第85条
Article 85
muhtasib(监察官)有权在得知违法行为后即刻作出裁决,无论事发地点何在,也无需召开法庭庭审。他还可调配若干警察,供其执行命令、即时落实裁决。
The Muhtasib has the authority to judge upon violations as soon as he learns of them, irrespective of the location and without the need to hold a court session. A number of policemen are put at his disposal to carry out his orders and to execute his verdicts immediately.
本文阐明,对于所审案件,穆赫塔西卜无需设立司法法庭,而是在确信违法行为确已发生的那一刻即可作出裁决。他有权在任何地点、任何时间进行裁决,无论是在市场、在家中、在骑乘牲畜的背上,还是在汽车中,也无论是在白天还是夜间。这是因为,证明裁决案件须设立司法法庭的证据,并不适用于穆赫塔西卜,因为确立这一条件的圣训是这样说的。
This article clarifies that a judicial court would not be required for the Muhtasib to look into the case at hand, rather he passes the judgement upon the offence the moment he is sure that it took place, and he has the power to judge at any place and at anytime, whether in the market, in the house, while riding on the back of an animal or in the car, or during the day or night. This is because the evidence that confirms the need to have a judicial court in order to rule upon a case does not apply to the Muhtasib, because the narration which confirmed this condition states.
. » أَنَّ الْخَصْمَ يْنِ يَ قْعُدَانِ بَ يْنَ يَدَيِ الْحَكَمِ « .
. » أَنَّ الْخَصْمَ يْنِ يَ قْعُدَانِ بَ يْنَ يَدَيِ الْحَكَمِ « .
“两名诉讼当事人必须坐在法官面前”以及。
“that the two litigants have to sit in front of the judge” and.
. » إِذَا جَلَسَ إِلَيْكَ الْخَصْمَانِ « .
. » إِذَا جَلَسَ إِلَيْكَ الْخَصْمَانِ « .
“当两个诉讼人坐在你面前时”(艾哈迈德引述阿里(愿真主喜悦他))。这种情况在市场监察官(Hisbah)那里并不存在。因为既没有原告,也没有被告,而是存在被侵犯的公共权利,或存在对伊斯兰教法的违反。另外,当真主的使者ﷺ审理那堆食物的案件时,他当时正在市场里走动,食物正摆在那里出售。他没有把商贩叫到自己面前,而是一察觉违规,就当场处理。这表明市场监察(Hisbah)的案件不需要司法法庭。
“when the two litigants sit in front of you” (reported by Ahmad from Ali (ra)). This situation does not exist with the judge of the Hisbah. For there is no plaintiff and no defendant, but rather there is a public right that has been violated or there is a violation of the Shari’ah. Also, when the Messenger of Allah (pbuh) looked into the case of the heap of food, he was walking in the market at the time and the food was displayed for sale. He did not summon the vendor to him, but as soon as he detected the offence he dealt with it on the spot. This indicates that the cases of Hisbah do not require a judicial court.