11.7 怨屈法官(Qadhi of Mazaalim)
11.7 Qadhi of Mazaalim
审理申冤法官(Qadhi Al-Mazaalim)是一位被任命的法官,其职责是消除国家对任何人所施加的不义行为(Mazlema),无论该人是国家的公民,还是生活在国家权威之下的人;也无论这一不义行为是由哈里发本人,还是由为他工作的人所造成,不论他们是统治者还是公务员。
The Qadhi Al-Mazaalim is a judge appointed to remove every Mazlema (unjust act) perpetrated by the State against any person, whether this person was a citizen of the State or a person living under its authority, and whether the Khaleefah or those working under Him perpetrated this Mazlema, be they rulers or civil servants.
这是“مظالم”(马兹阿里姆)法官的定义。马兹阿里姆司法的渊源,来自归于安拉的使者ﷺ的圣训。圣训中,他描述了统治者在治理臣民时所犯的不公正行为,称之为“مظلمة”(麦兹拉马)。安斯传述道:
This is the definition of the judge of Mazaalim. The origin of the judiciary of Mazaalim 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 Mazlema. Anas reported:
在先知穆罕默德ﷺ的时代,物价曾经上涨,人们便对他说:"安拉的使者啊,您为什么不规定价格呢?"他说:"安拉确是使人收取、使人舒展、供给者,也是定价者。我希望与安拉相见时,没有任何人因我在血或财产上对他施行不义而控告我。" [Narrated by Ahmad]
“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 Recipient, the Extender of wealth, the Provider, and the Pricer, and I hope that I will meet Allah (swt) without having anyone accusing me of having perpetrated a Mazlema against Him be it in blood or in money.’” [Narrated by Ahmad]
他(愿主赐福并使其平安)因此裁定定价属于不公正行为(Mazlema),因为如果他(即定价)是他所做的,那么他就是在没有应得权利的情况下行事。他(愿主赐福并使其平安)还将关涉公众权利的事务——国家为民众组织的事务,例如以轮流方式用公共水源灌溉农田——也归入Mazaalim(不公之事)。安拉的使者ﷺ审理了祖拜尔·本·阿瓦姆与一位安沙尔人之间发生的灌溉纠纷。他ﷺ亲自到场,并对祖拜尔说:“祖拜尔啊,你先灌溉,然后让水流向你的邻居。”因此,根据这两段圣训,任何针对任何人的不公之事,无论是由统治者所为,还是由国家的机构或命令所造成的,都应被视为不公之事(Mazlema)。此事应交由哈里发处理,或交由哈里发任命的Qadhi al-Mazaalim(不公事务法官)代其处理。
He (pbuh), therefore judged pricing as being a Mazlema, for if He had done it, i.e. introduced pricing, He would have acted without a due right given to him. He (pbuh) also made the issues that affect the public rights that the State organises for the people as part of the Mazaalim, such as the irrigation of farming lands by common water in turn. The Messenger of Allah (pbuh) looked into the dispute over irrigation that took place between Az-Zubayr Ibnul-’Awwam and a man of the Ansar. He (pbuh) witnessed it personally and said to Az-Zubayr; “You irrigate first O Zubayr and then let the water go to you neighbour.” Therefore, any Mazlema that occurs against any person, whether perpetrated by the ruler, or as a result of the State’s organisations or orders, would be considered as a Mazlema, as gathered from the two Ahadith. The matter would be referred to the Khaleefah to deal with or to whomever the Khaleefah appoints as Qadhi al-Mazaalim to deal with such matters on his behalf.