9.6 Al-muhtasib
9.6 Al-muhtasib
muḥtasib(穆哈塔西卜)是处理所有涉及公共权利、且没有原告的案件的法官,前提是这些案件不属于刑律(胡杜德)和刑事法(吉纳亚特)的范围。
The Muhtasib is the judge that deals in all the cases that concerns the common rights and which do not have a plaintiff, as long as these cases do not fall under the penal code (Hudud) and the criminal laws (Jinayat). .
这是对宗教监察官(Hisbah,又称“محتسب”,即“伊斯兰市场监督官”)职权的定义,该定义源自关于食物堆的圣训。先知ﷺ发现食物堆中有湿气,于是下令将湿的食物放在上面,让人们能够看到。这是一项公共权利,先知ﷺ对此进行了审视,并裁定湿的食物应放在顶部,以防止欺诈。这适用于所有此类性质的公共权利或公共利益。它不包括刑法或刑事法律,因为它们性质不同,因为它们首先是人与人之间的纠纷。
This is the definition of the judge of Hisbah, which is a definition deduced from the hadith relating to the heap of food. The Messenger of Allah (PBUH) discovered dampness in the heap of food so he ordered that the damp food be displayed on the top so that people could see it. 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. This applies to all the public 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, for they are disputes between people in the first place.