rights and issuing judgment in such cases, as well as supervising the administrators of endowments and the guardians of orphans, along with other well-known matters.
In other regions, such as the Maghrib, the military governor has no jurisdiction whatsoever; he merely carries out the orders of the judge. This arrangement follows the ancient practice, and the juridical and customary reasons for it are explained elsewhere.
As for the muḥtasib, he is empowered to command right and forbid wrong in matters that are not the exclusive domain of governors, judges, chancery officials, and the like. Many religious duties are shared among the various authorities, and whoever fulfils the obligation in any given instance must be obeyed. Accordingly, the muḥtasib must instruct the public to perform the five daily prayers on time and punish those who neglect them with beating or imprisonment—the decision to execute rests with someone else. He must also oversee the imams and muezzins: if any of them neglect the duties of leadership in prayer or deviate from the prescribed adhān, he compels them to conform. For whatever exceeds his capacity he seeks assistance from the military governor and the judge, and from anyone whose command is obeyed.
This is because the prayer is the most recognisable of all acts of right. It is the pillar of Islam and its greatest ordinance, the twin of the two testimonies of faith. Allah made it obligatory on the Night of the Ascension and addressed the Messenger directly, without an angelic intermediary. It was the last counsel the Prophet, peace and blessings be upon him, gave to his community. In the Qur’an it is singled out for mention after general commands, as in His words: “Those who hold fast to the Book and establish the prayer” (al-Aʿrāf 7:170), and, “Recite what has been revealed to you of the Book and establish the prayer” (al-ʿAnkabūt 29:45).
It is paired with patience, with zakāt, with sacrifice, and with jihād in several Qur’anic passages, such as: “Seek help through patience and prayer” (al-Baqarah 2:45); “Establish the prayer and give zakāt” (al-Baqarah 2:43); “Indeed, my prayer and my sacrifice…” (al-Anʿām 6:162); “They are stern with the disbelievers, compassionate among themselves; you see them bowing and prostrating…” (al-Fatḥ 48:29); and His saying, “When you are among them and lead them in prayer, let a group of them stand with you…” (al-Nisāʾ 4:102).