الحسبة ودورها في حماية السوق : دراسة فقهية مقارنة بالقانون الماليزي /
This thesis studies the functions of the institution of al-Hisbah which include defending the regulations of Islam from being violated, protecting the honour of the people, and ensuring public safety. It includes monitoring the marketplace, craftsmanship, and manufacturing concerns to make sure that...
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| Other Authors: | |
| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyat Ma'arif al-Wahy wa al-'Ulum al-Insaniyah, al-Jami'ah al-Islamiyah al-'Alamiyah bi- Maliziya,
2005
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8552 |
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| Summary: | This thesis studies the functions of the institution of al-Hisbah which include
defending the regulations of Islam from being violated, protecting the honour of the
people, and ensuring public safety. It includes monitoring the marketplace, craftsmanship,
and manufacturing concerns to make sure that Islamic laws are upheld by these entities. It
also ensures that quality standards are maintained in Malaysia. In addition, the thesis
studies the qualifications and competence of the enforcement divisions in running al-Amr
bi al-Ma’ruf wa al-Nahi ‘an al-Munkar, and analyses the relationship between al-Hisbah
or al-Muhtasib and the Malaysian government agencies in matters of Islamic and Civil
Laws. In early Islamic Civilization, the institution of al-Hisbah was a religious institution
which carried out the responsibility of enjoining what is right, whenever people started to
neglect it, and forbidding what is wrong, whenever people started to engage in it.
However, with the decline of the Islamic Caliphate, the institution of al-Hisbah lost its
credibility and function, and in this modern world, this institution is almost forgotten. The
original multiple jurisdiction of al-Hisbah has been separated and allocated to different
government departments and bodies. The research investigates the position held by alMuhtasib in their respective responsibilities either at the Ministry of Domestic Trade and
Consumers Affairs (KPDN&HEP), the Kuala Lumpur City Hall (DBKL), the Ministry of
Health or the Department of Islamic Development Malaysia (JAKIM). Finally, as Nizam
al-Hisbah and Wilayah al-Hisbah are related closely to these institutions, this research
looks at how the function of al-Hisbah is being realised by these four institutions in their
effort to monitor the trading activities in the country while protecting the consumer’s
welfare. The thesis also suggests that the functions of al-Hisbah should be practiced
thoroughly, so that it can effectively overcome crimes that are becoming rampant by the
day in Malaysia. |
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| Item Description: | "Bahth takmili li-nayl darajat al-Majistir fi 'Ulum al-Wahy wa-al-Turath (al-Fiqh wa-Usul al-Fiqh)."--On t.p. Abstracts in English and Arabic. |
| Physical Description: | ل، 143 p. : facsims. ; 30 cm. Also available on 4 3/4 in. computer optical disc. |
| Bibliography: | Includes bibliographical references (leaves 133-143). |