Mataki na 80
Article 80
Ya kamata kotuna su kasance da alƙali ɗaya kaɗai wanda yake da ikon yanke hukunci. Ana halatta alƙalai ɗaya ko fiye su rakiyar sa, sai dai ba su da ikon yanke hukunci, illa dai ikon shawarwari da bayar da ra'ayinsu, kuma ra'ayinsu ba a ɗaukarsa a matsayin wajibi.
The courts should be comprised of only one judge who has the authority to pronounce judgement. One or more judges are permitted to accompany him, however they do not have the authority of judgement but rather the authority of consulting and giving their opinion, and their opinion is not considered binding.
Dalilinsa ita ce cewa Manzon Allah ﷺ bai taba nada alkalai biyu a kan shari'a daya ba, sai dai yana nada alkali guda daya ga shari'a guda daya, wanda hakan ke nuna rashin halaccin kasancewar alkalai da yawa a cikin shari'a guda daya. Haka kuma, shari'a na nufin sanar da hukuncin Shari'ah wanda kuma yake wajibi a bi, kuma hukuncin Shari'ah ga Musulmi guda daya ba ya yawa, domin shi ne hukuncin Allah (SWT), kuma hukuncin Allah (SWT) daya ne. Gaskiya ne cewa za a iya samun fahimta daban-daban game da shi, amma dangane da Musulmi ta fuskar aiki da shi, hukuncin Shari'ah daya ne, kuma ba ya taba zama da yawa. Saboda haka duk abin da ba shi ne abin da ya fahimta a matsayin hukuncin Allah (SWT) game da kansa ba, to ba hukuncin Allah (SWT) ba ne a gare shi, ko da yake a ra'ayinsa ana ganinsa a matsayin hukuncin Shari'ah. Duk abin da ya karba ta hanyar taqlidi, sannan ya aikata da shi, ana ɗaukarsa hukuncin Allah (SWT) game da shi, kuma duk abin da ba haka ba ba hukuncin Allah (SWT) ba ne a gare shi. Idan alkali ya sanar da shi hukuncin Allah (SWT) game da shi, kuma wannan ya zama wajibi a kansa, to wajibi ne wannan sanarwa ta zama guda daya, tun da yana sanar da shi hukuncin Allah (SWT) wanda ya wajaba a gare shi, don haka a zahiri yana aiki ne da hukuncin Allah (SWT), kuma hukuncin Allah (SWT) a yanayin aiki ba ya yawa, ko da yake fahimta na iya zama daban-daban. Saboda haka, ba daidai ba ne a samu alkalai da yawa, domin ba zai yiwu hukuncin Allah (SWT) ya zama da yawa ba.
Its proof is that the Messenger (pbuh) did not appoint two judges to one case, but rather he would appoint a single judge for the single case, which indicates the impermissibility of having a multiplicity of judges in a single case. Additionally, the judiciary is the informing of the Shari’ah rule which is then binding, and the Shari’ah rule for the single Muslim is not multiple, since it is the rule of Allah (swt), and the rule of Allah (swt) is one. It is correct that there could be multiple understandings of it, but concerning the Muslim from the angle of action according to it, the Shari’ah rule is singular and is never multiple. So anything other than what he understood to be the rule of Allah (swt) concerning oneself is not the rule of Allah (swt) for him, though it is considered in his view to be a Shari’ah rule. Whatever he took by imitation (Taqlid), and then acted upon, is considered to be the rule of Allah (swt) concerning him, and anything else is not the rule of Allah (swt) for him. When the judge informs him of the rule of Allah (swt) concerning him, and this is binding upon him, it is necessary that this notification be singular since it is informing him of the rule of Allah (swt) which is binding for him, and so in reality he is acting according to the rule of Allah (swt), and the rule of Allah (swt) in the situation of practical action is not multiple, even though there may be multiple understandings. Accordingly it is not correct for there to be multiple judges, since it is impossible for the rule of Allah (swt) to be multiple.
Wannan yana game da shari'a guda ɗaya ne, wato a cikin kotu guda ɗaya. Amma dangane da ƙasa, ana halatta a sami kotuna biyu daban-daban suna shari'ar dukkan nau'o'in al'amura a yanki guda, domin shari'a wakilci ne daga Khalifa, don haka yana kama da wakili, inda yawa ke halatta, kuma saboda haka za a halatta a sami alƙalai da dama a yanki guda. Idan ɓangarorin da ke gardama ba su iya yarda kan wace kotu ya kamata su kai ƙarar su ko wane alƙali ya kamata ya duba shari'ar tasu ba, to zaɓin mai ƙara zai fi na wanda ake ƙara muhimmanci, kuma za a ba da shari'ar ga alƙalin da ya zaɓa, domin yana neman haƙƙinsa, kuma wannan ya fi haƙƙin wanda ake ƙara.
This is with respect to the single case, or in other words, in a single courtroom. As for the country, it is permitted to have two separate courts dealing in all types of cases in one area, because the judiciary is delegated by the Khalifah, so it is like the proxy where plurality is permitted and thus it would be permitted to have several judges in one area. If the disputing parties could not agree on which court they should take their case to or which judge should look into their case, the choice of the plaintiff would outweigh that of the defendant and the case would be given to the judge of his choice, as he would be seeking his right and this outweighs the defendant.