O Muhtasib tem o poder de julgar a infração assim que tomar conhecimento dela, e isso pode acontecer no local e em qualquer lugar. Ele não precisa estar em um tribunal. Terá à sua disposição um certo número de agentes de polícia para executar suas ordens e aplicar a sentença no local.

The Muhtasib has the power to judge on the offence as soon as He learns about it, and this could take place on the spot and at any location. He does not need to be in a judicial court. He will have at his disposal a number of police staff to execute his orders and to apply the sentence on the spot.

Um tribunal judicial não seria necessário para que o Muhtasib examinasse o caso em questão. Ele profere o julgamento no momento em que está certo de que a infração ocorreu, e tem o poder de julgar em qualquer lugar e a qualquer momento, seja no mercado, em casa, montado em um animal ou no carro, de dia ou de noite. A evidência que confirma a necessidade de um tribunal judicial para tratar de um caso não se aplica ao Muhtasib, pois o Hadith que estabeleceu essa condição diz: "Se as duas partes litigantes se sentarem diante de vós." Isso não se aplica ao juiz da Hisba, pois não há demandante nem demandado; antes, há um direito público que foi violado, ou uma violação da Shari'a. Além disso, quando o Mensageiro de Allah ﷺ examinou o caso do monte de alimento, Ele estava andando pelo mercado naquele momento, e o alimento estava exposto para venda. Ele ﷺ não convocou o vendedor até Ele, mas assim que detectou a infração, tratou dela no local. Isso indica que os casos de Hisba não exigem um tribunal judicial.

A judicial court would not be required for the Muhtasib to look into the case at hand, He passes the judgement the moment He is sure that the offence took place, and He has the power to judge at any place and at anytime, whether in the market, in the house, while riding or in the car during the day or night. The evidence that confirms the need to have a judicial court in order to deal with a case does not apply to the Muhtasib, because the Hadith that confirmed this condition states; “If the two disputing parties sat before you.” This is not applicable to the judge of Hisba, as there is no plaintiff and no defendant, rather, there is a public right that has been violated, or a violation of the Shar’a. Besides, when the Messenger of Allah (pbuh) looked into the case of the heap of food, He was walking in the market at the time and the food was displayed for sale. He (pbuh) did not summon the vendor to him, but as soon as He detected the offence He dealt with it on the spot. This indicates that the cases of Hisba do not require a judicial court.

O Muhtasib tem o direito de selecionar delegados para ele. Eles devem cumprir os requisitos do Muhtasib, e ele está autorizado a designá-los para diferentes locais. Esses delegados terão o poder de exercer os deveres da Hisba nas áreas para as quais foram designados e nos casos para os quais foram delegados.

The Muhtasib has the right to select deputies for him. They should fulfil the requirements of the Muhtasib, and He is allowed to assign them to different places. Those deputies would have the power to carry out the duties of the Hisba in the areas to which they have been assigned, and in the cases for which they have been delegated.

Isto depende de a nomeação do Muhtasib incluir uma cláusula que lhe dê poder para nomear substitutos, ou seja, para delegar substitutos que atuariam em seu nome, caso o Khaleefah tenha feito a nomeação. Se a nomeação, porém, tiver sido feita pelo Qadhi al-Qudhah (Juiz Supremo), então, além da condição anterior, a nomeação do Qadhi al-Qudhah deve incluir uma cláusula que lhe dê poder para permitir que os juízes que ele nomeia deleguem outros para agir em seu nome, isto é, para lhes conceder o direito de ter substitutos. Se o Qadhi al-Qudhah não tivesse tal poder, então ele não estaria em posição de aprovar tal delegação, e, portanto, o Muhtasib não poderia ter substitutos, isto é, não teria o direito de delegar. O poder do juiz de delegar em seu nome, seja ele o Muhtasib, o Qadhi (juiz) ou o Qadhi al-Mazaalim, não está nas mãos do juiz, a menos que o Khaleefah lhe permita fazê-lo; ou se a permissão para recrutar juízes e para permitir que os nomeados deleguem tiver sido concedida ao Waali da magistratura, isto é, ao Qadhi al-Qudhah. Isso porque o juiz é nomeado para a magistratura, isto é, para um tipo específico de magistratura, que é a Hisba. Portanto, se ele não tivesse recebido o direito de delegar, isto é, o direito de nomear um substituto para si mesmo, não possuiria então o poder obrigatório de nomear quem quer que fosse. Isto se aplica tanto ao Qadhi quanto ao Qadhi al-Mazaalim, pois cada um deles seria nomeado para a magistratura de acordo com a cláusula de nomeação. Assim, eles não possuem nenhum poder extra, isto é, não teriam direito de nomear juízes, a menos que isso fizesse parte do contrato de nomeação. Tampouco teria o direito de nomear substitutos para exercer os deveres da Hisba em seu nome, a menos que isso fizesse parte de seu contrato. O mesmo se aplica ao Qadhi al-Qudhah. Quanto à permissibilidade de nomear representantes, ela deriva da ação do Mensageiro de Allah ﷺ, pois foi solicitado que Ele examinasse um caso, e Ele designou alguém para agir em Seu nome. Isso ocorreu no episódio do beduíno que foi ao Mensageiro de Allah ﷺ e lhe informou que seu filho trabalhava para um homem e cometeu adultério com a mulher desse homem, então lhe pediu o veredito. O Mensageiro de Allah ﷺ disse naquele episódio:

This depends on whether the appointment of the Muhtasib includes a clause that gives Him power to appoint deputies, i.e. to delegate deputies who would act on his behalf, in case the Khaleefah made his appointment. If the appointment was however made by the Qadhi al- Qudhah (Supreme judge), then beside the previous condition the appointment of the Qadhi al-Qudhah must include a clause that gives Him power to allow the judges that He appoints to delegate others to act on their behalf, i.e to give them the right to have deputies. If the Qadhi al- Qudhah did not have such power, then He would not be in a position to approve such a delegation, thus the Muhtasib would not be allowed to have deputies, i.e. He would not have the right to delegate. The power of the judge to delegate on his behalf, whether it be the Muhtasib, the Qadhi (judge) or the Qadhi al-Mazaalim, is not in the hands of the judge unless the Khaleefah allows Him to do so; or if the permission to recruit judges and to allow those appointed to delegate were given to the Waali of the judiciary, i.e. the Qadhi al-Qudhah. This is because the judge is appointed to the judiciary, i.e. a specific type of judiciary, which is the Hisba. Therefore, if He were not given the right to delegate, i.e. the right to appoint a deputy for himself, He would not then possess the mandatory power to appoint anyone. This applies to both the Qadhi and the Qadhi al-Mazaalim, for each of them would be appointed to the judiciary according to the appointment clause. Thus they do not possess any extra power, i.e. they would have no right to appoint judges, unless this formed part of the appointment contract. He would not also have the right to appoint deputies to perform the duties of Hisba on his behalf, unless this was part of his contract. The same applies to the Qadhi al-Qudhah. As for the permissibility of appointing deputies, this is derived from the Messenger of Allah’s action, for He (pbuh) was called upon to look into a case, and He appointed someone to act on his behalf. This was what happened in the incident of the desert Arab who came to the Messenger of Allah (pbuh) and informed Him that his son was working for a man and He committed adultery with the man’s wife, so He asked Him for the verdict. The Messenger of Allah (pbuh) said at that incident:

"Vá, ó Unays (um homem de Aslam), até a mulher deste homem; se ela confessar, apedreje-a." [Narrated by Bukhari and Muslim by way of Abi Hurayrah, Zayd bin Khalid al Juhani]

“Go O Unays (a man from Aslam) to this man’s wife, if she admitted guilt then stone her.” [Narrated by Bukhari and Muslim by way of Abi Hurayrah, Zayd bin Khalid al Juhani]

This indicates that the judge may send a deputy to judge on his behalf in a case that he assigns to him. The same applies to the Muhtasib, as he is also a judge. However, the judge must allow his deputy to deal with the case as a whole, that is, he must be allowed to look into the complaint and pronounce judgement himself, if the appointment as deputy is valid. This is because the judiciary is the conveying of the rule by way of compulsion, so in this context it cannot be partitioned, and therefore he cannot appoint him merely to investigate without judging. The appointment must be complete so that he becomes a judge and his judgement becomes valid. However, even if he sometimes did not actually pronounce a judgement, his work would still be valid, for it is not a condition for him to act as a judge. A judge could look into a case, and before completing his work and pronouncing his judgement, he could be relieved of his duties, and then the case would be referred to another judge who would pass judgement. The same applies to the judge's deputy. It is not a condition for him to pass judgement, but he must be given the right to investigate and pass judgement when appointed, that is, he must be appointed as a full judge, holding all the mandatory powers given to a judge. The same applies to the Muhtasibs: he appoints deputies with powers to investigate and judge in the cases he assigns to them, or in the areas in which he places them, that is, if he has been given the power to appoint deputies. The legal requirements for those whom the judge appoints as his deputies are: they must be Muslim, free men, just, mature and Fuqaha (learned scholars) in the matters they are assigned to deal with, that is, they must have the same requirements as the Muhtasib, because they are also judges like him.

This indicates that the judge could send a deputy to judge on his behalf in a case He assigns to him. The same applies to the Muhtasib, as He is also a judge. However, the judge must allow his deputy to deal with the case as a whole, i.e. He must be allowed to look into the complaint and pronounce judgement himself if the appointment to deputise were valid. This is because the judiciary is the conveying of the rule by way of compulsion, so in this context it cannot be partitioned, and therefore He cannot appoint Him to merely investigate without judging. The appointment must be complete so that He becomes a judge and his judgement becomes valid. However, even if He sometimes did not actually pronounce a judgement, his work would still be valid, for it is not a condition for Him to act as a judge. A judge could look into a case, and before completing his work and pronouncing his judgement, He could be relieved of his duties, and then the case would be referred to another judge who would pass judgement. The same applies to the judge’s deputy. It is not a condition for Him to pass judgement, but He must be given the right to investigate and pass judgement when appointed, i.e. He must be appointed as a full judge, holding all the mandatory powers given to a judge. The same applies to the Muhtasibin He appoints deputies with powers to investigate and judge in the cases He assigns for them, or in the areas in which He places them, that is if He has been given the power to appoint deputies. The legal requirements for those whom the judge appoints as his deputies are: They must be Muslim, free men, just, mature and Fuqaha (learned scholars) in the matters they are assigned to deal with, i.e. they must have the same requirements as the Muhtasib, because they are also judges like him.