Mazolimlik ishlari sudi (Madholim) mazolimlik (Madholama) bilan bog'liq har qanday holatni tekshirish vakolatiga ega, bu holat davlat mansabdorlariga, Davlat rahbarining Shari'at qoidalaridan chetga chiqishiga, konstitutsiyadagi qonunchilik matnlarini talqin qilishga, qonun (Qonun) va Davlat rahbari tomonidan qabul qilingan doira ichidagi boshqa Shari'at qoidalariga, soliq solishga yoki boshqa biror narsaga aloqador bo'ladimi-yo'qmi, farqi yo'q.

The Court of Injustice Acts (Madhalim) has the authority to investigate any case of injustice (Madhlamah), irrespective of whether it is related to officials of the State, the Head of State’s deviation from the Shari’ah rules, interpretation of the legislative texts in the constitution, law (Qanun) and other Shari’ah rules within the framework adopted by the Head of State, or the imposition of a tax, or anything else.

Its evidence is that the Messenger ﷺ considered that price-fixing by the ruler was an injustice (Madhlamah), and saw that the arrangements of the State in setting the order of people to irrigate their land from the public water was an issue that could lead to an injustice (Madhlamah). This indicates that the action of the ruler which contradicts the Truth or the Shari'ah rules is an injustice (Madhlamah) if it was connected to the Khalifah (Head of State), because the Messenger ﷺ was the Head of State. And if it was connected to officials of the state it would also be an injustice (Madhlamah), because they are the delegates of the Head of State, and so it would also be connected to the Khalifah because it is connected to the action which they were delegated to and not to themselves as individuals. Accordingly, the narration regarding price-fixing is evidence that the violation of the Head of State is an injustice (Madhlamah), and the Court of Injustices (Madhalim) is the entity which has the power to look into the injustices (Madhalim), which is the evidence for the first part of the article.

Its evidence is that the Messenger (pbuh) considered that pricefixing by the ruler was an injustice (Madhlamah), and saw that the arrangements of the State in setting the order of people to irrigate their land from the public water was an issue that could lead to an injustice (Madhlamah). This indicates that the action of the ruler which contradicts the Truth or the Shari’ah rules is an injustice (Madhlamah) if it was connected to the Khalifah (Head of State), because the Messenger (pbuh) was the Head of State. And if it was connected to officials of the state it would also be an injustice (Madhlamah), because they are the delegates of the Head of State, and so it would also be connected to the Khalifah because it is connected to the action which they were delegated to and not to themselves as individuals. Accordingly, the narration regarding price fixing is evidence that the violation of the Head of State is an injustice (Madhlamah), and the Court of Injustices (Madhalim) is the entity which has the power to look into the injustices (Madhalim), which is the evidence for the first part of the article.

Ikkinchi qismga kelsak, ya'ni konstitutsiya yoki qonunlar uchun matnni tekshirish masalasiga — bu tekshiruv asosiy qonun bo‘lgani uchun, qonun esa hokimiyatning buyrug‘i bo‘lgani uchun, demak uni tekshirish hokimiyatning buyrug‘ini tekshirishdir. Shu sababli u narx belgilash to‘g‘risidagi rivoyat doirasiga kiradi, chunki bu Xalifaning amallarini tekshirishdir. Bundan tashqari, Alloh (SWT) shunday degan:

As for the second part, which is the investigation into a text for the constitution or canons, it is because the constitution is the basic law, and the law is the order of the authority, and so investigating it is investigating the order of the authority. Therefore, it comes under the narration regarding price fixing since it is an investigation of the actions of the Khalifah. Above and beyond that, Allah (swt) said,.

“Va agar biror narsada ixtilofga tushsangiz, uni Allohga va Rasulga qaytaring”, ya’ni agar siz va hukmdor vakillari biror masalada ixtilofga tushsangiz. Konstitutsiya yoki qonunning biror moddasi haqidagi ixtilof – fuqarolar bilan hokimiyat egalari o‘rtasidagi, shar’iy hukm yuzasidan bo‘lgan ixtilofdir, shu sababli u Alloh (SWT) va Uning Rasuliga qaytariladi. Alloh (SWT) va Uning Rasuliga qaytarish – uni Mazolim sudiga, ya’ni Alloh (SWT) va Uning Rasuli ﷺ hukmiga qaytarishdir.

“And if you disagree over anything, refer it to Allah and the Messenger.” (TMQ 4:59), or in other words, if you and those in authority differed over something. Differing over an article of the constitution or law is a difference between the subjects and the people of authority regarding a Shari’ah rule, and so it is referred to Allah (swt) and His Messenger – referring to Allah (swt) and His Messenger is referring it to the Court of Injustices (Madhalim), in other words, to the judgement of Allah (swt) and His Messenger .

Maqolaning uchinchi qismiga ko‘ra, Rasululloh ﷺ shunday deganlar,

With regards to the third part of the article, the Messenger (pbuh) said,

. » مَنْ أَخَذْتُ لَهُ مَالاً فَ هَذَا مَالِي فَ لْيَأْخُذْ مِنْه « .

. » مَنْ أَخَذْتُ لَهُ مَالاً فَ هَذَا مَالِي فَ لْيَأْخُذْ مِنْه « .

"Kimdan men mol-mulkini olgan bo‘lsam, u ham mening mol-mulkimdan olsin", deb Abu Ya’la Al-Fadl ibn Abbosdan rivoyat qilgan va u (Al-Fadl) shunday degan:

“Whoever I took property from, let him take from my property” reported by Abu Ya’la from Al-Fadl Bin Abbas, and he said,

. وَإِنِّي لأَرْجُو أَنْ أَلْقَى اللَّهَ وَلا يَطْ لُ بُنِي أَحَدٌ بِمَ ظْلِمَةٍ ظَلَمْ تُ هَا إِيَّاهُ فِي دَمٍ وَلا « » مَالٍ .

. وَإِنِّي لأَرْجُو أَنْ أَلْقَى اللَّهَ وَلا يَطْ لُ بُنِي أَحَدٌ بِمَ ظْلِمَةٍ ظَلَمْ تُ هَا إِيَّاهُ فِي دَمٍ وَلا « » مَالٍ .

“Va men umid qilamanki, Allohga shunday holda ro‘baro‘ bo‘laymanki, sizlardan hech kim men tomonimdan qon yoki mol borasida qilingan zulm uchun menga da’vo qilmaydi”, (Ahmad Anasdan rivoyat qilgan). Shunday ekan, Xalifaning raiyatdan haqsiz ravishda mol olishi zulm (Mazolim) hisoblanadi, va Shariat raiyatga yuklamagan molni olish ham zulm (Mazolim) hisoblanadi. Shu sababli Mazolim sudi soliqlarni tekshirishga haqli, chunki ular raiyatdan olingan moldir. Soliqlarni tekshirishdan maqsad faqat shu: ushbu soliq Shariat tomonidan musulmonlarga qonuniy ravishda yuklanganmi yoki yo‘qmi. Masalan, muhtojlarni boqish uchun olingan pul zulm hisoblanmaydi. Ammo Shariat yuklamagan soliq, masalan, zarur deb hisoblanmagan to‘g‘on qurish uchun olingan pul esa zulm bo‘ladi va uni bartaraf etish kerak. Mana shu sababli Mazolim sudi soliqlarni tekshirish vakolatiga ega.

“And I am hopeful that I will meet Allah and none of your are seeking (recompense from) me for injustice (I inflicted) involving blood or wealth,” (reported by Ahmad from Anas), and so the taking of wealth from the subjects by the Khalifah without right is considered an injustice (Madhlamah), and to take the wealth which the Shari’ah did not obligate upon the subjects is an injustice (Madhlamah), and due to this the Court of Injustices (Madhalim) can investigate the taxes since they are wealth taken from the subjects. Its investigation into the taxes is only to see whether that tax is lawfully obliged by Shari’ah upon the Muslims, such as the money taken to feed the needy, which would not be an injustice (Madhlamah), or whether that tax is not obliged by the Shari’ah, such as money taken to build a dam that is not considered essential, which would ,therefore, be an injustice (Madhlamah) that has to be removed. This is why the Court of Injustices (Madhalim) has the power to examine taxes.