political fragmentation and cultural diversity 267(9) When they summon a party to a dispute they must never
inform him of the charge lest he should think out an argument
by which he may release himself.
(10) If an offender is summoned to be present with all his stock and
equipment he must be brought as the Muœtasib assistants found
him and must not be allowed to leave any of his weights in his
shop or let them fall on the way.
(11) No messenger should go out before consulting the Muœtasib
and when he does go out he must do so with determination
and courage and seek the offender swiftly, for this is what
terrifies and deters from evil-doing.
(12) If an offender is to be punished the punishment should be in
the manner that is bearable by the offender and in line with
the offence. The Tradition is that when the offence is against
God there is pardon, but not where it is against man.
It is interesting to note that the duties of the Muœtasib cover a par-
ticularly wide range. Basically these duties are divided into two main
divisions: the enforcement of the law, al-amr bil ma"ruf, and the pre-
vention of illegality, al-nahy un al-Munkar. Each includes three main
parts: what is due to God, what is due to man, and what is due to
both jointly. Enforcement of the law regarding what is due to God
involves duties binding on the whole community, mainly Friday
prayers, Eid prayers, and the call for prayers. As public prayers con-
cerns the ritual principles of Islam, it falls within the duties of the
Muœtasib to ensure the adherence to these features of public worship.
The second category of enforcement of law, which addresses mat-
ters related to man, is divided into two groups: those related to the
community and others connected with individuals. With regard to
the former the Muœtasib should ensure that facilities provided to the
community are met, and if the public treasury cannot provide for
these needs the Muœtasib may call upon the rich to provide for these
needs. Where the rights concerned are those of individuals, such as
the payment of debt, the Muœtasib should order the debtor to dis-
charge the debt as long as the debtor is able to do so. It is his func-
tion to compel the debtor to appear before the judge on application
by the creditor. In matters related to the community, the Muœtasib
should see that the community needs are satisfied. Ibn al-Ukhùwwah
points out that if an individual wilfully neglects worship beyond the