The Institutions of State in the Khilafah by Hizb ut-Tahrir

The judge of Mazalim is a judge appointed to remove every Madhlima (unjust act) perpetrated by the State against any person, whether this person were a citizen of the State or a person living under its authority, and whether this Madhlima were perpetrated by the Khalifah or those working under him, be they rulers or civil servants. This is the definition of the judge of Mazalim. The origin of the judiciary of Mazalim 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 Mazlima. Anas reported: .

“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 Creator, the Recipient, the Extender of wealth, the Provider, and the Pricer, and I hope that I will meet Allah (S.W.T) without having anyone accusing me of having perpetrated a Mazlima against him be it in blood or in money.’” This is narrated by Ahmad [See Musnad, 3/286]. He (PBUH), therefore judged pricing as being a Mazlama, for if he had done it, i.e. introduced pricing, he would have acted without authority..

He (PBUH) also made the issues that affect the common rights which the State organises for the people as part of the Mazalim. If an administrative system was set up to regulate one of the interests of the citizens, and a citizen considered that the system is unjust for him, then his case is examined by the Mathalim. This is because it is a complaint against an administrative system of one of the interests of the citizens set up by the State. This is like the irrigation of farming lands by common water according to a schedule regulated by the State. .

The evidence to this is the complaint presented by the Ansari against the regulation set up by the State for irrigating by water the first, then the next, i.e. allowing the first to be through whose land water passed first. The Ansari wanted Al-Zubayr to let the water flow to him before Al-Zubayr watered his land (since the water passed first in the land of Al-Zubayr). However, Al-Zubayr refused and the case was raised to Allah’s Messenger (PBUH). He judged between them letting Al-Zubayr water lightly and then sends the water to his Ansari neighbour (i.e. without letting Al-Zubayr taking his full turn, as a sign of help to the Ansari). The Ansari did not accept that; he rather wanted the water to reach his land first before Al-Zubayr watered his land. Then he said to the Messenger of Allah (PBUH) that his judgement was as such because Al-Zubayr was his cousin (which was a serious word against the Messenger of Allah (PBUH) for which he was forgiven for he witnessed Badr as reported by Al-Bukhari). At that point the Messenger (PBUH) judged that Al-Zubayr should take his full right in irrigation, which is to irrigate his land till water reaches to the root of the wall or the root of the tree, which was explained by the scholars that the water has to rise in the land till it covers the leg of the person. The whole hadith is narrated by Muslim [Sahih, #2357] through ‘Urwah ibn Al- Zubayr that: .

"Abdullah ibn Al-Zubayr told him that a man from the Ansar quarrelled with Al- Zubayr to the Messenger of Allah (PBUH) regarding Shiraj Al-Harrah with which they irrigate the palm trees. The Ansari said (to Al-Zubayr) let the water flow, but he refused. They quarrelled to the Messenger of Allah (PBUH). The Messenger of Allah (PBUH) said to Al-Zubayr: “You irrigate first O Zubayr and then let the water go to your neighbour.” The Ansari became angry and said, ‘O Messenger of Allah, it is because he is your cousin.’ .

The face of the Prophet of Allah (PBUH ) changed colour and he said: "O Zubayr! Irrigate and then hold the water till it reaches the root of the wall". Al-Zubayr said: ‘By Allah, I think this verse has been revealed regarding that matter.’ "By your Lord, they will not be true believers until they make you judge in their disputes, and they do not find discontent towards your judgement'". (Shiraj Al-Harrah is the water river at Al-Harrah. Abu Ubayd said there were two rivers in Al-Madinah that flowed with the rain water and people would compete with each other regarding it. The Messenger of Allah (PBUH) decided regarding it that the first would irrigate first, which means the landlord at the beginning of the river would irrigate first and then let the water flow to the next and so on). .

Therefore, any Madhlima 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 Madhlima, as gathered from the two hadith. The matter would be referred to the Khalifah to deal with or to whoever the Khalifah appoints as judge of Mazalim to deal with such matters on his behalf.