第90条
Article 90
法院(Mazalim,马札里姆)有权罢免国家内的任何统治者或公务人员,正如它有权罢免哈里发一样,只要消除不公(Madhlamah)需要这样做。
The Court of Injustice Acts (Madhalim) has the right to remove any ruler or civil servant in the State, in the same way that it has the right to remove the Khalifah, if the elimination of the Madhlamah required this removal.
本文阐明了不公法庭(Madhalim)在罢免统治者方面的权力。统治者是通过一份名为“委任合同”(Aqd al-Tawliyah)的合同任命的,该合同也称为“授权合同”(Aqd al-Tafwid)。哈里发拥有统治权即总督之权,也拥有授权之权即任命之权,而授权是一项只能以明确措辞完成的合同。因此,罢免哈里发所任命的统治者,就是终止该合同,而哈里发无疑保有这项权利,因为先知ﷺ曾任命总督并将其罢免,正统哈里发也任命总督并将其罢免。同样,哈里发也可以将任命和罢免之权授予他所任命的人。然而,不公法庭(Madhalim)并没有代表哈里发罢免统治者的权利,因为它并非代表哈里发进行任命和罢免,而是代表哈里发审理不公之事(Madhalim)。因此,如果该统治者在其辖区内的存在构成不公(Madhlama),法庭便有权消除这种不公(Madhlamah),换言之,有权将该统治者免职。所以,其罢免统治者的权力并非代表哈里发行使,而只是在消除不公(Madhlamah);据此,被判定应予罢免者即便哈里发不满意也会被罢免,因为在此情形下对其罢免是对不公(Madhlamah)的裁决,这适用于包括哈里发在内的所有人,因为法官的裁决对所有人都具有约束力。
This article clarifies the powers of the Court of Injustices (Madhalim) with respect to removal of the rulers, since the ruler is appointed by a contract, known as the Contract of Assignment which is also called the Contract of Empowerment. The Khalifah has the right of the governorship which is the ruling, and he has the right of empowerment which is the appointment, and the empowerment is a contract that can only be completed with direct wording. Therefore, the removal of the ruler appointed by the Khalifah would be a termination of that contract, and the Khalifah undoubtedly reserves that right since the Messenger (pbuh) appointed the governors and removed them. The righteously guided Khulafaa’ also appointed the governors and removed them. In the same manner the Khalifah could also delegate to those whom he appointed the right to appoint and remove. However, the Court of Injustices (Madhalim) does not have the right to remove the rulers on behalf of the Khalifah, for it does not act on his behalf in appointing and removal; it rather acts on his behalf in looking into the injustices (Madhalim). So if the presence of that ruler in his province was an injustice (Madhlama), the court has the right to remove that injustice (Madhlamah); in other words, it has the right to remove that ruler from office. Therefore, its power to remove the rulers is not done on behalf of the Khalifah, rather it is only removing the injustice (Madhlamah), and accordingly those who have been ruled upon to be removed are removed even if the Khalifah is not pleased with it, since his removal in this situation is the ruling upon the removal of an injustice (Madhlamah), and this applies to everyone including the Khalifah, since the ruling of the judge is a ruling for everyone.
至于其权力去罢免哈里发,它与裁决消除不公(Madhlamah)的情形相同:因为一旦出现使哈里发自动被罢免、或使其被罢免成为必然的某种情况,那么他继续在职就构成不公(Madhlamah)。而裁决不公的是不公审理院(Madalim),因此由它裁决罢免哈里发。所以,不公审理院罢免哈里发的裁决,就是旨在消除不公(Madhlamah)的裁决;如果消除不公(Madhlamah)要求将其罢免,那么就应当作出罢免他的裁决。
As for its powers to remove the Khalifah, in the same manner it is ruling upon the removal of an injustice (Madhlamah), since if one of the circumstances where the Khalifah is removed automatically or necessitated his removal occurs, then his remaining in office would be an injustice (Madhlamah). And it is the Court of Injustices (Madhalim) which rules upon the removal of the injustices (Madhalim), so it is the one who rules upon his removal. Therefore, the judgement of the Court of Injustices (Madhalim) to remove the Khalifah would be a judgement aimed at removing an injustice (Madhlamah), and so if removal of the Madhlamah necessitated his removal, the judgement for his removal would be given.