第91条
Article 91
"Madhalim"法院(不公正申诉法院)有权审理任何不公正(Madhlamah)案件,无论该案件是否涉及国家官员、国家元首偏离伊斯兰教法(Shari'ah)规则的行为、对宪法中立法文本、法律(Qanun)以及国家元首所采纳框架内其他伊斯兰教法规则的解释,还是税收的征收,或其他任何事项。
The Court of Injustice Acts (Madhalim) has the authority to investigate any case of injustice (Madhlamah), irrespective of whether it is related to officials of the State, the Head of State’s deviation from the Shari’ah rules, interpretation of the legislative texts in the constitution, law (Qanun) and other Shari’ah rules within the framework adopted by the Head of State, or the imposition of a tax, or anything else.
它的证据在于:先知(愿主赐他平安)认为统治者定价是一种不公(Madhlamah),并且看到国家在安排人们从公共水源灌溉土地的次序上的做法,是一个可能导致不公(Madhlamah)的问题。这表明,统治者的行为若与真理或伊斯兰教法规定相违背,就是一种不公(Madhlamah);如果该行为与哈里发(国家元首)相关,便是不公,因为先知(愿主赐他平安)本人就是国家元首。若该行为与国家官员相关,同样是不公,因为他们是国家元首的代理人,因此它也与哈里发相关,因为其所涉及的是他们被委派执行的职责,而非他们个人。因此,关于定价的这段圣训证明,侵犯国家元首的行为是一种不公(Madhlamah),而不公审理院(Madhalim)是有权审查这些不公(Madhalim)的机构,这就是本文第一部分的证据。
Its evidence is that the Messenger (pbuh) considered that pricefixing by the ruler was an injustice (Madhlamah), and saw that the arrangements of the State in setting the order of people to irrigate their land from the public water was an issue that could lead to an injustice (Madhlamah). This indicates that the action of the ruler which contradicts the Truth or the Shari’ah rules is an injustice (Madhlamah) if it was connected to the Khalifah (Head of State), because the Messenger (pbuh) was the Head of State. And if it was connected to officials of the state it would also be an injustice (Madhlamah), because they are the delegates of the Head of State, and so it would also be connected to the Khalifah because it is connected to the action which they were delegated to and not to themselves as individuals. Accordingly, the narration regarding price fixing is evidence that the violation of the Head of State is an injustice (Madhlamah), and the Court of Injustices (Madhalim) is the entity which has the power to look into the injustices (Madhalim), which is the evidence for the first part of the article.