Hisbah: Islamic Market Regulation

Definition

Hisbah (حسبة) in its applied sense refers to the Islamic institution of market supervision and public morality enforcement. The muhtasib (market inspector) was responsible for ensuring fair trade, preventing fraud, maintaining public standards, and implementing the Quranic principle of 'commanding good and forbidding evil' (amr bil-ma'ruf wa nahy anil-munkar) in the marketplace and public spaces.

Historical Development

The institution traces back to the Prophet Muhammad himself, who inspected the market of Madinah. He once passed by a pile of grain, put his hand into it, and found moisture hidden underneath. He said: 'Whoever cheats us is not one of us' (Sahih Muslim 102). Umar ibn al-Khattab appointed al-Shifa bint Abdullah as the market inspector of Madinah, notable as an early example of a woman holding a public administrative role.

Duties of the Muhtasib

The muhtasib's responsibilities included: ensuring accurate weights and measures, preventing price manipulation and hoarding, inspecting food quality and hygiene, regulating building standards, maintaining road cleanliness, supervising public health, and adjudicating minor commercial disputes. The muhtasib had the authority to punish violators on the spot for clear-cut offenses.

Legacy

The hisbah system influenced medieval European market regulation. The position of the 'market inspector' in medieval Italian and Spanish cities was directly modeled on the muhtasib. Many modern consumer protection and food safety regulations have parallels in classical hisbah manuals, such as the works of Ibn al-Ukhuwwah and al-Shayzari.