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Mohomed, Carimo
2024.
The Palgrave Encyclopedia of Islamic Finance and Economics.
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Article contents
III. The Ḥisba Jurisdiction in the Aḥkām Sultaniyya of Māwardi
Published online by Cambridge University Press: 15 March 2011
Extract
The Ḥisba jurisdiction, which is the subject of the twentieth and concluding chapter of Māwardi's work, is akin to those dealing with the Ḳaḍi and with the Maẓālim tribunal; these have been discussed in the Journal (1910, p. 761, and 1911, p. 635). In the following pages an attempt is made to give, in an abridged form, the substance of the Ḥisba chapter (ed. Enger, Bonn, 1853, pp. 404–31), to be followed by some observations on the working of the rules there laid down, and on their effect in practice.
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References
page 78 note 1 Died 328 a.h., Ibn Khall., transl., i, 374. He filled the office of Muḥtasib at Baghdad.
page 79 note 1 For 
the MS. B.M. Or. 3117 reads 
.
page 80 note 1 Perhaps for 
should be read 
, i.e. 
, “it is too lofty to deal with.”
page 80 note 2 It likewise came to the assistance of the Muḥtasib in cases he was unequal to dealing with; see Aḥkām, p. 140, and JRAS. 1911, p. 641.Google Scholar
page 85 note 1 Mulāzama, the securing a person's attendance before a tribunal, is referred to in the Maẓālim chapter on pp. 142 and 145; see JRAS. 1911, pp. 642, 643.
page 86 note 1 Shafeite, unlike Hanifite, law requires the guardians' sanction to a woman's marriage; this diversity is mentioned in the Ḳaḍi chapter, p. 118, and JRAS. 1910, p. 76Google Scholar
page 89 note 1 The story is told (Aghāni, , xviii, 4Google Scholar) of Ibn ‘Ā'isha's father, Ḳaḍi of Baṣra.
page 91 note 1 i.e. the Ḥanifite; see Ibn Khall., transl., i, 200, and note 10.
page 92 note 1 The MS. B.M. Or. 3117 has in the text, p. 422, 1. 1, 
, and in 1. 3 
.
page 92 note 2 See Aghani, , xiv, 145Google Scholar, and Ibn Khall., transl., iv, 255.
page 92 note 3 For 
in the text read 
. The story is referred to in the Iḥyā al-'Ulūm, ed. Cairo, 1302, ii, 281.
page 93 note 1 For 
, p. 423, 1. 6, read 
, as in B.M. Or. 3117.
page 93 note 2 The authority was the Prophet's cousin, Ibn 'Abbās, but his view was never admitted, and he is said to have retracted it; see Lisān, i, 162, 1.7.
page 93 note 3 For 
(p. 423, 1. 3 a.f.) the MS. B.M. Or. 3117 has 
.
page 98 note 1 Appointed 325 a. h. (Tajārib al-Umam, Gibb Facsimile, v, 552; on Ibn Buṭuḥā, ib., 340, and 'Arīb, 157).
page 99 note 1 The text, p. 430, 1. 3, should run, as in B.M. Or. 3117: 
.
page 100 note 1 For 
, p. 431, 1. 7, the MS. B.M. Or. 3117 has 
.
page 101 note 1 For 
, p. 431, 1. 12, read 
.
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