10.3.7 Nada Alƙalai
10.3.7 The Appointment of Judges
Ana halatta a nada alƙalai da muhtasib a matsayin gaba ɗaya, don yin hukunci a kan dukkan al'amura a ko'ina cikin ƙasa. Haka kuma ana halatta a naɗa shi a matsayin takamaimai, inda takamaiman ɗin zai iya kasancewa na wuri ko kuma bisa wani nau'in shari'a. Wannan yana bisa ga ayyukan Manzon Allah ﷺ, domin ya naɗa ʿAli ibn Abi Talib a matsayin alƙali a kan Yemen, da Muʿadh ibn Jabal a matsayin alƙali a kan wani yanki na Yemen; ya kuma naɗa ʿAmr ibn al-ʿAs a matsayin alƙali a wani takamaimen al'amari guda ɗaya. Wannan shi ne abin da ya shafi alƙalin muhtasib da alƙalin ʿAam.
It is permitted to appoint the judges and the muhtasib in a general capacity, to judge on all matters all over the country. It is also permitted to appoint him in a specific capacity, where the specification could either be geographic or according to a certain type of judiciary. This would be in accordance with the actions of the Messenger of Allah (saw), for he appointed ‘Ali ibn Abi Talib as judge over Yemen, and Mu‘adh ibn Jabal as judge over an area of Yemen; he also appointed ‘Amr ibn al-A’as as judge in one specific matter. This is as far as the qadi muhtasib and the qadi ‘Aam are concerned.
Game kan qadi na madhaalim, ana halatta a nada shi ga dukkan kasar, ko kuma a takaita shi ga wani yanki na musamman, domin Manzon Allah ﷺ ya nada Rashid ibn Abdillah a matsayin Amir na shari'a da madhaalim a cikin imara inda aka nada shi. Amma takaita qadi na madhaalim ga wasu al'amura kawai haramun ne, domin Manzon Allah ﷺ bai yi haka ba, kuma saboda aikinsa shi ne bincikar korafe-korafen mutane da kawar da dalilansu, don haka ba zai yiwu a kebe shi da wani nau'in al'amari ba, domin korafe-korafe ba za a iya raba su ba. Haka kuma, baya ga kasancewarsa alkali mai bincikar madhaalim, shi ma mai mulki ne wajen kawar da musabbabin madhaalim, kuma mulki ba ya rabuwa. Don haka mai mulki ba ya kebewa da wani nau'in mulki, watau ba za a takaita shi da hukunta wasu al'amura ba, a hana shi hukunta wasu, illa dai a takaita shi ga wani yanki kawai.
As for the judge of madhaalim, it is permitted to appoint him for the whole country or to confine him to a specific area, for the Messenger of Allah (saw) appointed Rashid ibn Abdillah as Amir of the judiciary and the madhaalim over the imara where he was appointed. As for the confining of the judge of madhaalim to certain matters, this is forbidden, for the Messenger of Allah (saw) did not do so, and because his duty would be to look into the complaints of the people and remove their causes, thus specialisation would not be feasible, for the complaints cannot be partitioned. Also, in addition to him being a judge looking into the madhaalim, he is also a ruler in removing the causes of the madhaalim, and the rule cannot be partitioned. Thus the ruler does not specialise in the rule, i.e. he cannot be confined to ruling over certain matters and be restricted from ruling over other matters, he can only be confined to an area.
Idan aka nada shugaba, sai ya samu iko na wajibi da izinin duba dukkan al'amura, to haramun ne a takaita ko a raba ayyukan mulkinsa. Haka nan ya shafi alkalin madhaalim: nadinsa zai zama na gaba ɗaya dangane da shari'a. Sai dai ana iya takaita shi ga wani yanki na musamman, kamar yadda ake takaita wali ga wata wilaya ta musamman. Wannan ba raba mulkinsa ba ne, illa ƙayyade wilaya, kuma ko ina ne kuma wane irin wilaya ce, ba za a iya raba mulkin wannan wilaya ba. Haka za a naɗa alkalin madhaalim a kan wilayar madhaalim, wannan wilaya kuwa ta gaba ɗaya ce, don haka ba daidai ba ne a raba faɗin wilayarsa. Wannan yana zama shaida cewa ba a naɗa shi sai da nadi na gaba ɗaya dangane da shari'ar madhaalim.
When a ruler is appointed and he acquires the mandatory powers and the authority to look into all matters, it is forbidden to restrict and categorise his duties of rule. The same applies to the judge of madhaalim - his appointment would be general as far as the judiciary is concerned. He can, however, be confined to a specific area just as for the confinement of the wali to a special wilayah. This would not be a partition of his rule but a specification of the wilayah, and no matter where and what type of wilayah it is, the rule of that wilayah cannot be partitioned. The judge of madhaalim would be appointed similarly over the wilayah of madhaalim, and this wilayah is general, therefore it would be wrong to partition the domain of his wilayah. This serves as evidence that he should not be appointed except with a general appointment as far as the judiciary of madhaalim is concerned.