چکیده:
Over time, with the expansion of jurisprudence in the historical arena from the time of the Prophet (PBUH) and in parallel with the formation of government and the division of jurisprudence into Sunni and Shia jurisprudence, Hisbah acquired a changing concept. Looking at the history of Hisbah and combining the groundwork laid during the time of the Messenger of Allah (PBUH) and the actions of the Commander of the Faithful Ali (AS) during his caliphate, it can be said that Hisbah was not established as a specific institution with a distinct name, but rather as a concept of governance and governmental affairs within the scope of the rights and duties of the ruler and its trustees. This meaning gained more prominence as Hisbah in the periods following the Commander of the Faithful (AS) and during the Umayyad and Abbasid eras. The main issue of the research is the historical background of Hisbah and its difference between the Shia and the Sunnis. The present research, using a descriptive-analytical approach, attempts to compare the institution of Hisbah in Shia and Sunni jurisprudence. The Sunnis generally consider Hisbah to be part of 'enjoining good and forbidding evil' and one of the duties of the government, whereas in Shia jurisprudence, Hisbah and its effectiveness have materialized within the framework of the Infallible Sunnah (AS). Great Shia jurists consider government and its related requirements as definitive examples of Hisbah, while most Sunni scholars refer to it as an institution for enjoining good and forbidding evil, with its trustee known as the Muhtasib.
خلاصه ماشینی:
By looking at the history of Hisbah and combining the groundwork laid during the time of the Messenger of Allah (PBUH) and the actions of the Commander of the Faithful, Ali (AS), during his caliphate, it can be said that Hisbah was not established as a specific institution with a distinct name, but rather was considered as the concept of government and governmental affairs in fields involving the scope of rights and duties of the ruler and its trustees.
Ibn Khaldun writes in the Muqaddimah: "Hisbah is one of the religious duties and one of the instances of enjoining good and forbidding evil, the execution of which has become obligatory upon the person in charge of Muslim affairs; he appoints someone whom he deems qualified and suitable for this position, and thus, the execution of these matters becomes determined for the person in charge of Hisbah...
Conclusion Most Shia jurists consider the formation of government and its related affairs as certain instances of Hisbah, whereas most Sunni scholars consider Hisbah as the institution responsible for commanding good and forbidding evil, and they consider the Muhtasib to be its supervisor.
Most Shia jurists consider government and its related requirements as certain instances of Hisbah, while most Sunni scholars mention Hisbah as the institution responsible for commanding good and forbidding evil and consider the supervisor of this matter to be the Muhtasib.
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