qurtubee said, "It is not a condition for someone who forbids evil to be upright, according to the opinion of Ahl-us-Sunnah wal-Jama'ah." For while integrity is a characteristic of only a few people, enjoining good and forbidding evil is an injunction on all Muslims. If someone were to say what Allah (Glorified and Exalted be He) says (which means),

"Do you enjoin right conduct [on the people] and forget [to practice it] yourselves." [Surah Al-Baqarah (2), Ayah 44] and, "Most hateful is it in the sight of Allah that you say what you do not do." [Surah As-Saff (61), Ayah 3]

 Our reply to this is that rebuke is for doing what is forbidden, not for forbidding someone else from doing it. This is further explained by An-Nawawee who said, "[A Muslim] should do two things: enjoin and forbid himself on the one hand, and enjoin and forbid others on the other. If he neglects the one, how could he possibly be allowed to neglect the other?" Abu Hamid al-Ghazali also said, "The fact of the matter is that even the wrong-doer must practise Hisbah."

Some other people claim that the practice of Hisbah is permitted only for those designated and authorized by the Imam (ruler) to discharge it. In fact, this pre- condition is erroneous and unfounded for all the Qur'anic verses and Ahadeeth of the Prophet   that instructs us to discharge this duty are absolute and not restricted by this pre-condition. Our predecessors habitually practiced Hisbah without asking permission from the ruler. They even practised it against the ruler themselves when they did not act according to the teachings of the Shari'ah. The Prophet (Peace be upon him) said, "One of the best forms of Jihad is to speak a word of truth in the face of an unjust ruler." [Reported by Ahmad and Ibn Maajah]

This Hadeeth, therefore, clearly states that individuals are allowed to forbid the rulers from doing evil. No-one with common sense can claim that the ruler's permission is needed in order to forbid him. An-Nawawee said, "The Ulama have said that enjoining good and forbidding evil is not specifically the duty of the ruler. Individual Muslims are also allowed to practise it." Imam ul-Haramain said, "The evidence for this is to be found in the ijmaa' (consensus) of the Muslims. Individuals other than those in authority in the first and second generations of the Muslims used to enjoin good and forbid evil. The majority of Muslims approved their actions and did not rebuke them for preoccupying themselves with discharging this obligation without vested authorization, and Allah knows best."

An-Nawawee also said, "Imam ul-Haramain said, `Individual Muslims are permitted to stand in the face of those who commit major sins.’"

If someone asks, "As Hisbah is a kind of authority, who will delegate it to individual Muslims?" The answer is that the authority of a Muhtasib is derived from Allah's absolute and unconditional command that it must be practiced by everyone. However, it may be said that the Hisbah practiced by a Muhtasib who is delegated and authorized by the ruler is wider and more complete, because this authorized Muhtasib is not only addressed like others by Allah and His Messenger to carry out this duty but also because he has his Hisbah delegated to him by the ruler of the Muslims. This opinion is acceptable, but does not in any way mean that this Muhtasib should prevent others from discharging the obligation of Hisbah. Ibn Taymeeyah said, "Those in authority are more capable and more duty-bound than any others [to discharge this obligation], for ability is the pre-condition for this obligation, and every Muslim is obliged to carry it out within their capabilities. Allah (Glorified and Exalted be He) says (which means): ‘So keep your duty to Allah and fear Him as much as you can.’" [Surah At-Taghaabun (64), Ayah 16]

One of the misconceptions that has been spread by some of those who work for Islam, let alone ordinary Muslims, and which has been regarded as an established fact which should not be objected, is that Hisbah is only permitted for the Islamic authority in its highest form, represented by the Caliphate and the Muslim Jama'ah in its endeavor to establish it in obedience to Allah's command (which means),

"And let there arise from amongst you a body of men who should invite to goodness, and enjoin equity and forbid evil. Such are they who are successful.” [Surah Ale-Imran (3), Ayah 104]

(Continued)