Some Salafist suggest that enforcement of sharia under the Hisbah doctrine is the sacred duty of all Muslims, not just rulers.
By "Some Salafist", the reference it listed was referring to Al-jama'ah al-islamiyah, which its Wikipedia page describes as "considered a terrorist organization by the United States, the United Kingdom and European Union." I edited Wikipedia accordingly.
My impression is that scholars ordinarily claim the opposite, and I'm looking for concrete examples from notable scholars.
Question: Which major scholars say that Hisbah is not the duty of lay Muslims?
There is an open letter to al-Baghdadi by a body of notable Muslim scholars that touches on this. You can accessed it at: http://www.lettertobaghdadi.com. Here is an excerpt:
Coercion and Compulsion: God says: ‘you are not a taskmaster over them’ (Al-Ghashiyah,
88: 22); and: ‘There is no compulsion in religion. Rectitude has become clear from error …’ (Al-
Baqarah, 2: 256); and: ‘And if your Lord willed, all who are in the earth would have believed
together. Would you then compel people until they are believers?’ (Yunus, 10: 99); and: ‘And say,
“The truth [that comes] from your Lord; so whoever will, let him believe, and whoever will, let
him disbelieve”.’ (Al-Kahf, 18: 29); and: ‘You have your religion and I have my religion’ (Al-
Kafirun, 109: 6).
It is known that the verse: ‘There is no compulsion in religion’ was revealed after the
Conquest of Mecca, hence, no one can claim that it was abrogated. You have coerced people to
convert to Islam just as you have coerced Muslims to accept your views. You also coerce everyone
living under your control in every matter, great or small, even in matters which are between the
individual and God . In Al-Raqqa, Deir el-Zor and other areas under your control, armed groups
who call themselves ‘al-hisbah’ make their rounds, taking people to task as though they were
assigned by God to execute His commandments. Yet, not a single one of the Companions did
this. This is not enjoining the right and honourable and forbidding the wrong; rather, it is coercion,
assault, and constant, random intimidation. If God wanted this, He would have obliged them over
the minutest details of His religion. God says: ‘… Have they not realised, those who believe,
that had God willed, He could have guided all mankind? ...’ (Al-Ra’d, 13: 31); and: ‘If We will
We will send down to them a sign from the heaven before which their necks will remain bowed in
humility.’ (Al-Shu’ara’, 26: 4).
Hudud (Punishment): Hudud punishments are fixed in the Qur’an and Hadith and are unquestionably obligatory in Islamic Law. However, they are not to be applied without clarification, warning, exhortation, and meeting the burden of proof; and they are not to be applied in a cruel manner. For example, the Prophet avoided hudud in some circumstances, and as is widely known, Omar ibn Al - Khattab suspended the hudud during a famine. In all schools of jurisprudence, hudud punishments have clear procedures that need to be implemented with mercy, and their conditions render it difficult to actually implement them. Moreover, suspicions or doubts avert hudud ; i.e. if there is any doubt whatsoever, the hudud punishment cannot be implemented. The hudud punishments are also not applied to those who are in need or deprived or destitute; there are no hudud for the theft of fruits and vegetables or for stealing under a certain amount. You have rushed to enact the hudud while, in reality, conscientious religious fervour makes implementing hudud punishments something of the utmost difficulty with the highest burden of proof.
I am Muslim born, and it is my first time hearing this Hisbah term (in this meaning).
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