第四十一条
Article 41
"相关的" is not needed here. Translation: ظلمات法院(Mazalim)是唯一有权裁定哈里发处境的变化是否使其丧失领导权的机构,也是唯一有权罢免他或对他予以警告的机构。 Correction: the court is called "Mazalim" (المظالم), meaning the court of grievances/injustices. Here is the clean translation: (马扎立姆法院)是唯一有权裁定哈里发处境的变化是否使其丧失领导地位的机构,也是唯一有权罢免他或对他予以警告的机构。
The court of the Madhalim (injustices) is the only authority that can decide whether the change in the situation of the Khalifah removes him from the leadership or not, and it is the only authority that has the power to remove or warn him.
证据表明,哈里发被罢免的原因以及其应被罢免的各种情形中的任何一项发生时,都属于对不义行为的申诉,因此必须予以罢免。同样,这也是需要确认的事项之一,所以必须在法官面前得到确立。由于不义法庭(Madhalim)是裁决消除不义的机构,其法官有权确认不义并作出裁决,因此不义法庭决定前述十种情形中是否有任何一种已经发生,以及哈里发是否应被罢免。
The evidence is that the occurrence of any issue from the issues that the Khalifah is removed for and those for which his removal is deserved, is a complaint from the injustices, and so it must be removed. And in the same manner it is one of the issues that require confirmation, and so it is imperative to be established in front of a judge. Since the court of Madhalim (injustices) is the one which rules to remove the injustices, and its judge is the one who has the power to confirm the injustice and rule upon it, accordingly the court of Madhalim decides whether any of the previous ten circumstances have occurred or not, and whether the Khalifah is removed.
然而,如果哈里发遭遇其中任何一种情况并自行退位,那么此事便告结束。如果穆斯林认为由于这种情况的发生,有必要将他罢免,而他却不同意,那么此事就应依据安拉的言辞提交裁决:“若你们对某事有争执,就应当把它交还安拉和使者。”(TMQ 4:59)换言之,如果你们与掌权者发生分歧,而这种分歧存在于掌权者与乌玛之间,那么把它交还安拉和祂的使者ﷺ,就是把它提交裁决,也就是提交麦兹俩姆法庭。
However, if the Khalifah is afflicted by any of the circumstances and removes himself, then the issue is closed, and if the Muslims see that it is necessary for him to be removed due to this situation occurring and he disagrees with them, then the issue is referred to judgement due to the words of Allah (swt). “And if you disagree over anything, refer it to Allah and the Messenger.” (TMQ 4:59); in other words, if you and the people of authority disagreed, and this is a disagreement between the person of authority and the Ummah, and to refer it to Allah (swt) and His Messenger (saw) is to refer it to judgement, or in other words, the court of the Madhalim.
马立阿林法庭有权限定解除对哈里发的控制或释放其于监禁的宽限期,在此期间临时领导者继续履职;此后,如果哈里发能够不受他人控制、不被监禁而行使其权力,则临时领导者的工作随之结束。若对哈里发的控制或监禁未能解除,法庭则裁定罢免他,临时领导者随即开始推选新的哈里发的程序。
The Madhalim court has the power to limit the period of notice to remove the mastery over him, or the period of grace for freeing him from imprisonment, during which the temporary leader would work, and after if the Khalifah then could carry out his powers without being under the mastery of others or imprisoned, then the work of the temporary leader would end. If the mastery over him or imprisonment did not end, then the court would rule to remove him, and the temporary leader would begin the process of appointing the new Khalifah.