An introduction to the public and private debate in Islam - Part I: public/private: the distinction

Social Research, Fall, 2003 by Mohsen Kadivar

7. Inspection Authority (Da'ira Hisbah)

The inspection authority is among the institutions of Islamic government that actively enforces the principle of "commending good and forbidding evil" in society (Ibn Khaldoon, 1398: 158). In more exact terms, a compliance inspector is appointed by the Islamic ruler to ensure that the public sphere is orderly, according to the Islamic standards, and to prevent any violation of "rights" and perpetrations of "wrongdoing." In the event that the interest of society warrants it, he can enforce acts and deeds that are recommended or permitted, and circumvent certain repugnant deeds in the public sphere (Ibn ol-Ekhvah, 1937: 22). In effect, the inspection organ institutionalizes the principle of "commending good and prohibiting evil" by the Islamic regime in a concentrated and concerted effort, to take the place of volunteers acting in an unplanned and inconsistent fashion.

The inspection authority encompasses the entire public sphere, and the compliance inspector has very broad authorities--as broad as those of the Islamic ruler (comprising the entire realm of Sharia). Its jurisdiction includes transactions in the field of trade and commerce, and even extends to the realm of religious rituals. The compliance inspector recognizes not only individuals' rights toward one another and those between the people and the divine, but is also required to assure the observance of religious duties in the public domain. The compliance inspector can remind Muslims of prayer and obligate them to righteousness should they ever become lax or negligent. The inspector can stop a Muslim who is publicly breaking fast and can detain people who fail to maintain the Islamic standards of covering. Similarly, if a merchant in the marketplace is withholding goods from customers or propping up prices, the inspector could intervene and require fair treatment of the public. Should someone present the teachings of religion in a manner that was inconsistent with accepted norms, the inspector would be authorized to intervene and prevent the presentation or publication of such material (Ibn ol-Ekhvah, 1937: 9). The compliance inspector does not permit any repugnance to persist in the public sphere, and sees that every commandment is followed and fulfilled. The task of the compliance inspector is to assure compliance with religious values and standards at every corner of the public sphere.

The inspector and other executors of the compliance circuit, with permission from a jurist, are permitted in few cases to dole out swift and immediate punishment of offenders. This is called ta'zir and is a subset of religious ta'zirs (ta'zirat). In other words, the inspector can attempt to cleanse the public sphere by resorting to the following levers: enforcing commanded actions, and certain recommended and permitted ones; forbidding prohibited activity; and again, should public interest so require, to inflict punishment (ta'zir) on offenders and violators. The punishment inflicted by the inspector can only be less severe than the maximum prescribed religious sentence (had), and includes such measures as the exaction of cash penalties, short-term detention, and physical punishment (such as flogging) (Mavardi, 1393: 251). It is clear that the inspector does not have the right to enter or interfere with private sphere. The inspector is also not permitted to investigate, so long as the matter has nothing to do with public domain.