伊斯兰教的司法体系界定了三类卡迪（法官）的职责，分别是：

The judiciary in Islam defines the role of three types of qadi’s, which are :

1) 普通法官（Qadi ‘Aam）：他是裁决人们之间纠纷的法官，负责审理民事和刑事案件。

1) Qadi ‘Aam : He is the qadi that settles the disputes between the people. He deals with both civil and criminal cases.

2) 穆赫塔西卜法官（Qadi Muhtasib）：他负责审查并处理任何可能危及公共利益或财产的违法行为。

2) Qadi Muhtasib : He is in charge of looking into and settling any breach of law that may endanger the public interest or property.

3) 申冤法官（Qadi Madhaalim）：他负责处理民众与国家之间的争端。

3) Qadi Madhaalim : He deals with disputes between the people and the State.

至于关于司法机构、用以裁决人与人之间所发生纷争的证据，它源自先知穆罕默德ﷺ的行为，以及他任命穆阿兹·本·哲伯勒主管也门某一地区的事迹。

As for the evidence about the judiciary that settles the disputes that occur between people, this is derived from the actions of the Messenger of Allah (saw), and in his appointment of Mu‘adh ibn Jabal over an area of Yemen.

义务性的哈基姆权力（Qadi ‘Aam）。

The Mandatory powers of the Qadi ‘Aam.

所有案件都必须在法庭庭审中审理,证据须呈交卡迪(法官)。由于主权属于安拉(SWT),因此不存在陪审团的概念。证据呈交给法官,法官依据《古兰经》和《逊奈》作出判决。一个案件禁止由一位以上的法官主持并拥有裁决权。但允许其他法官在场陪同。他们的作用仅是提供建议或发表意见,其意见不具约束力。这是因为先知穆罕默德ﷺ从未指派两位法官处理同一事务,而只指派一位法官处理一件事务,这表明禁止两位或两位以上的法官审理同一事务。

All the cases have to be judged in court sessions where the evidence is presented to the qadi. Since sovereignty belongs to Allah (swt), there is no concept of jury. The evidence is presented to the judge who then judges on the basis of Qur’an and Sunnah. It is forbidden to have more than one judge presiding over the case and having the power to render judgement. However it is permitted for other judges to be present with him. Their role would merely be to counsel or voice an opinion, but their opinions would not be binding. This is so because the Messenger of Allah (saw) never appointed two judges to deal with one matter, but only one judge for one matter, which indicates that it is forbidden to have two or more judges to look into one matter.

法官只能在司法法庭上作出裁决，证据和誓言也只能在司法法庭上加以采纳。这是因为有传述，出自阿卜杜拉·本·祖拜尔，他说："安拉的使者ﷺ下令，争讼的双方应当坐在法官面前。"这段圣训说明了审判应当采取的形式：争讼双方应当一同坐在法官面前，而这应当在司法法庭上进行。

The judge can only rule in a judicial court and any evidences or oaths can only be considered in the judicial court. This is so because it has been reported on the authority of ‘Abdullah ibn al-Zubayr who said, “The Messenger of Allah has ordered that the two disputing parties should sit before the judge.” This hadith demonstrates the form in which the judiciary should be conducted : The two disputing parties should sit together before a judge, and this would be in a judicial court.

允许根据案件的类型设置不同层级的法院。因此，允许让某些法官在一定程度上只专门处理特定类型的案件，并将其他案件转交给其他法院审理。

It is permitted to have various levels of court according to the type of case. Thus it would be permitted to have some judges confined to dealing with specific cases to a certain extent and to refer other cases to other courts.

这是因为司法职权是由哈里发委派的，它与代理职位性质相同。事实上，司法就是代理职权的一种形式：它可以是普遍的，即法官有权审理各种各样的案件；也可以是专门的，即法官只专注于少数几类案件。因此，允许设立不同层级的法庭，正如穆斯林在过去所做的那样。马瓦尔迪在其名为《苏丹训令》（al-Ahkam al-Sultaniyya）的著作中写道：

This is so because the judiciary is a delegation from the Khaleefah and it is just like the deputyship. In fact the judiciary is a form of deputyship which can be general, where the judge would have authority to consider a wide variety of matters; or it can be specific, with the judge specialising in only a few matters. Therefore, it is permitted to have various levels of tribunal as Muslims had in the past : Al-Mawardi wrote in his book entitled al-Ahkam al-Sultaniyya:

该法官的职能在于，通过强制手段推行与可能损害公共利益之事相关的伊斯兰教法规定。这类机构也被称为“hisba”（伊斯兰监察），它在伊斯兰国家中承担一项特定任务，即监管商人和手工业者，防止他们在交易、工作或产品上作弊，防止他们错误使用度量衡，或从事其他可能影响公众权利的行为。

The function of this judge is related to conveying the Shari‘ah rule by way of compulsion in whatever may harm the common interest. This type of institution is also known as the hisba, and it carries out a specific task within the Islamic State, which is the controlling of the traders and skilled workers lest they cheat in their trade, work or in their products, lest they wrongly use the weights and measures or any other type of action that may affect the public rights.

关于这一裁判原则的依据，可见于圣训“食物堆”的记载：穆斯林圣训实录中由艾布·胡莱赖传述：“安拉的使者ﷺ经过一堆食物，他把手伸进去，手指沾湿了，便问卖主：这是什么？卖主说：安拉的使者啊，这是被雨淋湿的。使者ﷺ说：你为什么不把它放在上面，让人们能看见呢？欺骗我们的人，不是我们中的一员。”

As for the evidence of this judiciary, this is highlighted in the hadith of the heap of food : It has been reported in Sahih Muslim on the authority of Abu Hurayrah the following: “The Messenger of Allah (saw) passed by a heap of food, as he put his hand inside it his fingers got wet, so he said to the vendor: What is this? He said : It was dampened by the rain O Messenger of Allah. He (saw) said : Why don’t you put it on the top so that people can see it? He who cheats us is not one of us.”.

这属于一项公共权利，先知穆罕默德ﷺ对此作出考量，并裁定湿的食物应摆放在上面，以防止欺诈。凡是具有此类性质的公共权利或公共利益，都适用此规定。它不包括刑法或刑事法律，因为这些并非同一类别，它们首先是人与人之间的纠纷。

So this was a public right on which the Messenger of Allah looked into, and judged that the wet food should be displayed at the top to prevent cheating. And this applies to all the common rights or interests that are of this nature. It does not include the penal code or the criminal law, for they are not of the same sort, as they are disputes between people in the first place.

义务性的监察官（Muhtasib）职权。

The Mandatory powers of the Muhtasib.

muhtasib（监察官）一旦得知违法行为，即有权对该行为作出裁决，且可以当场进行，不论地点为何；他无需置身于司法法庭之中。他将可调动若干警察，以执行其命令并当场施行判决。只要他确信违法行为确已发生，muhtasib无需由司法法庭来审理眼前的案件，便可作出判决；无论在市场、在家中，还是在白天或黑夜乘车行驶之时，他都有权在任何地点、任何时间作出裁决。

The muhtasib has the power to judge on the offence as soon as he learns about it, and this could take place on the spot and in any place; he does not need to be in a judiciary court. He will have at his disposal a number of police officers to execute his orders and apply the sentence on the spot. A judiciary court would not be required for the muhtasib to look into the case at hand as he passes the judgement the moment he is sure that it took place, and he has the power to judge in any place and at any time, be it in the market, in the house, or while riding in the car both day or night.

mazālim（冤狱/申冤）法官是由国家任命的法官，其职责是消除国家对任何人所施加的任何不公正行为（madhlama），无论此人是该国公民，还是生活在其统治之下的人；也无论这种不公正行为是由哈里发本人所为，还是由在他手下任职的人所为，不论他们是统治者还是公务员。

The judge of madhaalim is a judge appointed to lift every madhlama (unjust act) perpetrated by the State against any person, whether this person were a citizen of the State or a person living under its authority, and whether this madhlama were perpetrated by the Khaleefah or those working under him be they rulers or civil servants.

这是对“意识形态下的申诉法官”（ qadi al-madhalim ）的定义，而申诉审判制度的渊源，来自于归于安拉的使者（愿安拉赐福他并使他平安）的圣训：他把统治者在统治臣民时所犯的不公正行为称为“冤屈”（madhlama）。 安behalf：安纳斯传述：“在安拉的使者（ﷺ）时代，物价飞涨，人们对他说：‘安拉的使者啊，您为什么不规定物价呢？’他说：‘确实，安拉是（万物的）赐予者（Al-Qabid）、扩展者（Al-Basit）、供给者（Ar-Razzaq），也是定价者（Al-Musa'ir），我希望与安拉相见时，没有任何人因我在血液或财产上对他犯下冤屈而向我提出控告。’”因此，他（ﷺ）将定价视为一种冤屈，因为如果他这样做了，即规定物价，那就是在没有权限的情况下行事。

This is the definition of the judge of madhaalim and the origin of the judiciary of madhaalim is derived from reports attributed to the Messenger of Allah (saw) when he described the unjust acts perpetrated by the ruler while ruling over the subjects as being a madhlama. Anas reported: “Prices soared during the time of the Messenger of Allah (saw) so they said to him: O Messenger of Allah why don’t you introduce pricing? He said: Verily Allah is the Recipient, the Extender of wealth , the Provider, and the Pricer, and I hope that I will meet Allah (swt) without having anyone accusing me of having perpetrated a madhlama against him be it in blood or in money.” He (saw) therefore judged the pricing as being a madhlama, for if he had done it, i.e. introduced pricing, he would have acted without authority.

“madhaalim”(不义行为)一词见于先知穆罕默德ﷺ的圣训中。他说:“如果我曾拿过某人的钱，这就是我的钱，让他来拿；如果我曾鞭打过某人的背，这就是我的背，让他来报复。”这表明，对统治者、wali（地方长官）或公务人员的申诉，应当提交给mazaalim（申冤）法官，而申冤法官将以强制的方式执行伊斯兰教法的裁决。

The madhaalim (unjust acts) were mentioned in the hadith of the Messenger of Allah (saw) where he said: “If I took money from someone, here is my money, let him take from it, and if I whipped the back of someone, here is my back, let him retaliate.” This indicates that complaints against the ruler, or the wali or the civil servant should be submitted to the judge of madhaalim, and the Judge of madhaalim would convey the Shari‘ah rule by way of compulsion.

他（愿主福安之）还把那些关涉国家为民众组织的公共权利的事务，也纳入“冤狱”（马扎الم）的范畴，例如以公共水源轮流灌溉农田之事。穆罕默德的使者（愿主福安之）曾过问祖拜尔·本·阿瓦姆与一位安suri（ἀنصار）之人之间发生的灌溉纠纷；他（愿主福安之）亲自在场见证，并对祖拜尔说：“祖拜尔啊，你先灌溉，然后让安sari的那人灌溉。”因此，从这两段圣训可以得出，任何人遭受的冤屈，无论是由统治者所为，还是由国家的组织或命令所引起，都应被视为冤屈（马扎立）。此事随后应交由哈里发处理，或交由哈里发所委任的冤狱审理官（马扎立法官）代为处理此类事务。

He (saw) also made the issues that affect the common rights which the State organises for the people as part of the madhaalim, such as the irrigation of farming lands by common water in turn; the Messenger of Allah (saw) looked into the dispute over irrigation that took place between al-Zubayr ibn al-Awwam and a man of the Ansar; he (saw) witnessed it personally and said to Al-Zubayr: “You irrigate first O Zubayr and then the Ansari.” Therefore, any madhlama that occurs on any person, whether perpetrated by the ruler, or occurring as a result of the State’s organisation or orders, would be considered as a madhlama, as gathered from the two ahadith. The matter would be then referred to the Khaleefah to deal with it or to whoever the Khaleefah appoints as judge of madhaalim to deal with such matters in lieu of him.