9.7 必须履行的权力(al-muhtasib)的权力
9.7 The mandatory powers of al-muhtasib
Muhtasib(监察官)有权在得知违法行为后立即对该违法行为作出裁决,这一裁决可以当场作出,且不限地点;他无需设在司法法庭之中。他可调配若干警务人员,执行其命令,并当场实施处罚。
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 at any location; he does not need to be in a judicial court. He will have at his disposal a number of police staff to execute his orders and to apply the sentence on the spot. .
对于穆赫塔西卜而言,处理此案无需设立司法法庭。只要他确信违法行为确已发生,便可当场作出裁决,并且无论在何处、何时,即便是在市场上、在家中、骑乘途中,还是白天或夜晚坐在车里,他都有权进行裁断。这是因为,证明处理案件须设立司法法庭的证据,并不适用于穆赫塔西卜,因为确立这一条件的圣训说:"争讼的双方坐在法官或统治者面前。"
A judicial court would not be required for the Muhtasib to look into the case at hand. He passes the judgement the moment he is sure that the offence took place, and he has the power to judge at any place and at anytime, whether in the market, in the house, whilst riding or in the car during the day or night. This is because the evidence that confirms the need to have a judicial court in order to deal with a case does not apply to the Muhtasib, because the hadith which confirmed this condition states: "The two disputant parties sat down before the judge/ruler." .
他说道:ﷺ
And he (PBUH) said: .
“如果争议的双方坐在你面前。”这一条不适用于伊斯兰道德监察官(Hisbah),因为他面对的并没有原告与被告,而是侵犯了公共权利,或是违反了沙里亚。此外,先知穆罕默德ﷺ审理那堆食物的案件时,他正在市场上行走,而那些食物正摆在那里出售。
“If the two disputing parties sat before you.” This is not applicable to the judge of Hisbah, as there is no plaintiff and no defendant; there is rather a public right that has been violated, or a violation of the Shariah. Besides, when the Messenger of Allah (PBUH) looked into the case of the heap of food, he was walking in the market at the time and the food was displayed for sale. .
他(ﷺ)并没有把那个商贩召到自己面前,而是一察觉到这一违法行为,便当场加以处理。这表明,hisbah(监察)之事并不需要司法法庭。
He (PBUH) did not summon the vendor to him, but as soon as he detected the offence he dealt with it on the spot. This indicates that the cases of Hisbah do not require a judicial court. .
muhtasib(监察官)有权为自己选任副手。这些副手应符合muhtasib的各项要求,并且他可以将他们派往不同的地方。这些副手有权在被指派的地区,以及在被授权处理的事务范围内,履行Hisbah(公共监督)的职责。这取决于muhtasib的任命状中是否包含赋予其为自己任命副手之权力的条款,即授权他委派代表其行事的副手。如果他未被赋予这种副手委任的权利,即无权为自己任命副手,那么他就没有这样的任命权。
The Muhtasib has the right to select deputies for himself. They should fulfil the requirements of the Muhtasib, and he is allowed to assign them to different places. Those deputies would have the power to carry out the duties of the Hisbah in the areas to which they have been assigned, and in the cases for which they have been delegated. This depends on whether the appointment of the Muhtasib includes a clause that gives him powers to appoint deputies for himself, i.e. to assign deputyship by delegating deputies who would act on his behalf. In case he was not given such right of deputyship, i.e. the right to appoint deputies to him, then he has no such right of appointment.