The Administration of the Sultanate of Dehli c12.227

c12.227

The *muḥtasib* was expected to suppress illegal practices and punish the wrongdoers; he was regarded as the defender of public decency and the protector of the rights of the weak against the strong.³ It was his duty to see that public prayers were conducted properly; that no one was found drunk in public places; that intoxicating liquors and drugs were not manufactured or sold publicly; that one practised fraud or cheated others.⁴ He stopped gambling, illegal marriages and acts of indecency.⁵ Another duty was to compel debtors to pay their debts, provided they accepted the obligation and had the capacity to pay. If the defendant denied the debt or the capacity to discharge it, the matter would go to the qāḍī for the *muḥtasib* was not a judge.⁶ The jurists limit his jurisdiction to cases arising out of a wrongdoing only; he could intervene in the matter of debts only to the extent of preventing wilful and mischievous non-payment. He could not intervene in contracts and business transactions as well, unless it was an evident case of fraud. Another important difference between the functions of the qāḍī and the muḥtasib was that the latter possessed spontaneous power of intervention, whereas the qāḍī could not act unless litigants appealed to him. The muḥtasib was an executive officer; the qāḍī a judge.¹ It was the muḥtasib's duty to protect slaves and servants from maltreatment. He stopped masters from exacting too much work from their servants; his protection extended to domestic animals as well, so that they were not overloaded, made to work beyond their capacity or cruelly treated.² He arranged for the nursing and bringing up of foundlings.³ School-masters who beat their pupils severely were reprimanded or even punished.⁴ He looked after public utilities: water supply, city walls, the amenities for travellers and the maintenance of public buildings alike received his attention.⁵ He looked after thoroughfares; ordered the demolition of houses likely to collapse; controlled the height of new buildings to ensure privacy to the neighbours; and stopped any action which might cause annoyance or discomfort.⁶ He inspected boats before they set sail to ensure that they were safe and not overloaded.⁷ It was his duty to see that public buildings and thoroughfares were lighted, that markets, hospices and sarā'is were properly maintained and that sanitation was satisfactory.⁸ In short, the muḥtasib was responsible for the smooth running of civil life in a city.