4.21 不义行为法庭是唯一能够合法罢免哈里发的机构。
4.21 The Court of Unjust Acts is the only body that could legitimately remove the Khaleefah
“Mahkamat ul-Mazalim”(大理院)单独决定哈里发的情况是否已经发生变化,以致他被免除哈里发职位,它是唯一拥有强制权力来罢免或警告他的机构。
‘Mahkamat ul-Mazalim’ alone decides whether the situation of the Khaleefah had changed in a way which had taken him out of the post of Khilafah or not. It is the only body with mandatory power to remove or caution him.
任何需要罢免哈里发、或使其罢免成为必要的事项,都称为"马兹拉姆"(不义之举),并且应当加以消除。然而,此事必须经过调查,并提供证据,因为这种"马兹拉姆"必须在法官面前得到证实。
Any matter for which the Khaleefah has to be removed or his removal becomes necessary is known as a Mazlema (an act of injustice) and it should be removed. The matter, however, should be investigated and evidence provided as the Mazlema must be proved before a judge.
不公义行为法庭(Mahkamat ul-Mazalim)是裁决所收到的任何申诉(Mazalim)的机构。其法官有资格证实申诉是否属实,并就此作出裁决。然而,如果确实出现了这种情况,哈里发因此而辞职,此事便就此结束。但如果穆斯林认为应当罢免他,而哈里发与他们发生争执,则此事将交由司法机关裁决,因为安拉(SWT)说:
The court of unjust acts (Mahkamat ul-Mazalim) is the body that rules over any complaints (Mazalim) received. Its judge is the person entitled to prove its occurrence and to decide upon it. However, if such a situation did arise and as a result the Khaleefah stepped down, this would be the end of the matter. If, however, the Muslims thought that He should be removed and the Khaleefah disputed with them, the matter would be referred to the judiciary to be settled, for Allah (swt) says:
“如果你们对任何事情有争论,就把它交给安拉和祂的使者裁决。” [TMQ An-Nisa: 59]
“If you dispute together about any matter, refer it to Allah and His Messenger.” [TMQ An-Nisa: 59]
换言之,如果乌玛与当权者发生争议,这一争议便是统治者与乌玛之间的争议。将争议交还给真主和使者,意味着将其交由司法机构裁决,也就是交由不公正行为的法庭。
In other words, if the Ummah disputed with those in authority, this dispute would be between the ruler and the Ummah. Referring the dispute to Allah and the Messenger, means referring it to the judiciary, that is to the court of unjust acts.