凡承担审判职责者，必须是穆斯林、自由人、成年人、神智健全、公正的人，并且是法学家（精通教法即伊斯兰教法者），同时懂得如何将律例运用于具体事件。至于承担申冤审理（Madhalim，即审理官员及权贵不公之案）的人，除上述条件外，还必须是男性，并且是穆智塔希德（即有能力自行推导教法、进行独立判断［Ijtihad］者）。

Whoever undertakes the responsibility of judgement must be a Muslim, free, adult, sane, just, a Faqih (person who knows jurisprudence/Fiqh), and aware of how to apply the rules to the events. And the person who undertakes the judiciary of injustices (Madhalim) in addition to the conditions mentioned, must also be male and a Mujtahid (capable of deriving his own Fiqh/conducting Ijtihad).

它的证据与前面关于最高审判官的证据相同，只是在审理纠纷的法官和设在伊斯兰事务监察（Hisbah）中的法官身份上，并不要求必须是男性，而是允许由女性担任法官，因为这不是统治职位，而是一种审判职位。换言之，她们传达的是伊斯兰教法的规定，而并非执行者。据此，有这样的圣训：“任何将其事务交给女人的民族，都不会成功。”

Its evidence is what was mentioned previously for the evidence for the Supreme judge, except that it is not a condition in the judge who settles the disputes and the judge of Hisbah to be male, rather it is permitted for the judge to be a woman, since it is not a position of ruling but rather a judge, in other words, they convey the Shari’ah rule while they are not the one who implements it. Accordingly, the narration. .» لَنْ ي فُْلِحَ قَ وْمٌ وَلَّوْا أَمْرَهُمُ امْرَأَة « .

“‘永远不会成功的民族，是那些让女人做他们统治者的民族。’”这段圣训由布哈里收录，并不适用于此处，因为它所针对的是执政，也就是统治。该圣训的背景是波斯人被一位女性统治。据艾布·伯克热传述，他说：“当先知穆罕默德ﷺ得知波斯人被基斯拉的女儿统治时，他说：”

“Never will succeed such a nation that makes a woman their ruler.” reported by Al-Bukhari, does not apply, since it is regarding governorship which is ruling. And the reason for the narration was when the people of Persia were ruled by a woman; it is narrated from Abu Bakrah who said “When the Messenger of Allah (pbuh) was notified that the people of Persia were ruled by the daughter of Kisra, he said:

. » لَنْ ي فُْلِحَ قَ وْمٌ وَلَّوْا أَمْرَهُمُ امْرَأَة « .

. » لَنْ ي فُْلِحَ قَ وْمٌ وَلَّوْا أَمْرَهُمُ امْرَأَة « .

“永远不会成功的民族，是那些让女人做他们统治者的民族。”（布哈里收录）。因此，这段圣训之所以如此措辞，其原因是文本中明确提到的一个具体事项，即统治，换言之，即权力；而司法并不属于权力。据此，这段圣训specifically针对统治，并不涵盖司法，原因有两点：

‘Never will succeed such a nation that makes a woman their ruler’” (reported by Al-Bukhari). So the reason for the words of the narration was a specific subject which was mentioned explicitly in the text of the narration, which is ruling, in other words, authority, and the judiciary is not an authority. Accordingly the narration is specific to ruling and does not encompass the judiciary, and that is for two reasons:

首先，与某一特定事项相关的文本，就如同回答某个问题的文本一样，因此必须使其针对该问题或事件的具体内容，而不能将其泛化到所有事项上。因为问题体现在回答之中；既然言辞针对某一特定事项，就必须将其限定于该事项，因为先知（愿主赐他平安）的话语与问题或事件相关联，而其裁定也与之相连。这与先知（愿主赐他平安）并非因某一事件而起、最初即如此说的情形不同，后者属于一般性的言辞，并与一般性相连。至于他的话语是针对某一特定事件的评论，或是对某一特定问题的回答，情况则有所不同。如果经文，即安拉（愿主赞颂他）的话语，或先知（愿主赐他平安）的话语，确定地与某一问题或事件相关联，那么其裁定无疑也与之相连。这是就源自某一问题或事件的那个事项而言的。而这并不是就提问者或事件所涉之人而言的，因为在这两者之中，所考虑的都是言辞的一般性，而不是特定的起因。正因如此，才有了起因与事项之间的区别：所考虑的是言辞的一般性，而不是特定的起因，因为言辞并不与起因相连，所以它们仍保持其一般性。这不同于事件或问题本身，即不同于事件所包含的事项或问题所包含的事项，因为言辞确定地与之相连，对此毫无疑问，既然该叙述仅为其而作，或因其而发，那么它便专属于该事项，而非一般性的。据此，所述的这段叙述。

Firstly, the text which is related in a specific subject is like the text which is an answer to a question, and so it is necessary to make it specific to the issue of the question or event, and it is not correct for it to be general in all issues, because the question is reflected in the answer, and because the words are in a specific subject it is necessary to limit them to that subject, since the word of the Messenger (pbuh) is connected to the question or event, and so the rule is connected to that. This is different than if the Messenger (pbuh) had said that initially (not in response to an event) in which case it would be general and connected to the generality. As for if his word is a comment upon a specific event, or an answer to a specific question, then the situation is different. If the text, in other words, the words of Allah (swt) or the words of the Messenger (pbuh) , were definitely connected to a question or event, then the rule is connected to that without any doubt. This is with respect to the subject that either came from a question or event. And it is not with respect to the questioner or whom the event occurred upon, since the consideration in both of them is given to the generality of the words and not to the specific cause. And this is why there is a difference made between the cause and the subject, so the consideration is to the generality of the words and not to the specific cause, since the words are not connected to the cause, and so they remain upon their generality. This is different to the event or question, in other words, different to the subject which was included by the event, or the subject which was included by the question, since the words are definitely connected to it, and there is no doubt in that, since the narration was only for its sake, or due to it, and due to this it is specific to the subject, and not general. Accordingly the narration.

. » لَنْ ي فُْلِحَ قَ وْمٌ وَلَّوْا أَمْرَهُمُ امْرَأَة « .

. » لَنْ ي فُْلِحَ قَ وْمٌ وَلَّوْا أَمْرَهُمُ امْرَأَة « .

“永远不会成功的民族，是那些让女人做他们统治者的民族”，这句话专指统治，并不涵盖司法领域。

“Never will succeed such a nation that makes a woman their ruler” is specific to ruling, and does not encompass the judiciary.

这是第一个理由。至于第二个理由，“让一个女人统治他们”这句话中的“统治”指的是治理权（governorship），而这是指统治者的权力（the governorship of the command）。而司法官不是统治者，也不是统治权意义上的统治者。因此，司法官不属于这段圣训所涵盖的范围，所以这段圣训并不包括司法权。

This is the first reason. As for the second reason, the words “makes a woman their ruler” are from governorship, and this is the governorship of the command, and the judge is not a governor, and is not a governor for the command. Accordingly the judge does not come under this narration, so the narration does not encompass the judiciary.

从对该圣训的指示（dalalah）角度来看，至于一名妇女担任法官是否被允许的问题，法官是一名雇员，与其他公务员一样。雇员可以是男性，也可以是女性，这是被允许的，《古兰经》云："如果她们为你们哺乳，你们就应当给她们报酬。"（TMQ 65:6）法官被任命去执行一项行动，即依照伊斯兰教法（Shari'ah）行事，换言之，就是告知争讼的双方对他们具有约束力的教法裁决；他并非被任命来实施伊斯兰教法。因此，雇员的定义适用于他，因为这是一种以报酬换取特定服务的契约。这与统治者相反，统治者不适用该定义，因为他不是与某项特定服务签订契约，而是被赋予执行伊斯兰教法的命令。正因如此，妇女不得担任统治者，因为统治者是命令的掌管者（Wali Al-Amr）。而妇女担任法官是被允许的，因为法官是雇员，而非统治者。

This is from the angle of the indication of the narration and as for the angle of the permission for a judge to be a woman, the judge is an employee like the rest of the civil servants. And it is permitted for an employee to be male or female; “And if they breastfeed for you, then give them their payment.” (TMQ 65:6). The judge is appointed to undertake an action according to the Shari’ah, or in other words, to inform the two disputing parties of the Shari’ah rule which would be binding upon them, and he is not appointed in order to implement the Shari’ah. Due to this the definition of the employee would apply to him, since it is a contract upon a service for compensation, which is opposite to the ruler since the definition would not apply to him, since he is not contracted over a specific service, rather he is given the command to execute the Shari’ah, and for this reason it is not permitted for a ruler to be a woman because he is a governor of a command (Wali Al-Amr). It is permitted for the judge to be a woman, since the judge is an employee and not a ruler.

关于法官的其余条件，其证据已在关于哈里发条件的章节中讨论过。同样，要求法官须为faqih（通晓教法）这一条件的证据，即是相关的圣训。

With regards to the rest of the conditions for the judge, their proofs were discussed in the section about the conditions of the Khalifah. Similarly the evidence for the condition that they be a faqih (to know jurisprudence) is the narration.

. "القضاة ثلاثة" .

. "القضاة ثلاثة" .

“The judges are of three kinds” until he said. .» وَرَجُلٌ قَضَى لِلنَّاسِ عَلَى جَهْلٍ فَ هُوَ فِي النَّارِ « .

“The judges are of three kinds” until he said. .» وَرَجُلٌ قَضَى لِلنَّاسِ عَلَى جَهْلٍ فَ هُوَ فِي النَّارِ « .

“以及一个无知地对人作出裁决的人，他将身处火狱之中”（由《逊南》记载，并由哈基姆从布赖德传述，并认定其为可靠的圣训）。

“and a man who passess judgement on the people in ignorance will be in hellfire” (reported in the Sunan and authenticated by Al-Hakim from Buraydah).

这是为希斯巴（Hisbah）司法和解决民众之间纠纷的司法机构而作的，在这些机构中，允许女性担任法官。至于不义申诉法院（Madhalim）的法官，则必须是男性，与最高法官一样，因为他的职责既包括裁决，也包括审判：他要对统治者进行裁决，并在统治者身上执行伊斯兰教法（Shari'ah）。因此，除了法官的其他条件（其中包括是法学家（Faqih））之外，他必须是男性。此外，他还必须是穆贾塔希德（Mujtahid）。因为在处理不义申诉（Madhalim）时，他可能需要审查统治者是否以非安拉（swt）所启示的方式进行统治，换言之，是否依据没有沙里亚依据的法律进行统治，或审查他所援引的依据是否与该事件相符。这类不义申诉只能由穆贾塔希德来处理，因为如果他不是穆贾塔希德，他就是在对自己知之甚少或完全不了解的事情作出判决，这是被禁止且不被允许的。因此，除了统治者和法官的条件之外，他还应当是穆贾塔希德。

This is for the judiciary of Hisbah and the judiciary that resolves the disputes between the people, where it is permitted for the judge to be a woman. As for the judge of the Court of Injustices (Madhalim), it is a condition that he is male, like the Supreme Judge, because his work is both ruling and judging, since he rules upon the ruler, and implements the Shari’ah upon him, and for that reason it is a condition that he is male along with the rest of the conditions of the judge, of which being a Faqih is one. However, in addition to that, it is a condition that he should be a Mujtahid, because as part of the injustices (Madhalim) he may be required to look into whether the ruler has ruled by other than that which Allah (swt) has revealed, or in other words, has ruled by a law that has no Shari'ah evidence, or to look into whether the evidence he used does not apply to the event. This type of injustice (Madhlamah) can only be dealt with by a Mujtahid, since if he were not a Mujtahid, he would be judging on something he knows little about or has no knowledge about at all, and that is forbidden and not permitted. Therefore, in addition to the conditions of the ruler and those of the judge, he should also be a Mujtahid.