How will HISBA ensure it treats complaints and subjects fairly?
Fairness is of prime concern to HISBA, where its authority will primarily derive from its credibility. To ensure complete fairness in its operations, HISBA will enact the following measures:
• HISBA will process all queries, requests or complaints it receives, regardless of which Muslim sends it, or which MPFO or Islamic organisation is the subject of inquiry or complaint.
• Reports sent to scholars of Shariah councils will have dates of events redacted and names replaced with randomly generated names, in order that the scholars not know who the MPFO being investigated is, so they can issue a judgement without bias.
• If the details of the case are (in)famous such that the identity of the MPFO being investigated is likely to be known, all scholars who potentially hold a conflict of interest (i.e. they are friends with the opponents of the subject MPFO, or they are friends of the subject MPFO themselves) will be recused from ruling on the case.
• If a HISBA investigator is themselves the subject of a complaint, they cannot handle the matter and must pass over the handling of the inquiry to a HISBA auditor.
• The scholars will be comprised of a number of Shariah councils internationally from a variety of schools of thought in order for the judgements to be based only upon a consensus of adāb, akhlāq and the minimal agreed upon creedal limits of Islam.
• HISBA will show full transparency to the public and fully publish its methodology along with the reports of its investigations so that the public see a consistent and meticulous due process in HISBA inquiries.
How will HISBA ensure the conclusions of their investigations are accurate?
The HISBA Online project will live and die based on its credibility.
Furthermore, prideful MPFOs (and/or their devoted followers) will naturally resist the conclusions of investigations that expose the misconduct of that MPFO.
In order to surmount this, HISBA will ensure:
• It produces a full report on its investigation, and make it available to the public if a MPFO refuses self-rectification and is found in breach of Islamic standards and baseline creed by multiple shariah councils based internationally.
• Its reports contain only clinical descriptions of the events (e.g.in the style of a police report or a court case’s transcript).
• All facts will be reported in context (i.e. no selective quotes, and full receipts of evidence presented in report).
• Only dispassionate words used (i.e. not using judgemental, emotive language or characterisations of an MPFO’s conduct or speech e.g. “he angrily said”, “he mocked him” etc.).
• All claims will be based upon documented evidence (hearsay will be disregarded unless coming through tawatur [mass independent attestations]).
• All evidence will be fully documented in the report and accessible (via links) for the public.
• After evidence gathering and drafting of a report, HISBA will show the report to the subject MPFO being investigation so that they can verify the conclusions and ensure completeness and inclusion of all relevant evidence, before taking any further action. HISBA will request the subject MPFO to suggest any corrections (with evidence), present any relevant extra evidence and provide any mitigating arguments (justifications)they may wish to add. The report will then be summarised and again shown to the MPFO being investigated to approve it saccuracy before being submitted to the Shariah councils.
Does HISBA give chances for perpetrators of bad conduct to avoid being publicly ‘named-and-shamed’?
HISBA is not interested in ‘naming and shaming’ anyone unnecessarily, rather it is interested in upholding Islamic standards and de-normalising misconduct. When an inquiry is launched, HISBA gives the subject MPFO three chances, at three different stages in the inquiry, to self-rectify and unilaterally apologise to the public for their own behaviour. If they do so, no ‘naming and shaming’ will be required, and their case study will be annonymised with their name redacted.
What if a statement or conduct by an MPF has more than one interpretation?
In cases of multiple and equally valid interpretations of someone’s words, Husn ul dhaan interpretations will be preferred. HISBA will always assume the best interpretation of a Muslim’s words or deeds. Additionally, HISBA will always ask an subject MPFO to clarify the meaning behind their words and deeds. However, HISBA will note if the wording was unwise, vague and reckless (i.e. prone to misinterpretation given context).