Labari na 88
Article 88
Alƙali na Kotun Zalunci (Madhalim) ana naɗa shi ne ta hannun Khalifa, ko kuma ta hannun Babban Alƙali. Ana yin lissafin ayyukansa, da hukunta shi, da cire shi daga muƙami ta hannun Khalifa, ko kuma ta hannun Babban Alƙali idan Khalifa ya ba shi ikon yin hakan. Sai dai ba za a iya cire shi daga muƙami ba yayin da yake binciken wata ƙara ta zalunci da ake yi wa Khalifa, ko mataimakan zartarwa, ko Babban Alƙali; a maimakon haka, ikon cire shi a irin wannan hali yana hannun Kotun Ayyukan Zalunci (Madhalim).
The judge of the Court of Injustices (Madhalim) is appointed by the Khalifah, or by the Supreme Judge. His accounting, discipline and removal are done by the Khalifah or by the Supreme Judge if the Khalifah had given him the powers to do so. However he cannot be removed during his investigation of a Madhlamah against the Khalifah, or the executive assistants, or the Supreme Judge; rather the power to remove him in these circumstances is for the Court of Injustice Acts (Madhalim).
Alƙalin Madhalim yana samun naɗi ne daga Khalifah, ko kuma daga Babban Alƙali. Wannan saboda Madhalim wani ɓangare ne na shari'a, domin su ne isar da hukuncin Shari'ah ta hanyar aiwatarwa, kuma dukkan nau'ikan alƙalai dole ne Khalifah ya naɗa su. Wannan ya tabbata ta ayyukan Manzon Allah ﷺ, domin yana naɗa alƙalai kamar yadda aka bayyana a baya. Duk wannan na nufin cewa Khalifah ne ke naɗa alƙalin Madhalim, amma Babban Alƙali zai iya naɗa alƙalin Madhalim idan Khalifah ya sanya hakan a cikin sharuɗɗan naɗinsa. An halatta ga babbar kotun zalunci (Mahkamat Al-Madhalim) da ke tsakiyar Daula ta duba Madhalim da suka faru daga Khalifah, mataimakansa da Babban Alƙali kaɗai. Sai dai rassan kotun zalunci a lardunan ƙasa suna duba Madhalim da ke faruwa daga gwamnoni da sauran ma'aikatan Daula. Khalifah yana da haƙƙin ba wa Babbar Kotun Zalunci ikon naɗawa da cire alƙalan Madhalim a rassan kotunan Madhalim da ke ƙarƙashin ikonta a lardunan ƙasa.
The judge of Madhalim is appointed by the Khalifah, or by the Supreme Judge. This is because the Madhalim is part of the judiciary, for they are the conveying of the Shari’ah rule by way of enforcement, and all the types of judges must be appointed by the Khalifah. This is confirmed by the Messenger of Allah (pbuh)’s actions since he used to appoint the judges as was explained previously. All this means that it is the Khalifah who appoints the judge of Madhalim, yet the Supreme Judge could appoint the judge of Madhalim if the Khalifah made provisions for this in his appointment clause. It is allowed for the main court of injustices (Mahkamat Al-Madhalim) in the centre of the State to examine only the Madhalim that occurred from the Khalifah, his assistants and the Supreme Judge. However, the branches of the court of injustices in the provinces examine the Madhalim that occur from the governors and the other State employees. The Khalifah has the right to give the Central Court of Injustices the authority of appointment and removal of the Madhalim judges in the branch Madhalim courts that come under its authority in the provinces.
Khalifa ne yake naɗawa da cire membobin babbar kotun zalunci ta tsakiyar ƙasa. Dangane da cire shugaban kotun zalunci ta tsakiya - wato alƙalin Madhalim mai alhakin bincika cire Khalifa - a ƙa'ida ya kamata ya zama haƙƙin Khalifa ne ya cire shi, domin shi ne yake da ikon naɗa shi kamar sauran alƙalai duka. Sai dai, idan aka bar ikon cire alƙali a hannun Khalifa a lokacin wata shari'a, to wannan iko zai iya kai zuwa ga abin da aka haramta. A irin wannan yanayi sai ƙa'idar.
The Khalifah is the one that appoints and removes the members of the main court of injustices in the centre of the State. As for the removal of the head of the central court of injustices - in other words, the Madhalim judge responsible in examining the removal of the Khalifah - it should in principle be the right of the Khalifah to remove him, as it is he who has the right to appoint him like all the judges. However, it is possible, if the power of removing the judge were left to the Khalifah during a case, then this power would lead to something prohibited. In such a situation the principle of.
. )الوسيلة إلى الحرام حرام( .
. )الوسيلة إلى الحرام حرام( .
"hanyar zuwa ga abin da aka haramta ita ma an haramta ta" za ta dace.
“the means to something forbidden is also forbidden” would apply.
Yiwuwar faruwar irin wannan yanayi tana da ƙarfi sosai, kuma hakan ya isa a yi amfani da wannan ƙa'ida.
The strong likelihood of such a scenario arising is enough for applying this principle.
Wannan yanayi shi ne idan akwai ƙara a kan Khalifah ko mataimakansa ko babban alkalinsa (idan an ba Khalifah ikon nadawa da cire alkalin Madhalim wajibi). Wannan saboda barin ikon cire alkalin wajibi a hannun Khalifah a wannan yanayi zai yi tasiri a kan hukuncin alkalin, kuma hakan zai takaita ikon alkalin na cire Khalifah ko mataimakansa idan ya ga ya zama dole. Ikon cire alkalin a wannan yanayi wajibi wata hanya ce zuwa ga haram, ko a wata ma'ana, barin shi a hannun Khalifah a wannan yanayi haramun ne.
This situation is when there is a case against the Khalifah or his assistants or his Supreme Judge (in case the Khalifah was given the mandatory power of appointing and removing the Madhalim judge). This is because keeping the mandatory power of removing the Madhalim judge in the hands of the Khalifah in this case would influence the verdict by the judge and accordingly it would limit the capability of the judge to remove the Khalifah or his assistants if deemed necessary. This mandatory power of removing the judge in this case is a means for Haram, or in other words, leaving it in the hand of the Khalifah in this case is prohibited.
Sauran lamuran kuwa, dokar ta kasance yadda take; wato, ikon cire alƙalin Madhalim yana hannun Khalifah, kamar yadda yake da ikon naɗa shi.
As for the remaining cases, the rule remains as it is; in other words, the power of removing the Madhalim judge is left to the Khalifah, just like his appointment.