第80条
Article 80
法庭应当只由一名拥有裁决权的法官组成。可以有一名或多名法官陪同他,但他们并不拥有裁决的权力,而只拥有咨询和发表意见的权力,他们的意见也不具有约束力。
The courts should be comprised of only one judge who has the authority to pronounce judgement. One or more judges are permitted to accompany him, however they do not have the authority of judgement but rather the authority of consulting and giving their opinion, and their opinion is not considered binding.
其证据是:使者(ﷺ)从未为同一案件任命两名法官,而是为每个案件只任命一名法官,这表明在同一案件中设置多名法官是不被允许的。此外,司法的实质是告知沙里亚的律例,而这一律例对人具有约束力;对单个穆斯林而言,沙里亚的律例不可能是多样的,因为它是安拉(SWT)的律例,而安拉(SWT)的律例是唯一的。诚然,对它可以有多种理解,但就穆斯林的行动而言,即依其行事而言,沙里亚的律例是单一的,绝不会是多样的。因此,凡不是他所理解的安拉(SWT)关于他自身的律例,对他而言便不是安拉(SWT)的律例,尽管在他看来它被视为沙里亚的律例。凡他通过效仿(Taqlid)所采纳并依之行动的,便被视为安拉(SWT)关于他的律例,而其他一切则不是安拉(SWT)对他的律例。当法官告知他安拉(SWT)关于他的律例,且此律例对他具有约束力时,这一告知必然是单一的,因为它是告知他对他有约束力的安拉(SWT)的律例;因此实际上他是依照安拉(SWT)的律例而行,而在实际行动的层面上,安拉(SWT)的律例不是多样的,即便对它的理解可以是多样的。据此,设置多名法官是不正确的,因为安拉(SWT)的律例不可能是多样的。
Its proof is that the Messenger (pbuh) did not appoint two judges to one case, but rather he would appoint a single judge for the single case, which indicates the impermissibility of having a multiplicity of judges in a single case. Additionally, the judiciary is the informing of the Shari’ah rule which is then binding, and the Shari’ah rule for the single Muslim is not multiple, since it is the rule of Allah (swt), and the rule of Allah (swt) is one. It is correct that there could be multiple understandings of it, but concerning the Muslim from the angle of action according to it, the Shari’ah rule is singular and is never multiple. So anything other than what he understood to be the rule of Allah (swt) concerning oneself is not the rule of Allah (swt) for him, though it is considered in his view to be a Shari’ah rule. Whatever he took by imitation (Taqlid), and then acted upon, is considered to be the rule of Allah (swt) concerning him, and anything else is not the rule of Allah (swt) for him. When the judge informs him of the rule of Allah (swt) concerning him, and this is binding upon him, it is necessary that this notification be singular since it is informing him of the rule of Allah (swt) which is binding for him, and so in reality he is acting according to the rule of Allah (swt), and the rule of Allah (swt) in the situation of practical action is not multiple, even though there may be multiple understandings. Accordingly it is not correct for there to be multiple judges, since it is impossible for the rule of Allah (swt) to be multiple.
这里所说的是针对单一案件而言,也就是在同一个法庭之内。至于国家层面,允许在同一地区设立两个各自独立的法院,分别审理各类案件,因为司法权是由哈里发授权的,这类似于代理,代理允许多人同时存在,因此允许在同一地区设有数位法官。如果争议双方无法就应向哪一个法院提起诉讼、或由哪位法官审理其案件达成一致,则原告的选择优先于被告的选择,案件应交由原告所选的法官审理,因为原告是在寻求自己的权利,而这一点优先于被告的考量。
This is with respect to the single case, or in other words, in a single courtroom. As for the country, it is permitted to have two separate courts dealing in all types of cases in one area, because the judiciary is delegated by the Khalifah, so it is like the proxy where plurality is permitted and thus it would be permitted to have several judges in one area. If the disputing parties could not agree on which court they should take their case to or which judge should look into their case, the choice of the plaintiff would outweigh that of the defendant and the case would be given to the judge of his choice, as he would be seeking his right and this outweighs the defendant.