不允许由多于一名有权作出判决的法官组成一个审判庭；但是，允许一名或多名法官与他同在，不过他们没有判决的权力，而只能被咨询或发表意见，其意见对判决没有约束力。

It is not allowed for a tribunal to be formed of more than one judge that has the power to render judgement; it is however permitted for one or more judges to be present with him but they would not have the right to judge, but merely to be consulted or to voice an opinion, and their opinion would not be binding. .

这是因为安拉的使者ﷺ从未任命两名法官同时审理同一案件,而是每一件事务只任命一名法官。此外,司法是以强制执行的方式传达伊斯兰教法的律例,而关于穆斯林个人的教法律例不可有所不同,因为它是安拉的律例,而安拉的律例是唯一的。诚然,对它的理解可能有所不同,但就实践层面而言,关于穆斯林的律例仍然是唯一的,从不改变。当法官以强制执行的方式传达安拉对眼前案件的律例时,这种传达必须是唯一的,因为这是以强制力传达安拉的律例。这样,法官便是在执行安拉的律例,而从实践角度看,安拉的律例不会改变,即使对它的理解有所不同。因此,同一案件、即同一法庭中设置多名法官是被禁止的。至于国家层面,在同一地区设立两个分别受理各类案件的独立法庭是允许的,因为司法权是由哈里发授权的,它类似于代理职权,而代理职权允许多元并存,所以同一地区设立数名法官也是允许的。如果争议双方无法就应向哪个法庭提起诉讼、或由哪位法官审理其案件达成一致,则原告的选择优先于被告的选择,案件将交由原告所选的法官审理,因为原告是在寻求其权利,而这一权利优先于被告的权利。

This is because the Messenger of Allah (PBUH) never appointed two judges to deal with one matter, rather He (PBUH) appointed one judge for each matter. Besides, the judiciary is the conveying of the Shariah rule by way of enforcement, and the Shariah rule concerning the one Muslim cannot vary, for it is the rule of Allah, and the rule of Allah is one. It is true that its interpretation may vary, but concerning the Muslim from the practical side it remains one and it never varies. When the judge conveys the rule of Allah in the matter at hand by way of enforcement, this conveyance must be one, for it is the conveying of the rule of Allah by way of compulsion. Thus it would be acting upon the rule of Allah, and the rule of Allah from a practical point of view does not vary, even if the understanding does vary. Therefore, it is forbidden to have more than one judge for the same case, i.e. in the same court. As for the country, it is permitted to have two separate courts dealing in all types of cases in one area, because the judiciary is delegated by the Khalifah, so it is like the deputyship where plurality is permitted, thus it would be permitted to have several judges in one area. If the disputing parties could not agree on which tribunal they should take their case to or which judge should look into their case, the choice of the plaintiff would outweigh that of the defendant and the case would be given to the judge of his choice, as he would be seeking his right and this outweighs the defendant..

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考虑。这是因为有传述称，乌拜杜拉·伊本·祖拜尔说道：

The judge can only rule in a judicial court; and the evidence and the oath can only be considered in the judicial court. This is because it has been reported on the authority of Abdullah Ibn al-Zubayr who said: .

“先知ﷺ下令争讼双方应坐在法官面前。”这段圣训由艾卜·达伍德记载（《圣训集》，第3588条），它展示了司法程序应当进行的形式，并且这一形式本身具有法律效力，即司法程序必须有特定的形式，那就是争讼双方坐在法官面前，这就是司法法庭。因此，这是司法程序有效性的一个条件，即必须有一个特定的场所来进行裁决，裁决才能被视为合法，而这个场所就是争讼双方坐在法官面前的地方。

“The Messenger of Allah has ordered that the two disputing parties should sit before the judge.” This hadith is narrated by Abu Dawud [Sunan, #3588], and it demonstrates the form in which the judicial process should be conducted, and it is a lawful form in itself, i.e. there must be a specific form in which the judicial process is to be conducted, which is for the two disputing parties to sit before the judge, and this would be the judicial court. Therefore this is a condition for the validity of the judicial procedure, i.e. that there ought to be a special place where the judgement is to be conducted for it to qualify as a legitimate judgement, and this would be for the two disputing parties to sit before a judge. .

这一点得到了‘Ali(ra)的圣训的支持,当时安拉的使者ﷺ对他说:

This is supported by the hadith of ‘Ali (ra) when the Messenger of Allah (PBUH) said to him: .

“阿里啊，如果有两方争讼之人坐在你面前，在你未听完另一方的陈述、正如你听完第一方的陈述之前，不要就任何一方作出裁决。”这也表明了一种特别的情形，先知ﷺ曾说：

“O ’Ali, if two disputing parties sat before you, do not judge (in favour) for either of them until you hear what the other party has to say as you have heard the first one.” It also indicates a special form where He (PBUH) said: .

"如果两方争讼者坐在你面前"……

"If two disputing parties sat before you"..

因此，司法法庭是判决有效的必要条件，也是誓言能够被采纳的必要条件，因为真主的使者ﷺ说：

Therefore the judicial court is a must if the judgement is to be valid, and is also a must for the oath to be considered, for the Messenger of Allah ( PBUH) said: .

“被告必须发誓”，此语见于布哈里以伊本·阿拔斯为传述人的记载[《萨希赫》，#2668]。除非在司法法庭上，否则此人不会被视为被告。证据也同样如此，只有在司法法庭上才能被采纳，因为真主的使者ﷺ曾说：

The oath must be given by the defendant,” as narrated by Al-Bukhari on the authority of Ibn Abbas [Sahih, #2668]. He would not be considered as a defendant except in a judicial court. The same applies for the evidence, it cannot be considered except before a judicial court, for the Messenger of Allah (PBUH) said: .

"证据应由原告提供，誓言则由否认者承担。"此段由Al-Bayhaqi（ 贝伊哈基）所传述。

"It is the plaintiff who should provide the evidence, and the oath is obliged on the one that contests." As narrated by Al-Bayhaqi. .

此外，只有在司法法庭上，他才能被视为原告。

Additionally he cannot be considered a plaintiff except before a judicial court. .

允许根据案件类型设立不同层级的法院。因此，允许让某些法官在一定程度上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 cases. 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，司法权是由哈里发委派的，它与代理权一样，并无任何区别。事实上，司法权是代理权的一种形式，既可以是普遍的，也可以是特定的。因此，允许委任一名法官只处理特定的案件，在这种情况下，他不得处理所指定案件之外的其他案件。也允许再委任另一名法官处理各类案件，包括上述案件，即使在同一地点，或处理上述案件之外的其他案件。因此，设立不同层级的法庭是允许的，穆斯林在过去就曾有过这种做法。

This is because, the judiciary is a delegated by the Khalifah and it is just like the deputyship, with no difference at all. In fact, the judiciary is one form of deputyship, which can be general and can also be specific. Therefore, it would be permitted to have a judge appointed to deal in specific cases only, in which case he would not be allowed to deal with other than those cases specified. It is also permitted to appoint another judge to look into all sorts of cases including those mentioned, even in the same location, or to look into cases other than those mentioned. Therefore it is permitted to have various levels of tribunal, and Muslims had this in the past. .

马瓦尔迪在其著作《苏丹制度》中写道:艾布·阿卜杜拉·祖拜尔说:"在一段时间里,巴士拉的总督会在主清真寺(大清真寺)任命一位法官,人们称他为清真寺法官。他审理的纠纷以不超过二十第纳尔和两百迪尔汗为限,并负责裁定赡养费。他不会超出分配给他的地点和授予他的权限。"

Al-Mawardi wrote in his book entitled Al Ahkam Al Sultaniyya: "Abu Abdullah Al-Zubayr said: For some time, the Amirs here in Basra used to appoint a judge at the central mosque (Al-Masjid Al-Jami'), they called him the judge of the mosque. He used to judge in disputes involving sums not exceeding twenty Dinars and two hundred Dirhams, and he used to impose the maintenances. He would not go beyond the place assigned to him and the limits given to him." .

先知穆罕默德ﷺ在司法事务上委派他人代行其职:他委任阿姆鲁·本·阿斯处理某一个案件,又委任阿里·本·艾比·塔利卜全权主持也门的司法事务,使其有权审理任何案件。这说明设立专门性司法与普遍性司法都是被允许的。

The Messenger of Allah (PBUH) delegated others on his behalf in the judiciary; he appointed Amr Ibnul Aas to look into one case, and he appointed Ali Ibnu Abi Talib over the judiciary in Yemen with powers to look into any case. This indicates that it is permitted to have a specific and general judiciary. .

在伊斯兰司法体系中，既没有上诉法院，也没有撤销法院。就案件的审理方式而言，司法是统一的。如果法官作出了判决，该判决即具有约束力，任何情况下都不会被另一位法官的判决推翻。圣训中有一条原则："同等的伊智提哈德不能推翻伊智提哈德。"因此，一位穆智塔希德并不能约束另一位穆智塔希德，设立能够推翻其他法院判决的法院是不合法的。

There are no courts of appeal and there are no courts of cessation, so the judiciary, as far as the method by which the cases are treated, is one and the same. If the judge pronounced a sentence, it would become binding, and the sentence of another judge would not under any circumstances reverse it. The divine principle states: "ijtihad is not annulled by similar ijtihad." So, a mujtahid is not proof against another mujtahid; so it is invalid to have courts that nullify the verdicts of other courts. .

然而,如果法官放弃依据伊斯兰教法进行裁决,而依照某种属于不信的规则作出判决;或者他所依据的规则与《古兰经》、圣训或圣门弟子的公议(Ijmaa)中的明确经文相矛盾;又或者他作出的判决与事实不符,例如他判定某人为故意杀人者,而后真正的凶手出现,那么在这些情况下,法官的判决应予推翻。

However, if the judge abandons ruling by the Shariah and judged according to a rule of disbelief, or if he judged by a rule that contradicts a Shariah text from the Book, Sunnah or the Ijmaa of the Sahabah, or he issued a verdict that contradicts with the reality, such as if he judged on somebody as a deliberate killer, then the real killer appeared. In such cases, the verdict of the judge is reversed. .

这是因为安拉的使者ﷺ说：

This is because the Messenger of Allah (PBUH) said: .

“凡在我们的事务（宗教）中创立不属于它的东西，必被拒绝。”——由布哈里（Al-Bukhari）[《沙希哈》，#2697]和穆斯林（Muslim）[《沙希哈》，#1798]转述，传述自阿伊莎（‘A’ishah）。

“Anyone who invented something in our matter (deen) that which is not from it, it would be rejected”, as narrated by Al-Bukhari [Sahih, #2697] and Muslim [Sahih, #1798] on the authority of ‘A’ishah. .

也有记载，贾比尔·本·阿卜杜拉说：“有一个男人与一名女子通奸，先知ﷺ下令鞭打他。后来有人告诉他，此人已经结婚，于是他下令将其用石头打死。”马立克·本·安纳斯也有记载，他说：“我听说奥斯曼（愿安拉喜悦他）那里带来一名女子，她在六个月后生了孩子，于是他下令将她用石头打死。阿里（愿安拉喜悦他）对他说：‘用石头打死是不对的，因为安拉（SWT）说：’”

It is also narrated by Jabir b. Abdullah: “That a man committed adultery with a woman, so the Prophet PBUH) ordered that he be lashed. Later on he was informed that he was married, so he ordered that he be stoned”. Malik b. Anas also narrated, that he said: “I got knowledge about ‘Uthman (ra), that a women was brought to him where she gave delivery after six months so he ordered her to be stoned, Ali (ra) said to him: ‘It is not valid to be stoned, because Allah (S.W.T) says: .

“怀他和断奶的期限是三十个月”[46:15]，他（SWT）说：。

The carrying of the (child) to his weaning is period of thirty months” [46:15] And He (PBUH) says: .

“母亲应当为孩子哺乳整整两年，这是为那些想要完成哺乳期限的人而定的。”[2:233]

“The mother shall give suckle to their children for two whole years, for them who desire to complete the term.” [2:233].

因此，怀孕期为六个月，所以她不应被投石处死。”于是，‘Uthman（ra）下令将她带回，但他发现她已经被投石处死了。” ‘Abd al-Razzaq 引述 Al-Imam Al-Thawri 的话说：“如果一位法官作出的判决与安拉的经典或使者ﷺ的圣训相悖，或与已有公议（Ijmaa）的事项相悖，那么在他之后的另一位法官可以推翻该判决。”

Thus, the pregnancy period is six months, so she should not be stoned.’ Accordingly ‘Uthman (ra) ordered that she be returned back, but he found that she had already been stoned.” ‘Abd al-Razzaq narrated from Al-Imam Al-Thawri that he said “If a judge gave a verdict opposite to the Book of Allah or the Sunnah of the Messenger (PBUH) or anything where there is an Ijmaa over it, then another judge after him may reverse it”. .

然而，撤销这些判决的责任在于马兹拉姆法官。

However, the responsibility of reversing these verdicts is to the Judge of Mazalim.