Muhtasib（监察官）有权在得知违法行为后立即对该行为作出裁决，裁决可以当场作出，也可以在任何地点作出，他不必身处司法法庭之中。他将配有若干警察人员，供其执行命令并当场实施判决。

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.

muhtasib无需设立司法法庭即可审理案件。只要他确信违法行为已经发生，他便可以作出裁决，并且有权在任何地点、任何时间审理案件，无论是在市场上、在家中、骑乘时，还是在白天或夜间乘车时。那些证明处理案件须设立司法法庭的证据，并不适用于muhtasib，因为确立这一条件的圣训说：“如果争讼的双方坐在你面前。”这对hisba的法官并不适用，因为其中既没有原告，也没有被告，而是侵犯了公共权利，或违反了沙里亚。此外，先知穆罕默德ﷺ审理那堆食物的案件时，正在市场中行走，而食物正摆出来出售。他ﷺ并没有把卖主召到自己面前，而是一旦察觉违法行为，便当场予以处理。这表明hisba的案件不需要司法法庭。

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, while riding or in the car during the day or night. 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 that confirmed this condition states; “If the two disputing parties sat before you.” This is not applicable to the judge of Hisba, as there is no plaintiff and no defendant, rather, there is a public right that has been violated, or a violation of the Shar’a. 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. 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 Hisba do not require a judicial court.

muhtasib（监察官）有权为自己选任副手。这些副手应当具备muhtasib所要求的条件，而他也可以将他们派往不同的地方。这些副手有权在其被指派的地区，以及在其被授权处理的事务范围内，履行Hisba（民间监督）的职责。

The Muhtasib has the right to select deputies for him. 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 Hisba in the areas to which they have been assigned, and in the cases for which they have been delegated.

这取决于对穆塔西卜(Muhtasib)的任命中是否包含一项条款,赋予他任命副手的权力,即委派副手代表他行事,前提是任命是由哈里发作出的。若任命是由大法官(Qadhi al-Qudhah)作出的,那么除前一条件外,大法官的任命中还必须包含一项条款,赋予他允许其所任命的法官再委派他人代表自己行事的权力,即授予他们拥有副手的权利。如果大法官本人没有这样的权力,那么他就无权批准此类委派,因此穆塔西卜便不得拥有副手,即他无权委派他人。 法官委派他人代表自己的权力,无论是穆塔西卜、卡迪(Qadhi,法官)还是卡迪·穆扎利姆(Qadhi al-Mazaalim),都不掌握在法官自己手中,除非哈里发允许他这样做;或者招募法官以及允许所任命者进行委派的权力已授予司法总管,即大法官。这是因为法官被任命到司法体系中,也就是某一特定类型的司法体系,即Hisba(公共监察)。因此,如果他未被赋予委派的权利,即为自己任命副手的权利,那么他便不具备任命任何人的强制性权力。这同样适用于卡迪和卡迪·穆扎利姆,因为他们各自都依据任命条款被任命到司法体系中。因此,除非这构成其任命合同的一部分,否则他们不拥有任何额外的权力,即无权任命法官。除非这是其合同的一部分,否则他也无权任命副手代其履行Hisba的职责。大法官同样适用上述规定。 关于委任代理人的合法性，其依据来自先知穆罕默德的做法：他曾被请求裁决某件案子，于是他委派他人代为处理。这就是那位乡下阿拉伯人来见安拉的使者ﷺ，告诉他自己的儿子在一个人家里做工，却与那人的妻子通奸，于是他请求安拉的使者ﷺ裁决的事件。安拉的使者ﷺ在那件事中说道：

This depends on whether the appointment of the Muhtasib includes a clause that gives Him power to appoint deputies, i.e. to delegate deputies who would act on his behalf, in case the Khaleefah made his appointment. If the appointment was however made by the Qadhi al- Qudhah (Supreme judge), then beside the previous condition the appointment of the Qadhi al-Qudhah must include a clause that gives Him power to allow the judges that He appoints to delegate others to act on their behalf, i.e to give them the right to have deputies. If the Qadhi al- Qudhah did not have such power, then He would not be in a position to approve such a delegation, thus the Muhtasib would not be allowed to have deputies, i.e. He would not have the right to delegate. The power of the judge to delegate on his behalf, whether it be the Muhtasib, the Qadhi (judge) or the Qadhi al-Mazaalim, is not in the hands of the judge unless the Khaleefah allows Him to do so; or if the permission to recruit judges and to allow those appointed to delegate were given to the Waali of the judiciary, i.e. the Qadhi al-Qudhah. This is because the judge is appointed to the judiciary, i.e. a specific type of judiciary, which is the Hisba. Therefore, if He were not given the right to delegate, i.e. the right to appoint a deputy for himself, He would not then possess the mandatory power to appoint anyone. This applies to both the Qadhi and the Qadhi al-Mazaalim, for each of them would be appointed to the judiciary according to the appointment clause. Thus they do not possess any extra power, i.e. they would have no right to appoint judges, unless this formed part of the appointment contract. He would not also have the right to appoint deputies to perform the duties of Hisba on his behalf, unless this was part of his contract. The same applies to the Qadhi al-Qudhah. As for the permissibility of appointing deputies, this is derived from the Messenger of Allah’s action, for He (pbuh) was called upon to look into a case, and He appointed someone to act on his behalf. This was what happened in the incident of the desert Arab who came to the Messenger of Allah (pbuh) and informed Him that his son was working for a man and He committed adultery with the man’s wife, so He asked Him for the verdict. The Messenger of Allah (pbuh) said at that incident:

“去吧，欧奈斯（来自艾斯拉姆部族的一个人），到这个人的妻子那里去，如果她承认罪行，就用石头打死她。” [Narrated by Bukhari and Muslim by way of Abi Hurayrah, Zayd bin Khalid al Juhani]

“Go O Unays (a man from Aslam) to this man’s wife, if she admitted guilt then stone her.” [Narrated by Bukhari and Muslim by way of Abi Hurayrah, Zayd bin Khalid al Juhani]

这表明法官可以在其指派的案件中委派代理人代其审理。对于穆赫塔西卜（Muhtasib）而言也是如此，因为他同样属于法官。然而，法官必须允许其代理人全面处理该案件，即代理人应有权审查申诉并亲自作出判决，前提是该委任有效。这是因为司法即是以强制力施行律法，因此在此意义上它不可分割，所以法官不能只委派其调查而不审判。委任必须是完整的，使其成为法官，其判决方为有效。然而，即使他有时实际上并未作出判决，其工作仍然有效，因为作出判决并非担任法官的条件。法官可以审理某案件，在完成工作并作出判决之前被解除职务，之后该案件将转交另一位法官作出判决。法官的代理人也是如此。作出判决并非其条件，但他在受委任时必须被赋予审查和判决的权利，即必须被任命为完整的法官，拥有法官应有的一切权力。穆赫塔西卜同样如此：若他被授予委任代理人的权力，则可以指派代理人，并赋予其在其指定案件中或其所派驻的范围内进行调查和判决的权力。法官所委任的代理人须符合以下法律条件：必须是穆斯林、自由人、公正之人、已成年，并且在其所负责的事务上为学识渊博的法学家（Fuqaha），即他们须具备与穆赫塔西卜相同的条件，因为他们与穆赫塔西卜一样也是法官。

This indicates that the judge could send a deputy to judge on his behalf in a case He assigns to him. The same applies to the Muhtasib, as He is also a judge. However, the judge must allow his deputy to deal with the case as a whole, i.e. He must be allowed to look into the complaint and pronounce judgement himself if the appointment to deputise were valid. This is because the judiciary is the conveying of the rule by way of compulsion, so in this context it cannot be partitioned, and therefore He cannot appoint Him to merely investigate without judging. The appointment must be complete so that He becomes a judge and his judgement becomes valid. However, even if He sometimes did not actually pronounce a judgement, his work would still be valid, for it is not a condition for Him to act as a judge. A judge could look into a case, and before completing his work and pronouncing his judgement, He could be relieved of his duties, and then the case would be referred to another judge who would pass judgement. The same applies to the judge’s deputy. It is not a condition for Him to pass judgement, but He must be given the right to investigate and pass judgement when appointed, i.e. He must be appointed as a full judge, holding all the mandatory powers given to a judge. The same applies to the Muhtasibin He appoints deputies with powers to investigate and judge in the cases He assigns for them, or in the areas in which He places them, that is if He has been given the power to appoint deputies. The legal requirements for those whom the judge appoints as his deputies are: They must be Muslim, free men, just, mature and Fuqaha (learned scholars) in the matters they are assigned to deal with, i.e. they must have the same requirements as the Muhtasib, because they are also judges like him.