第75条
Article 75
司法是对具有约束力的裁决的宣布。它解决人们之间的纠纷,制止损害社会权益的行为;或者消除人民与统治体系成员之间产生的纠纷——包括从国家元首往下的统治者和公务员。
The Judiciary is the pronouncement of the rule that becomes binding. It settles the disputes between the people and prevents that which harms the community’s rights, or it eliminates the disputes arising between people and members of the ruling system – both rulers and civil servants – from the Head of State downwards.
司法的渊源及其合法性源于《古兰经》和圣训。至于《古兰经》,即真主(SWT)的话语。
The origin of the judiciary and its legitimacy is the Book and the Sunnah. As for the Book, the words of Allah (swt).
“以及你(穆罕默德ﷺ)应当依真主所降示的(经典)在他们之间作出裁决。”(古兰经 5:45),以及祂(SWT)的话语。
“And judge, [O Muhammad], between them by what Allah has revealed.” (TMQ 5:45), and His (swt) words.
“当他们被召唤到安拉和祂的使者那里,以便在他们之间进行裁决时。”(TMQ 24:48)
“And when they are called to [the words of] Allah and His Messenger to judge between them.” (TMQ 24:48).
至于圣行(Sunnah),使者(ﷺ)曾亲自担任司法之职,在人们之间进行裁决。例如布哈里(Bukhari)记载,穆圣的妻子阿伊莎('Aisha)(愿安拉喜悦她)说:
As for the Sunnah, the Messenger (pbuh) used to undertake the judiciary by himself and judge between the people, such as what Bukhari narrated from 'Aisha (ra), the wife of the Prophet (phuh) , that she said.