第89条
Article 89
对于"马扎立姆法院"(不公正行为法院)所任命的法官数量并无限制,哈里发可以根据需要任命其认为必要的任何数量的法官,以消除"马扎立姆"(不公正行为),而无论这一数量为多少。虽然允许多名法官同时出席一次庭审,但只有一名法官有权宣布判决。其他法官仅起协助和提供建议的作用,他们的建议不具有约束力。
There is no limit to the number of judges that can be appointed for the Court of Injustice Acts (Madhalim), rather the Khalifah can appoint as many as he may deem necessary to eradicate the Madhalim (injustice acts), whatever that number may be. Although it is permitted for more than one judge to sit in a court session, only one judge has the authority to pronounce a verdict. The other judges only assist and provide advice, and their advice is not binding.
关于马扎立姆法庭(Madhalim,不公正裁决法庭)的法官可以不止一人,其证据在于:哈里发被允许委任一名或多名副手代其行使职权。然而,如果马扎立姆法庭的法官有多人,他们审理不公之事的权力不可分割,因此他们每一位都有权审理不公之案。不过,哈里发可以指定某位法官仅负责某一省份的马扎立姆法庭事务,或指定其审理某一类案件,因为他有权授予对不公之事的普遍管辖权,也可以授予特定的管辖权。他可以按照自己的判断,授权某人管辖整个国家,或某个城市或地区。
The evidence that the judge of the Court of Injustices (Madhalim) can be more than one is that the Khalifah is permitted to appoint one or more deputies to act on his behalf. However, if there are a number of judges of the Court of Injustices (Madhalim), their power to look into the injustices (Madhalim) cannot be divided, so each one of them would have the right to look into the cases of injustices (Madhalim). The Khalifah is however allowed to specify a judge for the Court of Injustices (Madhalim) in one province, or to specify him to a certain type of case, because he has the right to give a general governorship over the injustices (Madhalim) or a specific governorship if he wished. He can give a governorship over the whole of the State, or over a city or region, as he sees fit.
关于担任不公审理院(Madhalim)的法官审理案件时应当独自审理这一点,原因在于前文提到的禁止同一案件由多位法官审理,而同一地区有多位法官则是允许的。不过,不公审理院的其他法官可以在庭上与他一同就座,仅作咨询之用,不参与判决。这取决于他的意愿与选择:如果他不喜欢这样,并反对他们与他同坐,那么他们就不应同坐,因为任何会分散法官审理工作注意力的人都不应与他同坐。但是,如果他离开了庭审,他应就该问题与他们商议。
As for the fact that when the judge of the Court of Injustices (Madhalim) looks into a case he should look into it on his own, this is because of what was mentioned earlier regarding the prohibition of having numerous judges in a single case, while it is permitted to have more than one judge in the same area. However, it is permitted for other judges of the Court of Injustices (Madhalim) to sit with him in court in a consultative capacity only, and they would not participate in the verdict. This is referred to his contentment and choice – so if he did not prefer that and opposed their sitting with him then they would not do so, since no one who distracts the judge from looking into his work should sit with him. However, if he left the court session he should consult them in the issue.