第88条
Article 88
国家不义申诉法院(Madhalim)的法官由哈里发或最高法官任命。对其的问责、纪律处分和罢免,由哈里发进行;若哈里发授权最高法官行使此项权力,则由最高法官进行。然而,在其审理针对哈里发、行政助理或最高法官的申诉(Madhlamah)期间,他不得被罢免;在这种情况下,罢免他的权力属于不义申诉法院(Madhalim)。
The judge of the Court of Injustices (Madhalim) is appointed by the Khalifah, or by the Supreme Judge. His accounting, discipline and removal are done by the Khalifah or by the Supreme Judge if the Khalifah had given him the powers to do so. However he cannot be removed during his investigation of a Madhlamah against the Khalifah, or the executive assistants, or the Supreme Judge; rather the power to remove him in these circumstances is for the Court of Injustice Acts (Madhalim).
Madhalim的法官由哈里发任命,或由最高法官任命。这是因为Madhalim属于司法体系的一部分,因为它们是以强制执行的方式传达伊斯兰教法的裁决,而所有类型的法官都必须由哈里发任命。先知穆罕默德ﷺ的行为证实了这一点,因为他过去任命法官,正如前文所述。所有这些意味着,Madhalim的法官由哈里发任命,但如果哈里发在其任命条款中作出了相关规定,最高法官也可以任命Madhalim的法官。国家中心的主要不义法庭(Mahkamat Al-Madhalim)只允许审理由哈里发、其助手和最高法官所造成的不义案件。然而,各省的不义法庭分庭则审理由总督和其他国家雇员所造成的不义案件。哈里发有权赋予中央不义法庭任命和罢免其管辖下各省分庭Madhalim法官的权力。
The judge of Madhalim is appointed by the Khalifah, or by the Supreme Judge. This is because the Madhalim is part of the judiciary, for they are the conveying of the Shari’ah rule by way of enforcement, and all the types of judges must be appointed by the Khalifah. This is confirmed by the Messenger of Allah (pbuh)’s actions since he used to appoint the judges as was explained previously. All this means that it is the Khalifah who appoints the judge of Madhalim, yet the Supreme Judge could appoint the judge of Madhalim if the Khalifah made provisions for this in his appointment clause. It is allowed for the main court of injustices (Mahkamat Al-Madhalim) in the centre of the State to examine only the Madhalim that occurred from the Khalifah, his assistants and the Supreme Judge. However, the branches of the court of injustices in the provinces examine the Madhalim that occur from the governors and the other State employees. The Khalifah has the right to give the Central Court of Injustices the authority of appointment and removal of the Madhalim judges in the branch Madhalim courts that come under its authority in the provinces.