第94条
Article 94
允许被赋予特定职责者(如监护人或保护人)或一般职责者(如哈里发、统治者、公务员、穆塔西卜或不义诉讼法庭(Madhalim)法官)在其权限范围内,指定一人代替其履行职位,但仅限于诉讼与辩护方面,无论他们是原告还是被告,均无区别。
It is permitted for the one who has been vested with a specific responsibility, like a custodian or guardian, or general responsibility such as the Khalifah, ruler, civil servant, Muhtasib, or judge of the Court of Injustice Acts (Madhalim), to appoint a person to his position as a proxy - within the bounds of his authority – in disputes and defence alone, and there is no difference whether they were the plaintiff or defendant.
其依据与委托代理的依据相同:因为一个人可以委托他人代表自己处理他所掌控的事务,例如买卖和诉讼,同样地,他也可以委托他人代表自己处理他作为他人代理所掌管的事务。因此,若代理人被授权可以委托他人处理其所受委托之事,那么他也可以就其因受托而掌控的事务委托他人为自己代理。据此,监护人可以委托他人代表自己处理其所监护之人的财产;同样地,瓦合夫的管理人也可以委托任何他想委托的人处理其掌控之下的一切事务,例如出租瓦合夫财产等。与他们相似的还有统治者,他可以委托任何他想委托的人处理他所掌控的任何事务。但如果统治者是哈里发,情况则有所不同:哈里发可以委托任何他想委托的人,因为他掌控着一切事务,所以他就如同为自己委托的人一样。而哈里发之外的任何人,即他的代表,如助手、总督和部门负责人,无权就其所受委托掌控的事务再委托他人代理,除非哈里发允许他们这样做。这是因为他们是哈里发的代表,与副手相似,而副手无权转委托其职责,除非得到授权。因此,如果他的委托赋予了他这一权力,那么他就拥有转委托的权利,无论他是原告还是被告,因为转委托的权利是普遍的,涵盖他所处理的每一件事务。 根据这一点,今天所称的检察长(政府的律师)、公诉人及公诉机关,或其他类似的职位,从代理规则的角度来看,此类工作在伊斯兰教法上是有效的,因为伊斯兰教法允许这类委托代理。
Its evidence is the evidence for the giving of proxy, since as it is valid for a person to deputise another person to act on their behalf in the issue they have control over such as buying, selling, and disputes, in the same manner it is valid to deputise another person to act on their behalf in the issues they are acting on, on behalf of someone else. So the proxy, if given the right to deputise in the issue that they were given the proxy in, can deputise someone for themselves in that which they have control over as a result of being given the proxy. Accordingly, the guardian can deputise someone else to act on their behalf with the wealth of the one they are guardian over, and in the same manner the custodian of the Waqf is permitted to deputise whomever they please in all the affairs that he has the power of control over from the leasing of the Waqf and so on. Similar to them is the ruler, who is permitted to deputise whomever he pleases in any of the issues he has control over. Unless the ruler is the Khalifah, in which case it is permitted for him to deputise whomever he pleases because he possesses control over every matter, and so he is like the one who deputises on his own behalf, whereas anyone other than the Khalifah, from those who are his delegates such as the assistants, governors, and department managers, do not have the power to deputise on their behalf in that which they have been deputised control over unless the Khalifah gave them the right to do so. This is because they are the delegates of the Khalifah, and so they are similar to the deputies, and the deputy has no right to deputise his duty unless he was given that right. So if his deputation gave him that power, then he would have the right of deputation irrespective of whether he was a plaintiff or defendant, since the right to deputise is general and encompasses every issue that he acts in. Based upon that, what is known today as the attorney general (lawyer of the government), and the public prosecutor and prosecution, or anything else similar, then from the angle of the rules of proxy the work is valid according to the Shari’ah, since the Shari’ah permitted this type of deputation.