Constitution of the Caliphate State / Judiciary
- Category: Judiciary §75-95
Article 84: The Muhtasib is the judge who investigates all cases, in the absence of an individual litigation, involving the rights of the public that do not involve the Hudud (proscribed punishments) and criminal acts.
This article is the definition for the judge of the Hisbah, and it is taken from the narration regarding the heap of the food, since the Messenger found dampness in the heap of the food and ordered that it should be placed on top of the food so that the people could see it. Accordingly, these were the general rights of the people that the Messenger was looking into and judged upon by ordering the moist food to be placed on the top of the heap in order to remove any cheating. This encompasses all of the rights which are of this type, and does not encompass the Hudud and criminal acts, since they are not of this nature, and because the origin here is the disputed issues between people.