11.2 担任法官职位所需的条件
11.2 The conditions required for the post of judges
担任法官一职者必须是穆斯林、自由人、成年人、神智健全,是精通教法的学者(Faqih),并且懂得如何将法则运用于具体事件。担任马札alim(冤狱申诉)司法职位的人,除上述条件外,还必须是男性,并且是穆查希德(Mujtahid,教法推理学者),与最高法官(Qadhi al-Qudhah)的要求相同。这是因为该职位实际上兼具司法与统治的职责:他要对统治者进行裁决,并对其执行沙里亚。因此,除担任法官的其他条件(其中之一是成为Faqih)之外,他必须是男性。此外,他还必须是穆查希德,因为作为马札alim的一部分,他可能需要审查统治者是否以非真主所降示之法进行统治,即依据没有沙里亚证据支持的法律进行统治,或者所援引的证据与事件无关。只有穆查希德才能处理此类冤屈。因此,如果他不是穆查希德,他就会在自己知之甚少或毫无所知的事情上进行裁决,而这是被禁止的。所以,除统治者和法官的条件之外,他还应当是穆查希德。
Anyone taking up the post of a judge must be a Muslim, free, mature, sane, just a Faqih (learned scholar), and aware of how to apply the rules to the events. The person who takes up the judiciary of Mazaalim, in addition to the conditions mentioned must also be male and a Mujtahid (jurist), just like the Qadhi al-Qudhah (Supreme judge). This is because this post is in fact a combination of judicial and ruling responsibilities, for He judges over the ruler and executes the Shari’ah upon him. Therefore He must be male in addition to the other conditions for the judge post, one of which is to be a Faqih. Furthermore, He has to be a Mujtahid, because as part of the Mazaalim He may be required to look into whether the ruler has ruled by other than that which Allah has revealed, i.e. ruled by a law that has no Shar’a evidence to back it, or in case the evidence He used does not relate to the event. It is only the Mujtahid who can deal with such Mazlama. Therefore if He were not a Mujtahid, He would be judging on something He knows little about or has no knowledge at all, and that is forbidden. Therefore, in addition to the conditions of the ruler and those of the judge, He should also be a Mujtahid.