法官分为三类:第一类是卡迪(Qadi),负责裁决人们之间在交易和刑事法律方面的争端。第二类是穆塔西卜(Muhtasib),负责处理任何可能损害社会公共利益或财产的违法行为。第三类是审理冤狱(Mazalim)的法官,负责裁决民众与国家之间的争端。

There are three types of judges: One is the Qadi, and he is in charge of settling the disputes between people over transactions and penal codes. The second is the Muhtasib, who is in charge of settling any breach of law that may harm the interests of the community or property. And the third is the judge of Mazalim, who is in charge of settling disputes between the people and the State. .

这是三种类型的法官。至于关于解决人与人之间纠纷的法官的依据，它源自先知穆罕默德ﷺ的行为，以及他任命穆阿兹·本·哲白勒驻守也门某一地区的事实。至于关于解决危害社会公共利益纠纷的司法依据，即此类法官被称为穆塔西卜（Muhtasib）的情况，这由先知穆罕默德ﷺ的行为和言语所证实，他曾说道：

These are the three types of judges. As for the evidence about the judge who settles disputes between people, this is derived from the actions of the Messenger of Allah (PBUH), and from his appointment of Muadh Ibnu Jabal over an area of Yemen. As for the evidence of the judiciary regarding the settling of disputes which endanger the interests of the community, where the judge is known as the Muhtasib, this is confirmed by the action and saying of the Messenger of Allah (PBUH), for he said: .

"谁欺骗我们，谁就不是我们中的一员。"[这是艾哈迈德以艾布·胡莱赖为传述人所记录的圣训的一部分。] 因此，先知ﷺ常常质问欺骗者，并惩戒他们。

"He who cheats us is not one of us". [This is a part of a hadith narrated by Ahmad on the authority of Abu Huraira.]. Thus, He (PBUH) used to challenge the cheaters and punish them. .

他ﷺ也曾命令商人在交易中讲诚实话，并且施舍。艾哈迈德从盖斯·伊本·艾布·加尔扎·金达尼处传述，他说："我们过去在麦地那买货物，并且自称为经纪人，于是安拉的使者ﷺ出来见我们，用一个更好的名称称呼我们，他ﷺ说："

He (PBUH) used also to order the traders to speak the truth in trading and give charity. Ahmad narrated from Qays Ibnu Abi Gharza Al Kinani, he said, “We used to buy cargo in Madinah and we would call ourselves brokers, so the Messenger of Allah (PBUH) came out to us and called us with a better name, He (PBUH) said: .

“商人们啊，买卖之中难免会有交谈和发誓，所以要以施舍来调和。”

“O traders, verily the selling entails talking and the taking of oaths, so do mix it with Sadaqah”. .

艾哈迈德也传述道，来自Abu Al-Minhal：

Ahmad also narrated from Abu Al-Minhal: .

据传，宰德·本·阿尔qam与巴拉·本·阿兹布曾经合伙，二人各自购买了一些白银，有的以现金即时交割，有的以赊账方式成交。此事传到了安拉的使者ﷺ那里，他下令说："即时交割的，并无过失；以借贷方式出售的，则必须予以取消。"

"That Zayd ibn Arqam and Al-Bara' Ibn ‘Azib were partners, so they both bought some silver with cash on the spot and by credit. This news reached the Messenger of Allah (PBUH) so he ordered: 'Where the payment is made on the spot there is no harm, and where it is sold on loan it must be rejected.'” .

因此，使者ﷺ禁止了他们因信贷而产生的高利贷（riba）。所有这些都属于哈希卜（Hisbah）的司法管辖范围。将处理可能损害社群利益之纠纷的司法机构称为哈希卜，实际上是一个专业术语，指在伊斯兰国家中所执行的一项特定职责，即监管商人和工匠，防止他们在交易、工作和产品上欺诈，防止他们滥用度量衡，或防止任何其他可能影响社群利益的行为。

Thus the Messenger (PBUH) prevented them from the riba of credit. All this is the judicial remit of the Hisbah. Calling the judiciary that settles the disputes that may harm the interests of the community as the Hisbah is in fact a technical term referring to a specific task carried out in the Islamic State, i.e. To control the traders and skilled workers lest they cheat in their trade, their work, their products, lest they wrongly use the weights and measures, or any other type of action that may affect the interests of the community..

这正是真主的使者（愿主福安之）所示范并命令遵守的行为，也是他亲自作出裁决的做法，如巴拉·本·阿兹布的圣训所述：他命令交易双方不得以赊账方式出售白银。

And this is the very action that the Messenger of Allah (PBUH) demonstrated and ordered to be observed, and personally applied judgement upon, as mentioned in the Hadith of Al-Bara' Ibn Azib, where he ordered both parties to abstain from selling silver by credit. .

先知ﷺ也在麦加被征服后任命萨itbi尔·本·阿斯为麦加市场的穆赫塔西卜（监察官），这一事迹见于伊本·萨阿德的《大类传》和伊本·阿卜杜勒·伯尔的《伊斯提亚布》。因此，希斯白（监察市场）的依据即是圣行（逊奈）。欧麦尔·本·哈塔卜还任命了他族中的女性希法（即苏莱曼·本·艾比·哈斯玛之母乌姆·苏莱曼）为市场裁判（监察官），即希斯白的裁判官；他还任命阿卜杜拉·本·乌特巴为麦地那市场的裁判官，这一点马立克在《穆宛塔》中以及沙斐仪在其《穆斯奈德》中都有记载。他本人也亲自处理希斯白的司法事务，并像安拉的使者ﷺ一样在市场中巡视。哈里发们继续处理希斯白事务，直到马赫迪时代，他为希斯白设立了专门的机构，使其成为司法机构之一。到拉希德时期，穆赫塔西卜（希斯白裁判官）会在市场中巡查，检查度量衡，并审查商人的交易。

The Messenger of Allah (PBUH) has also appointed Sa'id ibn Al-As as a muhtasib in the markets of Makkah after its conquest as reported in the Tabaqaat of ibn Sa'd and in Al-Istiab of Ibn ‘Abd al- Barr. Therefore, the evidence of hisbah is the Sunnah. ‘Umar b. Al-Khattab had also appointed Al- Shifa, a woman from his clan, who is Umm Suleiman ibn Abi Haythma, as a market judge (inspector) i.e. a judge of Hisbah; and he also appointed Abdullah ibn Utbah a judge on the market of Al-Madinah, as Malik mentioned in Al-Muatta' and Al-Shafi'i in his Musnad. He also himself used to deal with the judiciary of the Hisbah, and walk around in the markets just like the Messenger of Allah (PBUH). The Khalifah went on dealing with the Hisbah until the days of Al-Mahdi who set a special organisation to the Hisbah which became one of the organisations of Judiciary. At the time of Al-Rasheed, Muhtasib (judge of Hisbah) used to go around in the markets, checking the weights and measures and to look into the traders’ transactions. .

关于审理不公之事（马扎立姆）的法官所依据的证据，源自安拉（SWT）的话：

As for the evidence for the judge of Mazalim (unjust acts), this is derived from Allah (S.W.T) saying:.

"如果你们对某事有争议，就把它交给真主和使者来裁决。"[4:59]。这段经文紧接在真主（SWT）的话之后：

"If you dispute about something refer it to Allah and the Messenger." [4:59]. This came immediately after Allah's (S.W.T) saying: .

{信道的人们啊！你们当服从真主，服从使者，以及你们中的主事者。}（4:59）

"O you who believe obey Allah and obey the Messenger and those in authority from among you." [4:59]. .

因此,公民与当权者之间的任何争端,都应提交给安拉和祂的使者,即提交给安拉的律法。这就需要有一位法官来裁决此类争端,这位法官就是申冤审判官(Qadi al-Mazalim)。这一点的证据也来自使者的行为和言论。然而,使者ﷺ并未在整个国家为申冤事务任命专门的法官,四大哈里发之后的哈里发们也没有这样做,他们亲自处理申冤之事,阿里·本·阿比·塔利卜即是如此。他也没有为申冤规定特定的时间或特殊的形式,而是随事件发生即时处理不公之事,因此这只是他一般职责的一部分。这种做法一直延续到阿卜杜·马利克·本·marwan时代;他是第一位为申冤事务设定特定时间的哈里发。当其中某件申冤之事对他而言难以定夺时,他便将其交给自己的法官处理。此后,哈里发开始委派代理人审查民众的申诉,于是申冤设立了一套专门的制度,称为"公正之堂"(Dar al-Adl)。在申冤设专职法官这一点上,这是允许的,因为凡属哈里发职权范围内必须履行的事务,他都可以委派代理人代为履行。规定特定时间和特殊形式也是允许的,因为这一切都属于允许的事项(mubah)。

Therefore, any dispute between the citizens and the people in authority should be referred to Allah and His Messenger i.e. to the rule of Allah. This necessitates the presence of a judge to give judgement on this dispute, and this is the judge of Mazalim. Evidence is also derived from the action and saying of the Messenger of Allah (PBUH). However, the Messenger of Allah (PBUH) did not appoint a specific judge for the Mazalim over the whole State, nor did the Khulafa' Rashidun after him, for they used to take charge of the Mazalim themselves as was the case with Ali Ibnu Abi Talib. He did not however assign a specific time or a special style for the Mazalim; he simply dealt with a Mazlima (a case of an unjust act) as it happened, so it was just part of his general duties. This approach remained the same until the days of Abdul Malik Ibn Marwan; he was the first Khalifah to introduce a specific time for the Mazalim; and when one of these Mathalim was ambiguous to him, he used to refer it to his judge to deal with it. Then the Khalifah began to appoint deputies to look into people's complaints, and a special system was then introduced for the Mazalim, which was known as the "House of Justice" (Dar-ul-Adl). This is permissible in terms of having a special judge for Mazalim, because for anything that falls under the mandatory powers of the Khalifah, he is allowed to appoint deputies to perform that on his behalf. It is also permissible to have a specific time and a specific style because all this falls under the mubah (permissible acts). .