伊斯兰教法上，法官（Qadhi al-Mazaalim，申诉法官）拥有强制性的权力，可以罢免任何统治者或公务人员，他也有权罢免哈里发。

The Qadhi al-Mazaalim has the mandatory power to remove any ruler or civil servant, and He also has the right to remove the Khaleefah.

卡迪·马兹拉里姆有权罢免统治者,因为统治者是通过一份称为委任合同的契约被任命的,这份契约也被称为任命合同(Taqleed)。哈里发拥有统治权(Wilayah),也拥有任命权,即委任,而任命只能通过明确的措辞进行。因此,罢免哈里发所任命的统治者即是终止该合同,哈里发无疑保留这一权利。这是因为先知ﷺ曾任命并罢免了众省长(Wulah),四大哈里发(Khulafaa’ Ar-Rashidoon)也曾任命并罢免省长;哈里发还可以将任命与罢免的权力授权给他所任命的人。然而,马兹拉里姆法庭无权代表哈里发罢免统治者,因为它并非代表哈里发进行任命与罢免,而是代表哈里发审理冤屈案件(Mazaalim)。因此,如果某位统治者留任其辖区是一种不公(Mazlema),法庭便有权消除该不公,即有权将该统治者罢免。所以,其罢免统治者的权力并非代表哈里发行使,而仅仅是为了消除不公。因此,法庭判定应予罢免的人便应被罢免,即使哈里发不同意该判决。这是因为罢免该统治者即是消除一项不公,而这适用于所有人,包括哈里发在内,因为法官的判决对所有人都有约束力。至于其罢免哈里发的权力,同样是通过旨在消除不公的判决实现的。因为如果哈里发处于必须将其罢免的情形,或处于因某种原因应当被罢免的境况,那么他继续留任便是一种不公。而审理冤屈案件的马兹拉里姆法庭负责裁决消除不公之事,因此它会下令将其罢免。 因此,由马扎利姆法院作出的、旨在罢免哈里发的判决,将是旨在消除一项不公(Mazlima)的判决。

The Qadhi al-Mazaalim has the right to remove the rulers, for the ruler is appointed by a contract, known as the contract of assignment which is also called the contract of appointment (Taqleed). The Khaleefah has the right of the Wilayah that is the ruling, and He has the right of appointment, which is the assignment, and the appointment can only be done with clear wording. Thus the removal of the ruler appointed by the Khaleefah would be a termination of that contract, and the Khaleefah undoubtedly reserves that right. This is because the Messenger of Allah (pbuh) appointed the Wulah and removed them. The Khulafaa’ Ar-Rashidoon also appointed the Wulah and removed them; the Khaleefah could also delegate to those whom He appointed the right to appoint and remove. However, the court of Mazaalim does not have the right to remove the rulers on behalf of the Khaleefah, for it does not act on his behalf in appointing and removal. it rather acts on his behalf in looking into the Mazaalim. So if the presence of that ruler in his Wilayah was a Mazlema, the court has the right to remove that Mazlema i.e. it has the right to remove that ruler from office. Therefore, its power to remove the ruler is not done on behalf of the Khaleefah, but merely to remove the Mazlema. So the one whom it judges to be removed should be removed, even if the Khaleefah does not agree with the judgement. This is because the removal of that ruler would be the removal of a Mazlema, and this applies to everyone, including the Khaleefah, for the judgement of the judge applies to everyone. As for its power to remove the Khaleefah, this would also be by a judgement aimed at removing a Mazlema. This is because if the Khaleefah were in a situation that necessitates his removal, or in a situation as a result of which He should be removed, then his stay in office would be a Mazlema. It is the court of Mazaalim that judges the removal of Mazaalim, so it would order his removal. Therefore, the judgement of the court of Mazaalim to remove the Khaleefah would be a judgement aimed at removing a Mazlema.

马扎里姆法院有权审理任何不公之事，无论该不公是由政府官员所造成，还是涉及哈里发违背伊斯兰教法（Shar'a），或涉及宪法、法规以及哈里发所采纳的各项伊斯兰教法条款中立法性文本的含义，或涉及税收的征收，又或是其他任何事项。

The court of Mazaalim has the power to look into any Mazlema, whether the Mazlema were perpetrated by government employees, or related to a contradiction of the Shar’a by the Khaleefah, or related to the meaning of a legislative text in the constitution, the canons or the various Shari’ah rules adopted by the Khaleefah, or related to the imposing of a tax, or any other matter.

这是因为真主的使者（愿主福安之）在圣门弟子请求他规定价格、而当时物价已经飞涨时，拒绝了这一请求，并认为规定价格是一种不公（Mazlema）。他（愿主福安之）还认为，非法地安排民众获取灌溉用水，同样是一种不公（Mazlema）。这证明，如果统治者的行为违背了真理（Haqq），或违反了伊斯兰教法（Shari'ah）的规定，那么它就会被视为不公（Mazlema）。真主的使者（愿主福安之）是穆斯林的统治者，也是他们的国家元首。

This is because the Messenger of Allah (pbuh) refused to fix the prices when the Sahabah requested Him to do so after the prices had soared, and He (pbuh) considered price fixing as a Mazlema. He (pbuh) also considered the illegal arrangements of the peoples’ access to irrigation as a Mazlema. This proves that if the action of the ruler contradicted the truth (Haqq), or violated the Shari’ah rules, it would be considered a Mazlema. The Messenger of Allah (pbuh) was a ruler over the Muslims and their Head of State.

此外,如果政府事务中由政府任何成员所做的任何行为与真理(Haqq)相违背,或违反了伊斯兰教法(Shari'ah)的规定,则该行为将被视为Mazlema(不公正)。这是因为该人是哈里发的代表,在政府体制中被委派的职责上代表哈里发行事。

Furthermore, if any action that is part of government business, performed by any member of the government, was in contradiction with the truth (Haqq), or if it violated the Shari’ah rules, it would be considered a Mazlema. This is because that person would be representative to the Khaleefah, acting on his behalf in the task assigned to Him in the government structure.

因此,关于物价的圣训表明,哈里发所犯的过错属于不公之事(Mazlema),而有权审查不公之事(Mazaalim)的是司法法庭。至于审查宪法或法典中的某一条文,宪法是根本大法,法典则是苏丹的法令。因此审查法典,就是审查苏丹的法令,这同样包含在关于物价的圣训之内,因为这就如同审查哈里发的行为一样。此外,真主(SWT)说:“如果你们对任何事情有争议,就应当把它交给真主和使者裁决。”[TMQ 《妇女章》:59]

Therefore, the Hadith about pricing indicates that the offence committed by the Khaleefah is a Mazlema, and it is the court of justice that has the power to look into the Mazaalim. With regards to examining a text in the constitution or the canon, the constitution is the basic law and the canon is the decree of the Sultan. So examining that is examining the decree of the Sultan, which is also included in the Hadith about pricing, for it would be like examining the Khaleefah’s actions. Furthermore, Allah (swt) says; “If you dispute about something refer it to Allah and the Messenger” [TMQ An- Nisa’a: 59],

即，若你与掌权者在某事上发生争执。若此争执涉及宪法中的某一条款，或法典中的某一条文，那么它便是臣民与掌权者之间关于一项沙里尔（伊斯兰教法）规定的争议，必须交由安拉和祂的使者裁决。这意味着应将其提交至不平事裁判庭（Mazaalim），即依据安拉和祂的使者ﷺ的裁决来处理。

i.e. if you disputed with the people in authority about a matter. If this dispute were about an article in the constitution or an article in the canon of the law, then it would be a dispute between the subjects and those in authority on a rule of Shari’ah, which must be referred to Allah and His Messenger. This would mean referring it to the court of Mazaalim, i.e. to the judgement of Allah and His Messenger (pbuh).

关于赋予马扎立姆法庭法官审查税收征收事宜的强制性权力，其依据是先知穆罕默德ﷺ的圣训，他说："我希望在见到安拉至尊至大时，没有任何人因血或财产而向我提出冤屈的控诉。"如果哈里发非法向臣民索取钱财，那就是一种冤屈（Mazlema）；凡是向臣民索取未经伊斯兰教法（Shar'a）认可的钱财，也都是冤屈。因此，马扎立姆法庭有权审查税收，因为税款是从臣民手中征收的钱财。对税收事务的审查，目的在于裁定该项税收是否为伊斯兰教法规定穆斯林应当缴纳的，例如为救济贫困者而征收的钱财，这就不构成冤屈；或者该项税收并非伊斯兰教法所规定的，例如为修建一座并非必要的水坝而征收的钱财，那么它就构成应当予以消除的冤屈。正因如此，马扎立姆法庭有权审查税收。

As for the mandatory power given to the judge of Mazaalim to look into the imposing of a tax, this is derived from the Hadith of the Messenger of Allah (pbuh) where He said; “And I hope to meet Allah Azza wa-Jall without having anyone claiming a Mazlema against me, whether in blood or money.” If the Khaleefah took money from the subjects unlawfully, it would be a Mazlema; and taking money from the subjects that is not approved by the Shar’a is a Mazlema. Therefore, the court of Mazaalim has the right to investigate taxes for it is money taken from the subjects. Its investigation of tax affairs would be with the aim of ruling whether that tax is lawfully obliged by Shar’a on the Muslims, such as the money taken to feed the needy, which would not be a Mazlema; or whether that tax is not obliged by the Shar’a, such as the monies taken to build a dam that is not considered essential, which would therefore be a Mazlema that has to be removed. This is why the court of Mazaalim has the power to examine the taxes.

在穆扎利姆（Mazaalim）司法中，开庭并非必须，也不需要传唤被告，原告的出席同样不是必要条件。穆扎利姆法院有权审理冤屈（Mazlema），即使无人提出诉讼。这适用于任何与政府机构中的人员有关的冤屈，哈里发违反伊斯兰教法规定的行为，任何立法文本的含义，宪法或哈里发所采纳的法令，征收任何税款，或与国家压迫其公民、以武力从他们手中夺取财产有关的冤屈，国家在所征收财产方面的越权行为，以及削减雇员和军队的薪俸或拖延发放薪水的行为。

In the judiciary of Mazaalim, the court sitting is optional, and the summons of the defendant is not necessary, nor is the presence of a plaintiff. The court of Mazaalim has the right to look into a Mazlema even if nobody filed a claim. This is with regards to any Mazlema related to the people in the government structure, the Khaleefah’s violation of the Shari’ah rules, the meaning of any legislative text, the constitution or the canons adopted by the Khaleefah, the imposing of any tax, or related to the State’s oppression of its citizens and seizure (properties) from them by force, its transgression in terms of the collected properties (from them) or reducing the salaries of the employees and the army or delaying their payment.

因此，那些证明司法法庭有必要审理案件的证据，并不适用于马扎利姆法庭，因为并不总是需要有原告。马扎利姆法庭即使无人提起诉讼，也会审理受害事件（Mazlema）。也没有必要传唤被告，因为它审查受害事件时无需被告出席。所以，关于司法法庭必要性的证据并不适用于此。这是基于艾布·达乌德和艾哈迈德从阿卜杜拉·本·祖拜尔所传的圣训，他说：“安拉的使者ﷺ命令争讼的双方坐在法官面前”，以及他ﷺ对阿里（愿安拉喜悦他）所说的：“如果争讼的双方坐在你面前。”因此，马扎利姆法庭有权随时审理受害事件，不受时间、地点或开庭时间等限制。然而，由于该法庭的地位，就其强制权力而言，它始终被威严和尊崇的元素所环绕。在埃及和沙姆的苏丹时代，处理马扎利姆事务的苏丹议事厅被称为“正义之家”（Dar al-'Adl），苏丹会委派代理人代其行事，法官（Qudhah）和教法学家（Fuqahah）也会出席。阿勒-马格里齐在其名为《通往认识列王国家之路》（Al-Sulook Ila Ma'arifati Douwal Al-Mulook）的书中提到，苏丹马利克·萨利赫·阿尤布委派代理人代其在“正义之家”中行事。他们在那里坐镇以解决马扎利姆事务，并召集证人、法官和教法学家。因此，如果马扎利姆法庭拥有一座宏伟的建筑，并无不妥，这属于允许之事，尤其是当它体现了公正的威严时。

This is because the evidence that confirms the need for a judicial court to look into a case does not apply to the court of Mazaalim for it is not always necessary to have a plaintiff. The court of Mazaalim looks into the Mazlema even if nobody filed a claim. It is also not necessary to summon the defendant, because it examines the Mazlema, without the need of his attendance. Therefore, the evidence regarding the necessity of a judicial court does not apply. This is due to what Abu Dawood and Ahmed narrated from ‘Abdullah bin Az-Zubair, He said; “The Messenger of Allah (pbuh) ordered that ‘the two disputing parties sit before the judge”, and his (pbuh) saying to Ali (rta); “If the two disputing parties sat before you.” Therefore, the court of Mazaalim reserves the right to look into the Mazlema as it occurs without any restrictions such as time, place or court sitting. However, due to the standing of this court, as far as its mandatory power are concerned, it has always been surrounded by the elements of prestige and grandeur. In the times of the Sultans in Egypt and Ash-Sham, the Council of the Sultan, where the Mazaalim used to be dealt with, used to be known as the Dar al-’Adl (House of Justice), where the Sultan used to appoint deputies to act on his behalf, and the Qudhah (Judges) and the Fuqahah (Jurists) also used to attend. Al-Maqreezi mentioned in his book entitled, Al-Sulook Ila Ma’arifati Douwal Al-Mulook (The way to know the States of the kings), that the Sultan Al-Malik Al-Salih Ayyub appointed deputies to act on his behalf in the Dar al-Adal. They used to sit there to remove the Mazaalim, and to gather the witnesses, Qudhah and the Fuqahah. Therefore, there is no harm if the court of Mazaalim had a splendid house, for this would be Mubah, especially if this reflected the might of justice.