哈里发从符合以下条件的人中任命最高法官来主管司法：男性、成年、自由人、穆斯林、神智健全、公正，并且通晓教法。如果他被授予任命和罢免麦兹拉姆法官的权力，并拥有在麦兹拉姆中作出裁决的权力，那么他必须是穆吉台希德。他有权任命法官，对其进行纪律约束，并在行政制度中将其罢免。至于法院其他文职人员，则隶属于负责法院事务的部门经理。

The Khalifah appoints a supreme judge to the judiciary from the male, adult, free, Muslim, sane, just people who know jurisprudence, and if he was given the power to appoint and remove the Madhalim judge, and had the power of judgement in the Madhalim, then he would have to be a Mujtahid. He would have the power to appoint judges, discipline them, and remove them as part of the administrative systems. As for the remainder of the civil servants of the courts, they are connected to the Department Manager who is responsible for the courts’ affairs.

原则上，哈里发可以在国家所有地区的某一事务上委任一名总督，正如他也可以在某一特定地区的某一事务上委任一名总督，类似于他可以在某一特定地区委任一名总督担任全面的职权。因此，正如哈里发可以授权一名负责圣战的首领、一名负责朝觐的首领、一名负责土地税的首领，他也可以授权一名负责司法的首领。他可以赋予该首领任命、罢免和惩戒法官的权力，正如他可以赋予圣战首领任命、罢免和惩戒士兵中的少校与下士的权力。基于此，哈里发可以任命一名最高法官，即司法领域的首领。这名最高法官，或者说司法首领，是统治者而非公务员，因为他是一名担任了总督职务的官员，也就是承担了统治职责，与任何负责某一事务的首领或总督并无二致。然而，他不被视为哈里发在司法方面的助手，因为他被赋予的是特定的职权，即仅限于司法的各项事务，因此他的任命只限于司法领域，不超出这一范围。至于助手，他被赋予的是涵盖所有事务的一般性职权，所以哈里发可以在一切事务上寻求他的协助，这与只能在司法范围内协助的最高法官不同。

The origin is that the Khalifah can appoint governors to a specific governorship upon one of the issues in all the parts of the State, just as he can appoint a governor to a specific governorship upon one of the issues in a specific location, similar to how he can appoint a governor to a general governorship in a specific location. So, just as the Khalifah can empower a leader for Jihad, and one for Hajj, and one over the land taxes, he can also empower a leader for the judiciary. He can give that leader the right to appoint judges, remove them and discipline them, in the same way that he can give the leader of Jihad the right to appoint Majors and Corporals over the soldiers, and discipline them and remove them. Due to this it is permitted for the Khalifah to appoint a Supreme Judge, or in other words, a leader over the judiciary. This Supreme Judge, or leader of the judiciary, would be a ruler and not a civil servant, since he is a governor who has undertaken a governorship - in other words, ruling - just like any leader or governor over any of the issues. However, he is not considered to be an assistant for the Khalifah in the judiciary because he was given a specific appointment, in other words, in all the issues of judiciary, and so his appointment is in the judiciary and does not go beyond that. As for the assistant, he is given a general appointment in all the issues, so the Khalifah can seek his help in all issues, unlike the Supreme Judge who can assist in the judiciary alone.

未经证实的是，先知（愿主福安之）是否任命过最高法官，正如未经证实的是，任何一位蒙受正道的哈里发（Khulafaa’ Ar-Rashidin）是否任命过最高法官一样。没有任何迹象表明，在各个地区，司法官员中有代理人在城镇和乡村执行司法，无论是在正道哈里发时期，还是在倭马亚王朝时期。哈里发第一次任命最高法官是在哈伦·拉希德（Harun Al-Rashid）时期，首位获得这一称号的法官是著名的穆占提德（Mujtahid）、艾布·哈尼法的弟子艾布·优素福法官。因此，哈里发可以任命一名被赋予任命和罢免法官权力的法官，这是被允许的行为，属于许可之事。

It is not confirmed that the Messenger (pbuh) appointed a Supreme Judge, in the same way that it is not confirmed that any of the righteous guided Khulafaa’ appointed a Supreme Judge. There is nothing that indicates that the judiciary in the territories used to have deputies who would carry out the judiciary in the towns and villages, neither in the time of the righteous guided Khulafaa’, and not even by the time of the Ummayads. The first appointment of a supreme judge by the Khalifah was at the time of Harun Al-Rashid, and the first judge to be given this description was the judge Abu Yusuf, the famous Mujtahid, who was a companion of Abu Hanifah. Accordingly, it is permitted for the Khalifah to appoint a judge who is given the power to appoint and remove judges; so it is from the permitted actions.

基于此,哈里发可以任命一名“最高法官”是被允许的。然而,其前提条件与法官和统治者的条件相同,因为他同时是法官和统治者,拥有任命法官和审理案件的权力。换言之,最高法官必须是男性、成年人、自由人、穆斯林、神智健全、公正,并且是精通教法的人。因为这里的能力条件意味着他应当懂得教法,其职责既包括对司法系统的管理,也包括审判的权力。先知ﷺ曾谴责那些无知而断案的人,并告诉我们他们将是火狱的居民。他说:

Based upon this it is permitted for the Khalifah to appoint a “Supreme Judge”. However, his pre-conditions are the same of those of the judge and the ruler, since he is a judge and a ruler since he has been given the power to appoint judges and to adjudicate in court cases. In other words, it is a condition for the Supreme Judge to be male, adult, free, Muslim, sane, just, and from the people who know the jurisprudence, since the condition of capability in this case means that he should know jurisprudence since his work is responsibility over the judiciary in addition to his powers of judging. The Messenger (pbuh) has blamed whoever judges with ignorance and informed us that they would be from the people of the hellfire; he said.

. » وَرَجُلٌ قَضَى لِلنَّاسِ عَلَى جَهْلٍ فَ هُوَ فِي النَّارِ « .

. » وَرَجُلٌ قَضَى لِلنَّاسِ عَلَى جَهْلٍ فَ هُوَ فِي النَّارِ « .

“一个人在无知的情况下对人作出裁决，他将下火狱”（由《逊南》的作者们引述，阿勒-哈基姆从布赖达那里将其判定为可信）。依据这段证据，法官必须是熟知教法学的人，才能被任用。若赋予最高法官任免麦兹兰（申冤法庭）法官的权力，以及在麦兹兰中裁决的权力，那么最高法官就应当是穆扎希德（独立立法者），因为这种裁决需要伊ither提哈德（独立推理），正如第78条所解释的那样。

“And a man who passess judgement on the people in ignorance will be in hellfire” (reported by the authors of the Sunan and Al-Hakim who authenticated it from Buraydah). From this evidence it is has been made a condition that the judge should be from the people who know the jurisprudence. The Supreme Judge should be a Mujtahid if he was given the power to appoint and remove the Madhalim judge, and the powers to judge in the Madhalim, since such a judgement requires Ijtihad as is explained in article 78.

关于文章中提到的为法院任命公务人员的问题，这些人属于雇员，而允许其任命的依据，就是雇用雇员的依据。

As for what is mentioned in the article about the appointment of civil servants for the courts, these people are employees and the evidence for the permission of their appointment is the evidence for the hiring of an employee.