HISBAH AS A REGULATION INSTITUTION

This study aims to examine the birth and historical development of regulation institutions that have become widespread today. It aims to reveal its similarities with today’s regulation institutions, especially by examining the hisbah institution as a regulation institution. Today, there are debates about the independence of regulation institutions and the level of wages of employees. In this respect, the independence of the hisbah organization and the salaries of the muhtasibs were taken into account. It has been examined how states have found solutions to these and similar controversial issues related to regulation institutions in the historical process. Particular attention was paid to the hisbah organization in the Ottoman Empire and Andalusia. The development and functioning of the hisbah organization in these two states were examined, and the duties of the muhtasibs were classified. As a result of these examinations, it is aimed to offer solutions to current problems.

  Key questions about this study are: What is the legal characteristic of regulation institutions? What are the features of the Hisbah organization? What are the authorities of the muhtasib? What are the authorities of regulation institutions? What are the similarities between the Hisbah organization and the regulation institutions? What are the differences between the Hisbah organization and the regulation institutions? When does the history of regulation institutions begin? Can hisbah organization be accepted as the first regulation institution?

Can muhtesib work independently? What are the functions of the hisbah organization? What are the similarities and differences between the hisbah organization and the functions of the regulation institutions? What conditions should be sought in persons to be appointed to regulation institutions? What conditions are sought in the appointment of Muhtesib?

  In terms of our study, modern law and Islamic law sources were used. Articles, monographs and administrative law books written in this field have been used in order to define the regulation institutions within the scope of modern law, to explain their qualifications and authorities. As for the Hisbah organization, first of all, Islamic law sources for regulation were examined. In this respect, the works of fiqh were used. In this context, the works on the state administration examining the regulation authority of the state and the works on the criminal law examining the punishment authority are discussed. Then, the classical period works, which dealt with the hisbah organization independently, were examined. Finally, today’s Islamic law works have been used for the views of today’s Islamic jurists on the regulation process, the regulation institutions and their explanations on the hisba organization.

  In this study, first of all, the regulation institution was defined, its features and authorities were explained. Then, explanations about the Hisbah organization were made. The qualifications of the Hisbah organization and the authorities of the muhtasib are explained. While making these explanations, a comparison was made with the qualifications and authorities of the regulation institution in terms of modern law. Therefore, in this study, the regulation institution and the hisbah organization were examined in a comparative way. With this review, solution methods for the problems that regulation institutions face today were produced.

  Considering the authorities of the regulation institutions, the hisbah organization is one of the first examples of these institutions. From this point of view, the development of the hisbah organization in the Ottoman Empire and Andalusia during the historical process has been taken into account. In this process, the hisbah organization emerged as a much broader authorized organization in the beginning. Especially, in addition to authorities of regulation institutions, muhtasibs have also fulfilled the duties of the fuzz and police in the historical process. In terms of the judicial function, they carried out activities in a much more comprehensive area compared to today’s regulation institutions. However in progress of time this institution, functioned in a similar context to modern regulation institutions areas of activity. A separate group of organizations for the fuzz and the police. As a result of the separation of these authorities, the hisbah organization has become a regulation institution in the modern sense. Therefore the history of the regulation institutions should start from the hisbah organization. Many of the problems faced by the regulation institutions today have been solved in the historical development of the hisbah organization. For the solution of these problems and the development of regulation institutions, knowing the organization of hisbah is great importance today.