An Examination of the Principles Governing the Actions of the Muhtasib in Light of the Law on Promoting Virtue and Preventing Vice of the Islamic Emirate of Afghanistan

Abstract

The institution of Hisbah and the regulation of social norms constitute one of the fundamental pillars of Islamic public law and political jurisprudence. By delineating the duties and powers of the Muhtasib (enforcement officer) in Article 10, the Law on Promoting Virtue and Preventing Vice establishes a set of principles and codes of conduct aimed at regulating the scope of state power and oversight mechanisms. This study analyzes the governing principles of the Muhtasib’s conduct through an examination of the eleven clauses of Article 10. The findings indicate that the Muhtasib’s actions are grounded in five foundational principles:1. The Principle of Human Dignity and Benevolent Conduct; 2. The Principle of Restricting Oversight to Manifest Acts and the Prohibition of Espionage (Tajassus); 3. The Principle of Balancing Benefits and Harms (Avoiding Greater Harm / ‘Adam al-Ifḍā’ ilā Munkar Akbar); 4. The Principle of the Rule of Justice and Non-Discrimination; and The Principle of Prioritization (Precedence of the More Important over the Important / Taqdīm al-Ahamm ‘alā al-Muhimm). Aligning these principles with the foundations of Islamic jurisprudence demonstrates that the legislator, adopting a preventive and advisory approach, has sought to preclude abuses of power and the infringement of legitimate rights and liberties in the execution of the Muhtasib’s duties.