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The Institutions of State in the Khilafah 3 min readViewed 2 times

9.10 The mandatory powers of the judges of al-Mazalim


The court of Mazalim has the mandatory power to look into any Madhlima, whether the Madhlima were perpetrated by government civil servants, or related to a contradiction of the Shariah by the Khalifah, the meaning of a legislative text in the constitution, the canon or the various Shariah rules adopted by the Khalifah, the imposing of a tax, or any other matter. .

Judiciary of Mazalim regarding any madhlima connected to some civil servants, the Khalifah’s violation of the Shariah rules, the meaning of any legislative text, the constitution or the canons within the adoption of the Khalifah, the imposing of any tax; or related to the State’s oppression of its citizens in terms of the seizure of their properties by force, or its transgression in terms of the collected properties (from them) or reducing the salaries of the employees and the army or delaying their payment: In all of these types of madhlima there is no necessity of a judicial sitting to look into the case, to summon the defendant, or to have a plaintiff. It rather has the right to look into the madhlima even if there was no complaint by anybody. .

This is because the evidence that proves the stipulation of the presence of judiciary sitting to examine the case does not apply to the judiciary of the Mazalim. This is because it has no plaintiff, as the presence of a plaintiff is not necessary. The court of Mazalim has the right to look into a Madhlima even if nobody filed a claim because it not necessary for the plaintiff to attend, since it examines the case without the need of the attendance of the defendant, as it studies the case. Therefore, the evidence regarding the necessity of a judicial court does not apply to that. This is due to what Abu Dawud and Ahmed narrated from Abdullah bin Al-Zubair, he said: “The Messenger of Allah PBUH) ordered that‘the two disputing parties sit before the judge.’" And his (PBUH) saying to ’Ali (ra): "If the two disputing parties sat before you.”.

Therefore, the court of Mazalim reserves the right to look into the Madhlima as it occurs without any restrictions such as time, place or court sitting. However, due to the standing of this court as far as its mandatory powers are concerned, it has always been surrounded by the elements of prestige and grandeur. At the time of the Sultans in Egypt and Al-Sham, the Council of the Sultan where the Mazalim used to be dealt with used to be known as the "House of Justice", where the Sultan used to appoint deputies to act on his behalf, and the judges and the Faqihs also used to attend. Al-Maqrizi mentioned in his book entitled al-Suluk Ila Ma’rifat Duwal Al-Muluk (The way to know the States of the kings), that the Sultan Al-Malik Al-Salih Ayub appointed deputies to act on his behalf in the house of justice, where they sat to remove the Mazalim, and to gather with the witnesses, judges and the Faqihs. Therefore, there is no harm if the court of Mazalim had a splendid house, for this would be Mubah, especially if this reflected the might of justice.

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Chapters (68)
  1. 11 Forward
  2. 22 Introduction
  3. 33 The Instutions of State in the Khilafah (in ruling and administration)
  4. 44 The Khalifah
  5. 54.1 The title
  6. 64.2 Necessary conditions
  7. 74.3 Preferred condition
  8. 84.4 The method of appointing the Khalifa
  9. 94.5 Practical measures taken for the Khalifah’s appointment and bay’ah
  10. 104.6 The provisional Khalifah
  11. 114.7 The nominees’ shortlist
  12. 124.8 The method of Bay’ah
  13. 134.9 The Khilafah’s unity
  14. 144.10 The Khalifah’s mandatory powers
  15. 154.11 The Khalifah is restricted to the Shari’ah rules regarding adoption (enacting of laws)
  16. 164.12 The Khilafah state is a human not a theological state
  17. 174.13 The time term of the Khalifah
  18. 184.14 The dismissal of the Khalifah
  19. 194.15 The time limit for the appointment of a Khalifah
  20. 205 The delegated assistants (mu’awin al-tafwid)
  21. 215.1 The conditions of the delegated assistants
  22. 225.2 The mandatory powers of the delegated assistants
  23. 235.3 he appointment and dismissal of the delegated assistants
  24. 246 The executive assistants (mu’awin al-tanfidh)
  25. 257 The governors (wulah)
  26. 267.1 Examining the activities of the governors
  27. 278 Jihad
  28. 288.1 Firstly: The army
  29. 298.2 Secondly: The internal security
  30. 308.3 Thirdly: The industry
  31. 318.4 Fourthly: The international relations
  32. 328.5 Fifthly: Amir of Jihad – War department (The army)
  33. 338.6 The army divisions
  34. 348.7 The Khalifah is the army’s leader
  35. 358.8 Sixthly: The Internal Security
  36. 368.9 Seventhly: The Foreign Affairs
  37. 378.10 Eighthly: The Industry
  38. 389 The Judiciary
  39. 399.1 The types of judges
  40. 409.2 The conditions of the judges
  41. 419.3 The appointment of the judges
  42. 429.4 The judges’ means of living
  43. 439.5 The formations of the tribunals
  44. 449.6 Al-muhtasib
  45. 459.7 The mandatory powers of al-muhtasib
  46. 469.8 The Judge of al-Mazalim (grievances)
  47. 479.9 The appointment and dismissal of the judges of al-Mazalim
  48. 489.10 The mandatory powers of the judges of al-Mazalim
  49. 499.11 The contracts, transactions and court verdicts before the establishment of the Khilafah
  50. 5010 The administration system (the people’s affairs)
  51. 5110.1 The administrative system is a style of management not ruling
  52. 5210.2 The policy of affairs management
  53. 5310.3 Those who are eligible to be civil servants
  54. 5411 Bayt al-mal (the state treasury)
  55. 5512 I’lam (the information)
  56. 5612.1 The authorization of forms of media
  57. 5712.2 The information policy of the state
  58. 5813 The Ummah’s council (shura and Accounting)
  59. 5913.1 The right of shura
  60. 6013.2 The duty of taking to task
  61. 6113.3 The election of the members of the Ummah’s council
  62. 6213.4 The method of electing members of the Ummah’s council
  63. 6313.5 The membership in the Ummah’s council
  64. 6413.6 The term of membership in the Ummah’s council
  65. 6513.7 The mandatory powers of the Ummah’s council
  66. 6613.8 The right of expression and voicing an opinion without impediment
  67. 6714 The Flags and Banners
  68. 6815 The Anthem of the Khilafah State