司法机关负责作出裁决并执行裁决。它化解人与人之间的纠纷，防止任何可能损害社会权利的行为，并且化解人与执政体系中任何人之间的纠纷，无论其是统治者还是公务人员，是哈里发还是其他任何人。司法制度的根源及其合法性来自《古兰经》和逊奈。至于《古兰经》，安拉（SWT）说：“你要按照安拉所降示的来在他们之间进行裁决。” [TMQ Al-Mai’dah: 49]

The Judiciary is responsible for delivering the verdict for the purpose of enforcing it. It settles disputes between people, prevents whatever may harm the rights of the community and also settles the disputes between people and any person who is part of the ruling structure, whether they are rulers or civil servants, the Khaleefah or any other person. The origin of the judicial system and its validity is the Book and the Sunnah. As for the Book, Allah (swt) says; “And judge between them by that which Allah has revealed.” [TMQ Al-Mai’dah: 49]

他（swt）还说："当他们被邀请到真主和祂的使者那里去裁决他们之间的争端时……" [TMQ An-Nur: 48]

And He (swt) also says; “And if they were invited to Allah and His Messenger to judge between them...” [TMQ An-Nur: 48]

至于圣训,安拉的使者(愿主赐他平安)亲自主持司法,并在人们之间裁决。布哈里记载,安拉的使者(愿主赐他平安)的妻子阿伊莎说:“乌特巴·本·艾比·瓦卡斯嘱咐他的兄弟萨德·本·艾比·瓦卡斯,说祖玛阿的儿子是他的,让萨德把这个孩子带在身边。征服麦加之年,萨德带走了这个孩子,并说:‘这孩子是我的侄子,他(他的兄弟)已将他托付给我。’阿卜杜·本·祖玛阿站出来说:‘他是我的兄弟,是我父亲所生之子,他是生在父亲的床上的。’于是两人都奔向安拉的使者(愿主赐他平安)那里。萨德说:‘安拉的使者啊!他是我的侄子,我的兄弟已将他托付给我。’阿卜杜·本·祖玛阿说:‘他是我的兄弟,是我父亲在他的床上所生的儿子。’安拉的使者(愿主赐他平安)说:‘孩子属于床的主人,奸夫则应受石刑。’”安拉的使者(愿主赐他平安)曾任命法官。他任命阿里为也门的法官,并指导他如何裁决,说:“如果两个争讼的人来到你面前,在未听取另一方的陈述之前,不要对任何一方作出判决。”他(愿主赐他平安)还任命穆阿兹为贾纳德的法官。这表明了司法制度的传承。至于安拉的使者(愿主赐他平安)所采用的司法方式,可以从阿伊莎的圣训中推知:萨德与阿卜杜·本·祖玛阿为祖玛阿的儿子发生争执,二人都声称这孩子是自己的。安拉的使者(愿主赐他平安)告知他们安拉的律例:祖玛阿的儿子是阿卜杜·本·祖玛阿的兄弟,孩子属于在其床上所生的那一方。因此,他(愿主赐他平安)的判决既是对安拉律例的告知,随后又将其施行于他们二人,于是阿卜杜·本·祖玛阿得到了这个孩子。这就是界定司法的证据,而这一界定也恰好描述了司法的实际情况。 然而,由于它是一个神圣的实在,而神圣的定义实际上是一条神圣的法则,因此它需要有证据来推导出它,而这段圣训正是司法定义的证据。

As for the Sunnah, the Messenger of Allah (pbuh) was himself in charge of the Judiciary and He judged between people. Al- Bukhari narrated about A’isha, wife of the Messenger of Allah (pbuh), that she said; “Utba Ibnu Abi Waqqas told his brother Sa’d bin Abi Waqqas that the child of Zuma’a belongs to him, so keep Him with you. In the year of the conquest, Sa’d took Him and said, ‘The child is my nephew, and He (his brother) has entrusted Him to me.’ Abd ibn Zuma’a stopped and said, ‘He is my brother, the son born to my father, and He was born on his bed.’ So they both rushed to the Messenger of Allah (pbuh) and Sa’d said ‘O Messenger of Allah! He is my nephew and my brother has entrusted Him to me’ and ‘Abd bin Zuma’a said, ‘He is my brother and a son born to my father on his bed.’ The Messenger of Allah (pbuh) said, ‘The child is for the bed and for the fornicator is stoning.’” The Messenger of Allah (pbuh) used to appoint the judges. He appointed ‘Ali as judge over Yemen and He gave Him instructions about how to judge by saying; “If two disputing men come to you do not give a judgement for one of them until you have heard what the other has had to say.” He (pbuh) also appointed Mu’az as a judge over Al-Janad. This indicates the legacy of the judiciary. As for the method of judicature carried out by the Messenger (pbuh), it can be deduced from the Hadith of ‘A’iesha that Sa’d and Abd Ibnu Zuma’a disputed over the son of Zuma’a. Each one claimed that He was his. The Messenger of Allah (pbuh) informed them of the divine rule that the son of Zuma’a was the brother of Abd Ibnu Zuma’a, and that the child belongs to the one on whose bed it is born. Therefore, his (pbuh) judgement was information about the divine rule and then He enforced it upon them, and thus ‘Abd Ibnu Zuma’a took the child. This is the evidence that gives the definition of the Judiciary and this definition serves as a description of the reality. However, since it is a divine reality, and since the divine definition is in fact a divine rule, it therefore requires evidence from which it is to be deduced, and this Hadith serves as an evidence for the definition of the judiciary.

有些人将司法的职能定义为"解决人与人之间的纠纷"。然而，这一定义一方面并不完备，另一方面也不能反映先知穆罕默德的言行所体现的司法实际。这一定义仅仅是司法可能产生或不产生的某种结果的表现而已。因为法官可以对案件作出判决，却未必能够解决当事双方之间的争端。因此，既全面又精确的定义应当是本章开头所提到的那一定义，即从圣训中推导出的定义。

Some people defined the functions of the judiciary as being the ‘settling of the disputes between people’. However this definition is deficient on the one hand, and on the other hand it is not a description of the reality of the judiciary as reflected in the Messenger of Allah’s actions and sayings. This definition is merely a manifestation of what may or may not arise from the judiciary. For the judge may render a judgement on the case without necessarily settling the dispute between the parties. Therefore, the comprehensive and exclusive definition would be the one mentioned at the beginning of this chapter i.e. the one deduced from the Ahadith.

此外,这一定义还包括对人与人之间的裁决,这在阿伊莎的圣训中有所提及。它也包括公共秩序(Hisba),其含义是:“传达天命的律法,以执行那些损害社群权益之事。”这一点在“食物堆”的圣训中得到了突出体现。据《圣训实录》(Sahih Muslim)记载,阿布·胡莱赖(愿安拉喜悦之)传述:安拉的使者ﷺ经过一堆食物,他把手伸进去,手指碰到了湿润的部分,于是他对卖主说:

Moreover, this definition includes the judgement between people, and this is mentioned in the Hadith of ‘A’eisha. It also includes the Hisba (public order) which means: ‘Conveying the divine rule for the purpose of enforcing it regarding that which causes harm to the rights of the community.’ This is highlighted in the Hadith of the heap of food. It has been reported in Sahih Muslim on the authority of Abu Hurayra that the Messenger of Allah (pbuh) passed by a heap of food. As He put his hand inside it his fingers got wet, so He said to the vendor:

“‘这是什么？’他说：‘它被雨淋湿了，安拉的使者啊。’先知ﷺ说：‘你为什么不把它放在上面，好让人们看见？欺诈的人不属于我。’” 它也包括“Mazaalim”（不公之事），因为它属于司法而非统治的范畴，因为它们是针对统治者的申诉。Mazaalim的定义是：“以强制手段施行真主的律法，以裁决公民与哈里发或其任何官员（Wulah）或雇员之间可能产生的争端，或穆斯林之间对用于裁决与依据的任何沙里亚经文的理解所产生的冲突。” Mazaalim（不公之事）在先知ﷺ关于物价管理的圣训中被提及，他说：“我真心希望，当我与安拉—至尊至大—相见时，没有任何人因我所加于他的不公（Mazlama，申诉），无论是关于血命还是财产，向我提出控告。”[艾哈迈德以安斯为传述人所记载]这表明，针对统治者、总督（Waali）或公务人员的申诉，应当提交给Mazaalim法官，而Mazaalim法官应以强制执行的方式施行真主的律法。因此，该定义涵盖了先知ﷺ的圣训与行为中所反映的司法的三个领域：解决人与人之间的争端，防止任何可能损害社会权利的行为，以及解决公民与统治者之间、或公民与公务人员在其职责范围内的争端。

“‘What is this?’ He said; ‘It was dampened by the rain O Messenger of Allah.’ He (pbuh) said; ‘Why don’t you put it on the top so that people can see it? He who cheats does not belong to me.’” It also includes the Mazaalim (unjust acts), because they are part of the judiciary and not part of the ruling, since they are complaints against the ruler. The Mazaalim would be defined as: ‘Delivering of the divine rule by way of compulsion with regards to the dispute that may arise between the citizens and the Khaleefah or any of his Wulah or employees, or any conflict between the Muslims about the interpretation of any of the Shar’a texts used in order to judge by them and to rule according to them.’ The Mazaalim (unjust acts) were mentioned in the Hadith of the Messenger of Allah (pbuh) regarding the fixing of prices where He said; “And verily I hope that I will meet Allah Azza wa Jall without having anyone claiming against me a Mazlama (complaint) I inflicted on him, be it of blood or funds.” [Narrated by Ahmad on the authority of Anas] This indicates that complaints against the ruler, or the Waali or the civil servants should be submitted to the judge of Mazaalim, and the Judge of Mazaalim would deliver the divine rule by way of enforcement. Therefore the definition would include the three areas of judiciary reflected in the Ahadith and actions of the Messenger of Allah (pbuh). These are: settling disputes between people, preventing whatever may harm the rights of the community and the settling of disputes between the citizens and the rulers, or between the citizens and the civil servants within their duties.