Muslim Women in Governance

 There has been much research done over the years that point towards women being better as leaders as

 they are more likely to consider the rights of others and have a deep sense of justice. There is evidence

 that Muslim women had been given recognition for their leadership qualities and given important roles

 such as muhtasibah to ensure proper governance of public offices during the Prophet’s (SAW) time.

Hisba is a religious office to ensure the interest of the public is protected, an application of the Islamic principle of Al-Amr bil- Ma’ruf wa al-Nahiy ‘an al-Munkar(enjoining what is good and forbidding what is evil). The term hisba is not found in the Quran but was popularized by Islamic scholars like Abu Hasan Al-Mawardi, Imam Ghazali and Ibn Taymiyyah. According to Al Mawardi, hisba is enjoining what is right when it is found to be neglected and forbidding what is wrong when it is found to be practiced. Al Ghazali describes hisbah as a ‘comprehensive expression’ for the duty of enjoining the good and forbidding evil and improving the living standards of people. However, based on the treatises available, it showed that it went beyond the religious meaning of the “enjoining what is good and forbidding what is evil” to practical duties of public interest. It dealt with maintenance of cleanliness of roads, animal welfare so the animal is not burdened with a heavy load, health and sanitation, protecting children from abuse, controlling vices like drinking and prostitution. It also dealt with economic affairs, by controlling weights and measures, inspection of goods on sale and ensuring supply of goods. 

Upon the establishment of the state of Madinah, Rasullullah (SAW) had to reshape its institutions. He developed the Constitution of Madina to bring peace to the state by ensuring all parties are protected and given their due rights. He also laid down the norms of behavior based on the Quran, which included such mundane things as table manners to those of importance like standards of diplomacy. 

The first person to have practiced the function of hisbah in the history of Islamic civilization was Rasullullah (SAW). Abu Hurayrah (RA) narrated that Rasullullah (SAW) passed by a pile of dates and put his hand in it until he felt his fingers wet. He asked the owner regarding the wet dates. The owner replied that it became wet due to rain. Rasullullah (SAW) asked him why he did not put them on the top of the pile so people can see them. Rasullulah (SAW) further said “the one who cheats is not of me.” 

It is interesting to note that some books state that Said ibn Said ibn Al-Aas was appointed as the first muhtasib in Madinah and Sayyidina Umar (RA) was appointed in Makkah. While in other books and old treatises it was written that women during the era of the Prophet (SAW) were appointed in this position. Ibn Abdul-Barr narrated that Samra’ binti Nuhayk Al-Asadiyyah used to walk through the markets of Madinah behind Rasulullah (SAW), with a whip which she used on those who defied rules. She was called Qadae Alhisbah, where her duties were not only oversight of market deals but also as a judge between conflicting market players. When Sayyidina Umar RA became the Caliph he maintained her position as a muhtasibah in Makkah.

Another woman of substance who was given the post of market controller was Al Shifa bint Abdullah Al-Adawiyah. Al Shifa was one of the early Muslim women who migrated to Madinah with Rasulullah (SAW). She was from the tribe of Adiy of Quraish. Al Shifa was a very intelligent woman who was respected for her learning and wisdom. In a society of pre-Islamic Arabia which treated women badly, education was a luxury that not all women could aspire to. Rasulullah (SAW) asked her to teach his wife Hafsah bint Umar how to read and write. Her real name was Laylah but she was called Al Shifa because she was skilled in giving medical treatment and she continued giving treatment even after becoming a Muslim. She was married and had a son proving women with families had a career then. She attended the mosque and became a scholar in her own right. As Madinah developed, Sayyidina Umar (RA) appointed her as a market controller. She would go around the market making sure that no cheating or tricks took place and that buyer and seller conformed to Islamic values. She was later appointed as the head of health and safety in Basra. 

The duty of the muhtasib involved protection of humans, animals and the environment. The right of each one of these categories should be protected according to Shariah law, order and norms (urf) and socially accepted practices. He or she is responsible to provide proper facilities for society to perform ibadah. The maintenance of the masjid and the observance of people to the call of azan is also part of the job description of the muhtasib. The management and control of the economy in particular market behaviour is an important duty of the muhtasib.Other functions include maintaining the infrastructure like roads and removing garbage ensure the smooth running of a society.

Maybe more women should be given the responsibility to lead and govern public offices just as the Prophet (SAW) had done.

Reference

Ibn Tamiyah “Public Duties in Islam : The Institution of the Hisba” 

Yassine Essid “A Critique of the Origin of Islamic Thought” 

Ragheb ElSergany, “ Enjoining Good Forbidding Evil” 

Abdul Azim Islahi “Works on market supervision and Shariah governance (al-hisbah wa al-siyasah al shari’yah) by sixteenth century scholars” Islamic Economic Research Centre, Jeddah, 2006