11.5 Al-Muhtasib
11.5 Al-Muhtasib
muhtasib(muhtasib)是处理所有涉及公共权利、且没有原告的案件的法官,只要这些案件不属于胡杜德(刑罚条例)和吉纳雅特(刑事法)的范围。
The Muhtasib is the judge that deals in all the cases that concern the public rights and which do not have a plaintiff, as long as these cases do not fall under the Hudood (penal code) and the Jinayat (criminal law).
这是对司法 Hisba(码头监察/公共监督)官员的定义,其依据是圣训中关于一堆食物的记载:先知穆罕默德ﷺ发现一堆食物中有湿气,便下令将湿的食物放在上面,以便人们看见。这是先知ﷺ审视公共权益并作出裁决的一件事,他判定湿的食物应放在上面,以防欺诈。这适用于所有性质相同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,而且本质上属于人与人之间的纠纷。
This is the definition of the judge of Hisba, a definition that is deduced from the Hadith relating to the heap of food when 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. This was a public right on which the Messenger of Allah (pbuh) 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, and they are disputes between people in the first place.