Muhtasib yana da ikon yanke hukunci a kan laifi da zarar ya sani, kuma hakan na iya faruwa nan take kuma a ko ina. Ba sai ya kasance a kotun shari'a ba. Zai kasance yana da ma'aikatan 'yan sanda da dama da zai yi amfani da su wajen aiwatar da umarninsa da kuma zartar da hukuncin nan take.

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.

Muhtasib ba ya bukatar kotun shari'a domin ya duba lamarin da ke gabansa. Yana yanke hukunci da zarar ya tabbata cewa laifin ya faru, kuma yana da ikon yin hukunci a ko'ina da kowane lokaci, ko a kasuwa, ko a gida, ko yayin hawa dabba ko a mota, da rana ko da dare. Dalilin da ke tabbatar da bukatar kotun shari'a domin warware shari'a ba ya shafar Muhtasib, domin hadisin da ya tabbatar da wannan sharadi ya ce: "Idan mutane biyu masu jayayya suka zauna a gabanka." Wannan ba ya shafi alkalin Hisba, domin babu mai kara ko wanda ake kara, sai dai akwai hakkin jama'a da aka take, ko keta dokar Shari'a. Haka kuma, a lokacin da Manzon Allah ﷺ ya duba lamarin tulin abinci, yana tafiya a kasuwa a lokacin, abincin kuma yana nuni domin sayarwa. Bai kira mai sayarwar zuwa gare shi ba, amma da zarar ya gano laifin sai ya magance shi a wurin. Wannan yana nuna cewa shari'o'in Hisba ba sa bukatar kotun shari'a.

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.

Muhtasib yana da hakkin zaɓar mataimaka a madadinsa. Ya kamata su cika sharuɗɗan da ake buƙata ga Muhtasib, kuma yana da izinin tura su zuwa wurare daban-daban. Waɗannan mataimaka za su sami ikon gudanar da ayyukan Hisba a yankunan da aka tura su, da kuma a lamuran da aka wakilce su a kansu.

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.

Wannan ya dogara ne da ko kwangilar naɗin Muhtasib ta ƙunshi wani sharaɗi da ke ba shi ikon naɗa mataimaka, watau ya wakilta mataimaka da za su yi aiki a madadinsa, idan Khalifa ne ya yi naɗin. Idan kuwa Qadhi al-Qudhah ne ya yi naɗin, to baya ga wannan sharaɗin, naɗin Qadhi al-Qudhah ya zama dole ya ƙunshi sharaɗin da ke ba shi ikon bai wa alƙalan da ya naɗa damar wakilta wasu su yi aiki a madadinsu, watau ya ba su haƙƙin samun mataimaka. Idan Qadhi al-Qudhah bai da irin wannan ikon, to ba zai iya amincewa da wannan wakilci ba, don haka Muhtasib ba zai halatta ya sami mataimaka ba, watau ba shi da haƙƙin wakilta. Ikon alƙali na wakiltar wasu a madadinsa, ko Muhtasib ne, ko Qadhi, ko Qadhi al-Mazaalim, ba ya hannun alƙali sai dai idan Khalifa ya ba shi izinin yin haka; ko kuma idan izinin naɗa alƙalai da kuma barin waɗanda aka naɗa su wakilta an ba Waali na shari'a, watau Qadhi al-Qudhah. Wannan saboda an naɗa alƙali zuwa ga shari'a, watau wani nau'in shari'a na musamman, wato Hisba. Saboda haka, idan ba a ba shi haƙƙin wakilta ba, watau haƙƙin naɗa mataimaki a madadin kansa, to ba zai mallaki ikon wajibi na naɗa kowa ba. Wannan ya shafi Qadhi da Qadhi al-Mazaalim duka, domin kowannensu za a naɗa shi zuwa shari'a bisa ga sharaɗin naɗi. Don haka ba su da wani ƙarin iko, watau ba su da haƙƙin naɗa alƙalai, sai dai idan hakan na cikin kwangilar naɗinsu. Haka nan, ba shi da haƙƙin naɗa mataimaka don gudanar da ayyukan Hisba a madadinsa, sai dai idan hakan na cikin kwangilarsa. Haka abin yake ga Qadhi al-Qudhah. Dangane da halascin naɗa wakilai, an samo shi ne daga aikin Manzon Allah ﷺ, domin an kira shi ya duba wata shari'a, sai ya naɗa wani ya yi aiki a madadinsa. Wannan shi ne abin da ya faru a lamarin wani Balarabe na jeji wanda ya zo wurin Manzon Allah ﷺ ya sanar da shi cewa ɗansa yana aiki ga wani mutum, sai ɗan nasa ya yi zina da matar mutumin, don haka ya nemi hukunci daga gare shi. Manzon Allah ﷺ ya ce a wannan lamari:

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:

"Ka tafi, ya Unays (wani mutumin Aslam), zuwa ga matar wannan mutumin, idan ta amince da laifinta, to ka jefe ta da duwatsu." [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]

Wannan yana nuna cewa alkali zai iya aika mataimakinsa ya yi shari'a a madadinsa a cikin shari'ar da ya ba shi. Haka ma ga Muhtasib, domin shi ma alkali ne. Sai dai dole ne alkali ya ba mataimakinsa damar yin shari'ar gaba ɗaya, watau dole ne a ba shi damar duba ƙara da yanke hukunci da kansa idan naɗin mataimakin ya inganta. Wannan saboda shari'a isar da hukunci ne ta hanyar tilastawa, don haka a wannan ma'ana ba za a iya raba ta ba, kuma saboda haka ba zai iya naɗa shi kawai ya bincika ba tare da yanke hukunci ba. Naɗin dole ne ya zama cikakke, har ya zama shi alkali ne kuma hukuncinsa ya inganta. Sai dai ko da wani lokaci bai yanke hukunci ba a zahiri, aikinsa zai ci gaba da inganta, domin ba sharadi ba ne ya yi aiki a matsayin alkali. Alkali zai iya duba wata shari'a, kafin ya kammala aikinsa ya yanke hukunci, a cire shi daga aiki, sai a mika shari'ar ga wani alkali wanda zai yanke hukunci. Haka ma ga mataimakin alkali. Ba sharadi ba ne ya yanke hukunci, amma dole ne a ba shi ikon bincike da yanke hukunci idan aka naɗa shi, watau dole ne a naɗa shi cikakken alkali, mai duk ikon da dole ne alkali ya mallaka. Haka ma ga Muhtasibai: yana naɗa mataimaka masu ikon bincike da yanke hukunci a shari'o'in da ya ba su, ko a yankunan da ya sa su, idan an ba shi ikon naɗa mataimaka. Sharuɗɗan shari'a ga waɗanda alkali ya naɗa mataimakansa su ne: dole ne su zama Musulmi, maza 'yantattu, adali, balagaggu, kuma Fuqaha (malamai masu ilimi) a fannonin da aka ba su aikin yi, watau dole ne su cika sharuɗɗan Muhtasib iri ɗaya, domin su ma alkalai ne kamar shi.

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.