9.10 The mandatory powers of the judges of al-Mazalim
The court of Mazalim has the mandatory power to look into any Madhlima, whether the Madhlima were perpetrated by government civil servants, or related to a contradiction of the Shariah by the Khalifah, the meaning of a legislative text in the constitution, the canon or the various Shariah rules adopted by the Khalifah, the imposing of a tax, or any other matter. .
Judiciary of Mazalim regarding any madhlima connected to some civil servants, the Khalifah’s violation of the Shariah rules, the meaning of any legislative text, the constitution or the canons within the adoption of the Khalifah, the imposing of any tax; or related to the State’s oppression of its citizens in terms of the seizure of their properties by force, or its transgression in terms of the collected properties (from them) or reducing the salaries of the employees and the army or delaying their payment: In all of these types of madhlima there is no necessity of a judicial sitting to look into the case, to summon the defendant, or to have a plaintiff. It rather has the right to look into the madhlima even if there was no complaint by anybody. .
This is because the evidence that proves the stipulation of the presence of judiciary sitting to examine the case does not apply to the judiciary of the Mazalim. This is because it has no plaintiff, as the presence of a plaintiff is not necessary. The court of Mazalim has the right to look into a Madhlima even if nobody filed a claim because it not necessary for the plaintiff to attend, since it examines the case without the need of the attendance of the defendant, as it studies the case. Therefore, the evidence regarding the necessity of a judicial court does not apply to that. This is due to what Abu Dawud and Ahmed narrated from Abdullah bin Al-Zubair, he said: “The Messenger of Allah PBUH) ordered that‘the two disputing parties sit before the judge.’" And his (PBUH) saying to ’Ali (ra): "If the two disputing parties sat before you.”.