10.3.9 法官如何被罢免
10.3.9 How the Judges are Removed
司法官的任命属于伊斯兰契约之一,伊斯兰教中的任何契约都有两方当事人。一方是伊斯兰国,由哈里发代表;另一方是法官本人。契约通过要约与承诺而成立。
The appointment of a member of the judiciary is one of the Islamic contracts, and any contract in Islam has two contractors. One is the Islamic State, represented by the Khaleefah, and the other is the judge himself. The contract is manifested by an offer and acceptance.
因此,只要合同的条件仍然存在,法官的任职便是有效的。据此,法官可以通过三种方式被解除职务。
Accordingly, the position of the judge will be valid as long as the conditions of the contract exist. Given this, there are three ways in which a judge can be removed from authority:
1) 哈里发罢免他——这可以是直接罢免,也可以通过卡迪·阿尔-卡达(Qadi al-Qada‘a)这一机构来进行。
1) The Khaleefah removes him - this may be directly, or through the institution of the Qadi al-Qada‘a.
2) 法官辞职。
2) The judge resigns.
3)法官失去担任法官的某项条件,例如双目失明,或失去可信赖的品德。任命司法人员属于伊斯兰契约之一,而伊斯兰教中的任何契约都有两方当事人。一方是伊斯兰国,由哈里发代表;另一方是法官本人。契约通过要约与承诺得以体现。
3) The judge loses one of the conditions to be judge, e.g. he becomes blind or becomes untrustworthy.The appointment of a member of the judiciary is one of the Islamic contracts, and any contract in Islam has two contractors. One is the Islamic State, represented by the Khaleefah, and the other is the judge himself. The contract is manifested by an offer and acceptance.
因此,只要合同的条件仍然存在,法官的任职便是有效的。据此,法官可以通过三种方式被解除职务。
Accordingly, the position of the judge will be valid as long as the conditions of the contract exist. Given this, there are three ways in which a judge can be removed from authority:
1) 哈里发罢免他——这可以是直接罢免,也可以通过卡迪·阿尔-卡达(Qadi al-Qada‘a)这一机构来进行。
1) The Khaleefah removes him - this may be directly, or through the institution of the Qadi al-Qada‘a.
2) 法官辞职。
2) The judge resigns.
3) 法官失去担任法官的某项条件,例如他失明,或者变得不可信赖。
3) The judge loses one of the conditions to be judge, e.g. he becomes blind or becomes untrustworthy.