在伊斯兰司法体系中并不设上诉法院，也没有最高法院（撤销法院），因此就案件的审理方式而言，司法只有一级。法官一旦作出判决，即具有约束力，除非他是依据伊斯兰教法以外的标准作出判决，或违背了《古兰经》、圣训或圣门弟子的一致意见（公议）中的明确经文，或者明显看出他作出的判决与事实情况不符，否则该判决不能被另一位法官的判决推翻。

There is no court of appeal, and no court of cassation, so the judiciary, as far as the method by which the cases are treated, is of a single level. If the judge pronounced a verdict, it would become binding, and it cannot ever be annulled by the verdict of another judge unless he ruled by other than Islam, or contradicted a definite text from the Quran, Sunnah or Ijmaa’ of the companions, or it became clear that he gave a verdict that contradicted the reality of the situation.

本文阐明，法官的判决不得被撤销，无论是法官本人还是其他任何法官都不能撤销。判决不被撤销的证据是，众圣门弟子对此达成了一致（Ijma’）。艾布·伯克尔（ra）依据其Ijtihad（独立推理）对一些问题作出判决，欧麦尔（ra）与他意见不同，但并未撤销其判决；阿里（ra）与欧麦尔（ra）在其Ijtihad上意见不同，也未撤销其判决；阿里（ra）既不同意艾布·伯克尔（ra），也不同意欧麦尔（ra），同样没有撤销他们的判决。奈季兰的居民来见阿里（ra）说：“信士的领袖啊，裁决权在您手中，赦免权也在您的口中。”他说：“你们真可悲！欧麦尔是得到正确引导的人，我不会推翻欧麦尔所作的判决。”据报道，欧麦尔（ra）曾判定，在共同继承中，同父异母兄弟的权利被取消；随后他又命令他们享有一份，并说：“那个判决适用于那个情形，这个判决适用于这个情形。”尽管两个判决相互矛盾，他仍然执行了两个判决。这一点由伊本·古达玛在《Al-Mughni》中引述，并由Al-Bayhaqi引自阿尔-哈坎·本·麦斯欧德·阿尔-萨加菲。他还就祖父的情形作出了不同的判决，但他从未推翻先前的任何判决，正如Al-Bayhaqi在《Al-Sunan Al-Kubra》中所记载的。

This article explains that the ruling of a judge cannot be annulled, neither by himself nor by any other judge. The evidence that the ruling of the judge is not annulled is that the companions had an Ijma’ upon it. Abu Bakr (ra) ruled in the issues according to his Ijtihad, and Umar (ra) differed with him and did not annul his rulings, and Ali (ra) differed with Umar (ra) in his Ijtihad and did not annul his rulings, and Ali (ra) disagreed with both Abu Bakr (ra) and Umar (ra) and did not annul their rulings. The people of Najran came to ‘Ali (ra) and said “O leader of the believers, the judgement is in your hands and your pardon is with your own tongue”. He said: “Woe to you, Umar was rightly guided and I will not reverse a judgement pronounced by Umar.” It has been reported that Umar (ra) judged that in the shared inheritance, the rights of brothers from the father’s side are abrogated. He then ordered that they have a share, and then said “That sentence applies to that case and this sentence applies to this one”, and he executed both sentences despite the contradiction. This was mentioned by Ibn Qudamah in Al-Mughni and Al-Bayhaqi from Al-Hakam Bin Mas’ud Al-Thaqafi. He also judged differently in relation to the grandfather and he never reversed any of the earlier sentences, as is mentioned by Al-Bayhaqi in Al-Sunan Al-Kubra.

至于有关舍然哈（法官）在两位堂兄弟的案件中作出判决的记载，其中一人是母亲的兄弟之一，判决遗产应归这位兄弟所有，此事被呈报给阿里（愿安拉喜悦他），他说："把他带来见我。"那人来到后，他问他："你在安拉的经典中哪里找到这一条？"他回答说，安拉（SWT）说：

As for what has been reported about Shurayh (the judge) having judged in the case of two paternal cousins, where one of them was one of the mother’s brothers, that the estate should go to the brother, this was referred to Ali (ra) who said “Bring him to me”. When he came he said to him “Where in the Book of Allah did you find this?" He said Allah (swt) says,

“但血缘亲属在真主的法令中，彼此更有权获得继承。”（《古兰经》8:75），于是阿里（愿主喜悦他）对他说：“真主也这样说。”

“But those of [blood] relationship are more entitled [to inheritance] in the decree of Allah.” (TMQ 8:75), so ‘Ali (ra) said to him “Allah also says.

“而若有男子或女子无父母子女，却有一个兄弟或姐妹，则他们每人可得六分之一。”（TMQ 4:12），据某些传述，他随后撤回了自己的裁决。伊本·古达马在《穆格尼》司法一章中对此作出回应，说：“并未确证阿里撤回了他的裁决；但即便确证，也可能是阿里确信自己的裁决与他所提及的那段经文相违，因而废止了自己的裁决。”已确证的是，圣门弟子们依照自己的伊智提哈德（独立推理）对问题作出裁决，哈里发在艾布·伯克尔（愿真主喜悦他）、欧麦尔（愿真主喜悦他）和阿里（愿真主喜悦他）的时代，也会与他们在伊智提哈德上有所不同，而他们之中没有人推翻他人的裁决。又已确证，欧麦尔（愿真主喜悦他）在同一问题上作出过相反、不同的裁决，并且执行了所有这些裁决，没有以后一个裁决推翻前一个裁决，尽管二者相互矛盾；并且已确证他就此说过：“那句话适用于那种情况，这句话适用于这种情况。”（伊本·古达马在《穆格尼》中提及，拜哈基从哈凯姆·本·马斯欧德·萨卡菲的传述中引用）。这表明法官的裁决不可撤回。伊本·古达马在《穆格尼》中说：“至于若他的伊智提哈德发生了变化，而这种变化并未与经文或公议相违；或者他的伊智提哈德与先前之人的伊智提哈德不同，他不应仅因其不同而撤回它，因为圣门弟子们在这一点上已有公议。”

“And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth.” (TMQ 4:12), and he then reversed his ruling as is mentioned in some narration. Ibn Qudamah replies to this in Al-Mughni in the chapter of the judiciary saying “It is not confirmed that Ali reversed his ruling, but if it was confirmed it may be that Ali was certain that he contradicted the text of the Quran in the verse which he mentioned and ,therefore, he voided his ruling”. It is confirmed that the companions used to rule in issues according to their Ijtihad and that the Khalifah used to differ with them in their Ijtihad in the eras of Abu Bakr (ra), Umar (ra) and ‘Ali (ra), and none of them would annul the rulings of the other. And it is confirmed that Umar (ra) ruled by opposite and different rulings in single issues, and would execute all of the rulings and not reverse the first ruling by the second one even though they were contradictory, and it is confirmed that he said regarding this “That sentence applies to that case and this sentence applies to this one” (mentioned by Ibn Qudamah in Al-Mughni and Al-Bayhaqi from Al-Hakam b. Mas’ud Al-Thaqafi). This indicates the irreversibility of the judge’s rulings. Ibn Qudamah said in Al-Mughni: “As for if his Ijtihad changed without contradicting a text or an Ijma’, or if his Ijtihad differed from the Ijtihad of those before him, he should not reverse it just because it is different, for the companions have an Ijma’ on that”.

关于从欧麦尔·本·哈塔卜(愿主喜悦他)致阿布·穆萨的信中所传的内容,他的原话是:"不要让你昨天所做的判决(你曾重新考虑并得到正确的引导)阻止你回归真理,因为真理是古老的(Qadim),回归真理胜过持续于虚妄。"这段话由拜哈基在《圣训集·甘坦》中引自赛义德·本·阿比·布尔达,由赫推布·巴格达迪在《历史》中引自赛义德·本·阿比希,由达拉库特尼引自阿布·马利赫·哈塔利。信中的本意是:如果你昨天作出了判决,之后发现它是错误的,不要因此而不去纠正它,在另一个案件中作出不同的判决。这并不意味着你应当废止昨天的判决。正因如此,欧麦尔(愿主喜悦他)说的是"回归真理",而没有说撤销你的判决。回归真理就是放弃错误的见解,采纳正确的见解。因此,这封信并不能作为允许废止判决的证据。这也是为什么在伊斯兰教中没有所谓的"判例法"。换言之,不能说在某类案件中判决应当如何。若某案件已作出某种裁决,该裁决并不约束其他人必须依此判决。如果另一位法官认为新的裁决更为正确,他被允许对类似案件作出不同的判决。至于那个已经判决的案件本身,则应适用安拉(至尊至大)的律例,因此法官不得废除或改变该律例。这也是为什么伊斯兰教中没有上诉法院,也没有最高上诉法院。从程序的角度来看,司法机关应处于同一层级。伊斯兰教法原则指出:"一个伊贾提哈德不能被另一个伊贾提哈德所废除。" 因此，任何一位穆智台希德（Mujtahid）都不能成为另一位穆智台希德的权威依据，所以设立可以推翻其他法庭判决的法庭，也是不被允许的。

As for what has been narrated from the message of Umar Bin Al-Khattab (ra) to Abu Musa from his words “Do not allow a judgement you passed yesterday, which you reviewed and gained the right guidance, to prevent you from returning to the truth, for the truth is Qadim (old), and to return to the truth is better than to continue with the falsehood” as reported by Al-Bayhaqi in Al-Sunan from Sa‘id Bin Abi Burdah, and Khatib Al-Baghdadi in Al-Tarikh from Sa‘id Bin Abihi, and Al-Daraqutni from Abu ’l-Malih Al-Hathali, what was intended in the letter was if you passed a judgement yesterday and then realised that it was wrong, do not let this stop you from changing it and passing a different judgement in another case. It does not mean that you should annul yesterday’s judgement. That is why Umar (ra) said “to return to the truth” and he did not say to reverse your judgement. To return to the truth means to abandon the wrong opinion and adopt the right one. Therefore, the letter does not serve as evidence that it is permissible to annul a judgement. This is why in Islam there is nothing called judicial precedent. In other words, there is no place to say that in such and such a case the judgement would be so and so. If a certain verdict was passed on a particular case, that verdict does not oblige anyone else to judge accordingly. It is rather permitted to pass a different judgement on a similar case by a different judge if he thinks that the new ruling is more correct. As for the case itself, the rule of Allah (swt) would have been applied to it, ,therefore, the judge would be forbidden from annulling that rule or changing it. This is why there are no courts of appeal in Islam, and nor there is any court of cassation. The judiciary, from the point of view of process, should be of the same level. The Shari'ah principle states: “Ijtihad is not annulled by another Ijtihad.” So no Mujtahid could serve as an authoritative source for another Mujtahid, and thus it would be forbidden to have courts that annul the judgements of other courts.

然而,如果法官没有依照伊斯兰教法的规定进行裁决,而是依据库夫尔(Kufr),或者依据与《古兰经》、圣训或同伴的一致意见(Ijma')明确经文相抵触的规定进行裁决,或者与事实真相相抵触,例如在杀人案中判处Qisas(同态复仇),而后真正的凶手显现出来,那么在这些情况以及类似情况下,法官的裁决即告无效。这是基于先知穆罕默德ﷺ的话语。

However if the judge did not rule by the Islamic Shari’ah rules, and ruled by Kufr, or by what contradicts a definite text from the Quran, Sunnah or Ijma’ of the companions, or what contradicts the reality of the situation, such as giving a ruling of Qisas as a result of killing someone, and then the real killer became apparent, then in these situations and similar the rule of the judge is nullified. This is due to the words of the Messenger of Allah (pbuh).

. » مَنْ أَحْدَثَ فِي أَمْرِنَا هَذَا مَا لَيْسَ فِيهِ فَ هُوَ رَد « .

. » مَنْ أَحْدَثَ فِي أَمْرِنَا هَذَا مَا لَيْسَ فِيهِ فَ هُوَ رَد « .

“凡在我们的这件事（伊斯兰教）中引入不属于它的东西，那就必遭拒绝。”（布哈里和穆斯林从阿伊莎（愿主喜悦她）处转述；艾布·达乌德从哲比尔处转述。）

“Whoever introduces into this matter (Islam) of ours something which does not belong to it, then it is rejected” (reported by Al-Bukhari and Muslim from Aishah(ra)). And it is reported by Abu Dawud from Jabir.

. فَجُلِدَ الْحَدَّ، ثُمَّ أُخْبِرَ أَنَّهُ مُحْصَنٌ أَنَّ رَجُلاً زَنَى بِامْرَأَةٍ، فَأَمَرَ بِهِ النَّبِيُّ « » فَأَمَرَ بِهِ فَ رُجِمَ .

. فَجُلِدَ الْحَدَّ، ثُمَّ أُخْبِرَ أَنَّهُ مُحْصَنٌ أَنَّ رَجُلاً زَنَى بِامْرَأَةٍ، فَأَمَرَ بِهِ النَّبِيُّ « » فَأَمَرَ بِهِ فَ رُجِمَ .

一名男子与一名女子通奸，于是使者（愿主赐福并使其平安）命人鞭笞他；随后有人告知他已经结婚，于是他下令将此人用石头砸死。”这段记载见于马立克·本·艾奈斯的《穆宛塔》。

“A man committed fornication with a woman, so the Messenger (pbuh) commanded that he be lashed, then he was told that he was married, and so he commanded that the man be stoned.” and Malik Bin Anas reported in Al-Muwatta.

“一名女子生下一个六个月大的婴儿，被带到奥斯曼·本·阿凡面前，他下令将她用石头打死。阿里对他说：她不该受此刑罚，因为安拉在祂的经典中说：“他怀孕和断奶的期限是三十个月。”（古兰经 46:15）祂又说：“母亲们应当为愿意完成哺乳期的人哺乳整两年。”（古兰经 2:233）这意味着怀孕可以只有六个月，所以她不应被打死。奥斯曼派人去找她，却发现她已经被打死了。”阿卜杜·拉札格引述伊玛目·赛富梵·苏里的话：“如果法官的判决与安拉的经典、使者ﷺ的圣训，或已达成共识的事项相违背，那么接替他的法官应当撤销该判决。”

“A woman who gave birth to a six-month baby was brought to ‘Uthman Bin ‘Affan and he ordered that she be stoned. Ali said to him: she does not deserve that since Allah said in His Book: “And his gestation and weaning [period] is thirty months.” (TMQ 46:15) and He said “Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period].” (TMQ 2:233) which means that the pregnancy can be six months, and so she is not to be stoned. ‘Uthman sent for her, but found that she had already been stoned.” And ‘Abd Al-Razzaq reported from Imam Al-Thawri “if a judge ruled in contradiction to the Book of Allah, or the Sunnah of the Messenger of Allah (pbuh) , or something agreed upon, then the judge after him should nullify it”.

有权撤销这些裁决的，是申冤法庭（Madhalim）的法官。

The one who has the power to nullify these rulings is the judge of the Madhalim.