9.8 申诉法官(Al-Mazalim)
9.8 The Judge of al-Mazalim (grievances)
“马栏”法官(Mazalim)是指被任命来消除国家对任何人所施加的每一项“马兹利玛”(Madhlima,即不义之举)的法官,无论此人是国家的公民,还是生活在国家权力之下的人;也无论这一不义之举是由哈里发或其下属所施加,不论他们是统治者还是文职官员。这便是“马栏”法官的定义。马栏司法制度的渊源,来自传到安拉的使者ﷺ那里的圣训,其中他描述了统治者在治理臣民时所施行的不义之举,即属于“马兹利玛”。艾奈斯传述:
The judge of Mazalim is a judge appointed to remove every Madhlima (unjust act) perpetrated by the State against any person, whether this person were a citizen of the State or a person living under its authority, and whether this Madhlima were perpetrated by the Khalifah or those working under him, be they rulers or civil servants. This is the definition of the judge of Mazalim. The origin of the judiciary of Mazalim is derived from reports referred to the Messenger of Allah ( PBUH), where he described the unjust acts perpetrated by the ruler while ruling over the subjects as being a Mazlima. Anas reported: .
在先知穆罕默德ﷺ时代,物价飞涨,人们对他说:“真主的使者啊,您为什么不规定价格呢?”他说:“真主确实是创造者、收取者、扩展财富者、供给者,也是定价者。我希望我见到真主(SWT)时,没有任何人指控我对他犯下不义,无论是在血命上还是在钱财上。”这段圣训由艾哈迈德记载[见《圣训集》(Musnad),3/286]。因此,先知ﷺ认为规定价格是一种不义,因为如果他去规定价格,就等于在没有权力的情况下行事。
“Prices soared during the time of the Messenger of Allah (PBUH) so they said to him: ‘O Messenger of Allah why don't you introduce pricing?’ he said: ‘Verily Allah is the Creator, the Recipient, the Extender of wealth, the Provider, and the Pricer, and I hope that I will meet Allah (S.W.T) without having anyone accusing me of having perpetrated a Mazlima against him be it in blood or in money.’” This is narrated by Ahmad [See Musnad, 3/286]. He (PBUH), therefore judged pricing as being a Mazlama, for if he had done it, i.e. introduced pricing, he would have acted without authority..