第84条
Article 84
Muhtasib(监察官)是这样一位法官:在没有个人诉讼的情况下,他负责审理所有涉及公众权利、但不涉及哈杜德(法定刑罚)和刑事犯罪的案件。
The Muhtasib is the judge who investigates all cases, in the absence of an individual litigation, involving the rights of the public that do not involve the Hudud (proscribed punishments) and criminal acts.
本条是关于市场监察官(Hisbah,司法检查官)的定义,其依据是关于食物堆的那则圣训:先知(愿主赐福并使他平安)发现食物堆中有湿气,便下令将湿的食物放在堆的上面,以便人们看见。因此,这些是先知(愿主赐福并使他平安)所监察并据以裁决的人们的一般权利:他下令将潮湿的食物置于堆顶,以杜绝欺诈。这涵盖了此类性质的所有权利,但不包括哈德(Hudud)刑罚和刑事犯罪,因为它们不具有这种性质,并且此处的根本在于人与人之间的争议事项。
This article is the definition for the judge of the Hisbah, and it is taken from the narration regarding the heap of the food, since the Messenger (pbuh) found dampness in the heap of the food and ordered that it should be placed on top of the food so that the people could see it. Accordingly, these were the general rights of the people that the Messenger (pbuh) was looking into and judged upon by ordering the moist food to be placed on the top of the heap in order to remove any cheating. This encompasses all of the rights which are of this type, and does not encompass the Hudud and criminal acts, since they are not of this nature, and because the origin here is the disputed issues between people.