Concept of Hisbah and Its Principles in Islamic Administration

Verification or Hisbah in its arabic term is an islamic doctrine of keeping everything it order within the laws of Allah. It is based on the concept of Shariah, Enjoin good values and forbid bad values(Amal ma'ruf nahi mungkar). The concept of hisbah is to review and evaluate actions and achievement in carrying out the duties and responsibilities of Administration. Thus, overcoming and improving earlier weaknesses.

There are 7 principles of Hibah. The first one being to control, check and update administration system in order to upgrade the level of efficiency and effectiveness of Administration. In Hisbah, performance and management in administration are evaluate so that any weaknesses or errors can be corrected. Another priciples of Hisbah is success of administration is measure so that implementations of plans meet the target and fulfill the intended aims. Problems and difficulties that causes failures or problems are required to be detected and identified in order to plan appropriate actions and create solutions. Identifying personal errors is critical to the administration as corrections can be made and to ensure the same problems are not repeated. In Hisbah, publics also plays an important roles for the government-views,ideas and comments from the public are look into on a certain policy or plan introduced by the government. Lastly, development needs to be review and any changes are followed to determine success of implementing a policy or plan.

As a muslim we are obliged to follow the concept and principles of Hisbah. Not only Hisbah is an islamic doctrine but it also help the community by keeping everything in its order.

Concept of Shura and Its Principles in Islamic Administration

Shura is an arabic term for 'consultation'. It is a leadership based on discussion, consultation and advice by the member of shura in order to carry out administrative task; practicing the spirit of discussion in making decisions. It is basically has the same concept as a meeting. It is said that Shura is the basis for the so called 'meeting' of today's world.

Some of the principles of Shura are putting the Quran and Sunnah as the basis and source of reference for in any decision making. This is especially true because an Islamic Government usually used the Quran and Sunnah to guide and help them in making decision. In Shura, the administration and management are based on discussion and consultation which will determine the decision and ation. Furthermore decisions in administration are made based on the agreements in member of shura. Co-operation, understanding and unity of thought in handling and solving any issue or problem is encouraged. Another principles of Shura is a member of shura must use wisdom and politeness when giving out views or suggestions during Shura. It is also important that all the decisions and actions taken by the members of Shura always prioritize the interest of the public. Lastly, Views and advice of others given by others are to be respect and appreciate at all times.

As we can see, Islam has long since applied the system of meeting and taught its members to always respects, and appreciate and give full co-operation to each others view.

Philosophy, Concept, and Principle of politics in Islam

The concept of government and administration in Islam consist of great philosophy, concept, and principle of politics.
One of the philosophy of politics in Islam are authority and governance is possessed by Allah s.w.t. and that sees that Allah may give it to anybody he wishes and take it away as He wishes to do so,Whether the authority are in the hands of good or bad leaders. This philosophy also sees positions as a 'decorations' of life given by Allah s.w.t to test the obedience of His servants. Lastly, the philosophy strongly believes that position and authority can bring dignity to the leaders and degrade them at the same time if the leaders are a bad one.
There are three concept of politics in Islam, the first one being leaders(ulil-amr) are god's caliph on earth who hold the responsibility from Allah s.w.t to lead the people, administer and manage the resources given to them. In Islamic politics, leadership is related to the concept of imamah, where the features of an Imam leading the congreational prayers is look at. As mentioned in earlier point of the concept, authority is a responsibility bestowed to man by Allah s.w.t and has to be utilised and implemented correctly and according to the Shariah law.
There are four principles of Islamic politics, these are to uphold justice(al-adalah) and abolish oppresion(al-zulm), to enjoin good and to forbid evil(amal ma'ruf nahi mungkar), to bring prosperity and attain approval(redha) and forgiveness from Allah s.w.t, and lastly to stregthen co-operation, understanding and unity among the society and avoid misunderstanding and disunity.
The philosophy, concept, and principle of islamic politic are all created with the intention of sovereignity towards the Almighty Allah s.w.t and not towards man's desire.

Sources Of Shariah

As stated before, Shariah lays down the guidelines for individuals and society, covering all aspects of human life. There are two types of sources of Shariah. The first called the primary sources which are taken from the Quran and Sunnah.

The Quran is a revelation from the Almighty Allah to Prophet Muhammad and his ummah through Jibrail. Recitation of the Quran is considered as a form of worship(ibadah).

While the Quran is the revelation of the Almighty Allah S.W.T Himself, the Sunnah are words, actions and approvals of the Prophet Muhammad S.A.W.
The Sunnah complements the Quran in 3 ways, these are it repeats what is mentioned in the Quran, it explain in more detail what is not mention specifically in the Quran, and it mentions what is not mentioned explicitly by the Quran but is in accordance to its principles.

Various types of Islamic law(Ijtihad) such as Al-Ijma', Al-Qias, Al-Istihsah, Masalih al-mursalah, Sad Al-Dzarai', and Al-'Uruf falls under the secondary sources of Shariah. Al-Ijma is a concensus of scholars(ulama') at a certain times after the demise of the Prophet Muhammad S.A.W. Al-Ijma' is also considered as the third fundamental source of Shariah. There are two kinds of Ijma' these are sarikh-where all the scholars agreed upon a matter and Sukuti- where only half of the concensus agreed upon the matter. Analogical reasoning or in its Arabic term, Al-Qiyas, is an anology of a matter that does not have an explanation but have an explanation with another matter because of its similarity in the matter. Al-Istihsan is an arabic term for Juristic preference. Muslim scholars(ulama') may takes a stronger or preferred jurisdiction or explanation on matters that can be related to more than one explanation. Masalih Al-Mursalah are matters of the public interest that are not directly mention by the Quran and Sunnah and it does not contradict with the teachings of Islam. Other sources of Shariah include Sad Al-Dzarai' which is a prevention of ways that lead to evil and the last one is Al-Uruf which is local custom of a society that are pratice and does not contradict with Islamic teachings.

The 4 major Mazhab considered The Quran, Sunnah, Al-Ijma', and Al-Qiyas as a major sources of shariah. Other sources of Shariah are accepted by some and rejected by others.

Understanding Fiqh

Fiqh is an islamic jurisprudence. It is an expansion of the Shariah, as such, it is based on the primary sources of Shariah which is the Quran and Sunnah. While Shariah is permanent(cannot be changed by man), and serving as principles and policies for the Islamic jurisprudence. Fiqh develops based on the ulama''s interpretations, because it complements Shariah with evolving rulings, difference in time and situation may cause the Fiqh to change.

Both the Shariah and Fiqh cover two things. These are the rights of Allah over man - worship(ibadah) and the rights of man among themselves - marriage(munakahat), politic(siasah), business(muamalat), crimes(jinayat), inheritance(wasiat) and many more.
There are 4 major mazhabs(school of thought)in Fiqh. These are Hanafi, Maliki, Shafie, and Hanbali, it is founded by Imam Abu Hanifah Nu'man bin Sabit, Imam Malik bin Anas, Imam Muhammad bin Idris As-Shafie, and Imam Ahmad bin Hanbal respectively. Different mazhabs emerged because different views in understanding the meaning of Quran and Sunnah, different companion(Sahabah) with the Prophet Muhammad S.A.W at different times, the sunnah was not compiled in text forms at the time, and difference in places created different needs for the people. All these mazhabs differs only in specific matters and hadith and not in the belief/principles of Islam.
Here we can see that Islam, too, deals with observance of rituals, morals and social legislation and act accordingly to new issues arise and situation in order to offer appropriate Islamic response and solution.

Understanding Shariah in Islam

The term Shariah is often heard by Muslims whole over the world, yet not many actually understand what Shariah actually is. Shariah is a the very heart of Islamic law. It is the basis for Fiqh and other various Ijtihad(Islamic laws).
Shariah lays down the guidelines for the individual and society, covering all aspects of human life. The objective of Shariah or Maqasid Shariah in its Arabic term is too protect many things including human life, property, lineage, religion, dignity, reasoning, and intellect.
The concept of Shariah is to enjoin good values(ma'ruf) and forbid bad values(mungkar). Ma'ruf are values that are accepted by man as good and is accordance to man's nature(fitrah) while bad values(mungkar) the opposite. While Shariah and the existing law made by man are basically two of the same things as both lay down guidelines for the individual and society.

There are major different between the two, these are:

1. Shariah originates from the Quran and Sunnah and cannot be changed by man while man-made law are created by the highest political body in the area/country and may be change according to the voice of majority.
2. Shariah is not limited by any physical or geographical boundary. This is because it is suitable anywhere in the world. Man-made law is limited to its area or country. For example, certain country or state does not implement capital punishment as it is viewed as inhumane.
3. Shariah does not offer any exception or any form of immunity to its member of society. This is true even for the prophet Muhammad S.A.W. Man-Made law may provide some sort of immunity for high level individual in a certain society.
4. Shariah has and follows the concept of Sin and Rewards which will be counted in the hereafter. There are no such concept in man-made law.
5. Shariah is suitable for all times. It does not matter whether it is 3 or 300 years from now on, Shariah will still be suitable for that period of time. The opposite is applied to man-made law as man may have to change its law depending on its situation at the time. As the time went by it may be abolish altogether.
6. In Shariah sovereignty is only for Allah S.W.T. while in man-made law sovereignty is put under kings, country, leader, and etc.
   

From the article above we can see that Islam constantly promote good values and forbid bad values. While it is true man-made law may provide a ways to safeguard the community it has its limits and drawback while Shariah is suitable for all time, situation, and community.