mazālim（冤狱/申冤）法官是由国家任命的法官，其职责是消除国家对任何人所施加的任何不公正行为（madhlama），无论此人是该国公民，还是生活在其统治之下的人；也无论这种不公正行为是由哈里发本人所为，还是由在他手下任职的人所为，不论他们是统治者还是公务员。
The judge of madhaalim is a judge appointed to lift every madhlama (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 madhlama were perpetrated by the Khaleefah or those working under him be they rulers or civil servants.
这是对“意识形态下的申诉法官”（ qadi al-madhalim ）的定义，而申诉审判制度的渊源，来自于归于安拉的使者（愿安拉赐福他并使他平安）的圣训：他把统治者在统治臣民时所犯的不公正行为称为“冤屈”（madhlama）。
安behalf：安纳斯传述：“在安拉的使者（ﷺ）时代，物价飞涨，人们对他说：‘安拉的使者啊，您为什么不规定物价呢？’他说：‘确实，安拉是（万物的）赐予者（Al-Qabid）、扩展者（Al-Basit）、供给者（Ar-Razzaq），也是定价者（Al-Musa'ir），我希望与安拉相见时，没有任何人因我在血液或财产上对他犯下冤屈而向我提出控告。’”因此，他（ﷺ）将定价视为一种冤屈，因为如果他这样做了，即规定物价，那就是在没有权限的情况下行事。
This is the definition of the judge of madhaalim and the origin of the judiciary of madhaalim is derived from reports attributed to the Messenger of Allah (saw) when he described the unjust acts perpetrated by the ruler while ruling over the subjects as being a madhlama. Anas reported: “Prices soared during the time of the Messenger of Allah (saw) 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 madhlama against him be it in blood or in money.” He (saw) therefore judged the pricing as being a madhlama, for if he had done it, i.e. introduced pricing, he would have acted without authority.
“madhaalim”(不义行为)一词见于先知穆罕默德ﷺ的圣训中。他说:“如果我曾拿过某人的钱，这就是我的钱，让他来拿；如果我曾鞭打过某人的背，这就是我的背，让他来报复。”这表明，对统治者、wali（地方长官）或公务人员的申诉，应当提交给mazaalim（申冤）法官，而申冤法官将以强制的方式执行伊斯兰教法的裁决。
The madhaalim (unjust acts) were mentioned in the hadith of the Messenger of Allah (saw) where he said: “If I took money from someone, here is my money, let him take from it, and if I whipped the back of someone, here is my back, let him retaliate.” This indicates that complaints against the ruler, or the wali or the civil servant should be submitted to the judge of madhaalim, and the Judge of madhaalim would convey the Shari‘ah rule by way of compulsion.
他（愿主福安之）还把那些关涉国家为民众组织的公共权利的事务，也纳入“冤狱”（马扎الم）的范畴，例如以公共水源轮流灌溉农田之事。穆罕默德的使者（愿主福安之）曾过问祖拜尔·本·阿瓦姆与一位安suri（ἀنصار）之人之间发生的灌溉纠纷；他（愿主福安之）亲自在场见证，并对祖拜尔说：“祖拜尔啊，你先灌溉，然后让安sari的那人灌溉。”因此，从这两段圣训可以得出，任何人遭受的冤屈，无论是由统治者所为，还是由国家的组织或命令所引起，都应被视为冤屈（马扎立）。此事随后应交由哈里发处理，或交由哈里发所委任的冤狱审理官（马扎立法官）代为处理此类事务。
He (saw) also made the issues that affect the common rights which the State organises for the people as part of the madhaalim, such as the irrigation of farming lands by common water in turn; the Messenger of Allah (saw) looked into the dispute over irrigation that took place between al-Zubayr ibn al-Awwam and a man of the Ansar; he (saw) witnessed it personally and said to Al-Zubayr: “You irrigate first O Zubayr and then the Ansari.” Therefore, any madhlama that occurs on any person, whether perpetrated by the ruler, or occurring as a result of the State’s organisation or orders, would be considered as a madhlama, as gathered from the two ahadith. The matter would be then referred to the Khaleefah to deal with it or to whoever the Khaleefah appoints as judge of madhaalim to deal with such matters in lieu of him.
穆扎利姆法官的强制性权力。
The Mandatory powers of the Judge of Madhaalim.
问责统治者
Accounting the Rulers:
担任马扎阿里姆（Madhaalim）法官者拥有强制性的权力，可以罢免任何统治者或公务员，他也有权罢免哈里发。马扎阿里姆法官有权罢免统治者，因为统治者是通过一份契约任命的，这份契约称为“任命契约”（bay‘ah al-in‘iqad）。必须明白，马扎阿里姆法院并非代表哈里发行事，而是一个独立的法院，其职能是撤销国家对其任何公民所实施的不公正行为（madhlama）。因此，如果某位总督辖区内发生了不公正行为，法院有权撤销该不公正行为，甚至可能必须将该总督免职，即使哈里发不同意其判决。
The judge of madhaalim has the mandatory powers to remove any ruler or civil servant, and he also has the right to remove the Khaleefah. The judge of madhaalim has the right to remove the rulers, for the ruler is appointed by a contract, known as the appointment contract (bay‘ah al-in‘iqad). It is important to understand that the court of madhaalim does not act on behalf of the Khaleefah, but is an independent court that is there to remove any madhlama implemented by the State on any of its citizens. So if a madhlama occurred in the wilayah of a certain governor, the court has the right to remove that madhlama it may have to remove that governor from office, even if the Khaleefah does not agree with the judgement.
至于其罢免哈里发的权力，这同样是一项旨在消除不公（madhlama）的裁决。因为如果出现某种情况需要将其罢免，或者出现某种因此应当将其罢免的情形，那么他继续任职便构成不公，而裁决不公并将其消除的，正是申冤法庭（mahkamat al-madhaalim），因此由它下令罢免他。由此，申冤法庭罢免哈里发的裁决，便是一项旨在消除不公的裁决。这是伊斯兰为监督和问责统治者所确立的一项基本机制。
As for its powers to remove the Khaleefah, this would also be a judgement aimed at removing a madhlama, for if a situation arose that necessitated his removal, or a situation as a result of which he should be removed, then his stay in office would be a madhlama, and it is the court of madhaalim that judges the removal of a madhlama, so it orders his removal. Therefore, the judgement of the court of madhaalim to remove the Khaleefah would be a judgement aimed at removing a madhlama. This is a principle mechanism that Islam has defined for regulating and accounting the ruler.
madhaalim法庭有权审理任何不公之事（madhlama），无论这些不公是由政府官员所造成，还是与哈里发违背伊斯兰教法有关，或与哈里发所采纳的各种伊斯兰教法规定有关，或与征收赋税或其他任何事务有关。这是因为，当圣门弟子在物价飞涨之后请求先知ﷺ规定价格时，先知ﷺ拒绝了定价，并认为定价属于一种不公（madhlama）。这证明，如果统治者的行为违背或侵犯了伊斯兰教法的规定，那么它就会被视为一种不公（madhlama）。先知ﷺ是穆斯林的统治者，也是他们的国家元首。
The court of madhaalim has the powers to look into any madhlama, whether the madhlama were perpetrated by government employees, or related to the contradiction of the Shari‘ah by the Khaleefah, or the various Shari‘ah rules adopted by the Khaleefah, or related to the imposing of a tax or any other matter. This is so because the Messenger of Allah (saw) refused to fix the prices when the Sahabah requested him to do so after the prices had soared, and he (saw) considered price fixing as being a madhlama. This proves if the action of the ruler contradicted or violated the Shari‘ah rules, it would be considered a madhlama. The Messenger of Allah (saw) was a ruler over the Muslims and their head of state.
此外，政府事务中由政府任何成员所实施的任何行为，如果该行为违背了合法的规定，或违反了伊斯兰教法的规则，都将被视为"马里玛"（madhlama，不公之举）。因为该人员是哈里发的代理人，依据统治体系中分配给他的职责代表哈里发行事。因此，关于定价的圣训表明，哈里发所犯的过错也属于"马里玛"。
Furthermore, every action that is part of the government business, performed by any member of the government, if this action was in contradiction of what is lawful, or if it violated the Shari‘ah rules, it would be considered a madhlama, for that person would be a deputy to the Khaleefah, acting on his behalf according to the task assigned to him within the ruling system. Therefore, the hadith about the pricing indicates that the offence committed by the Khaleefah is a madhlama.
要查看宪法或法典中的某段文字，就等同于审视统治权威的秩序。宪法与法典代表着基本法律，而法律又体现了哈里发的秩序。因此，这一点也包含在关于定价的圣训之中，因为这就如同审视哈里发的行为一样。此外，真主（SWT）说：“如果你们为任何事情发生争执，就应当把它交归真主和使者。”[TMQ 4:59]
To look into a text from the constitution or the canon, would be to look into the order of the authorities, since the constitution and the canon represent the basic laws and since the laws represent the order of the Khaleefah, this is also included in the hadith about the pricing, for it would be like looking into the Khaleefah’s actions; and besides, Allah (swt) says, “If you dispute about something refer it to Allah and the Messenger.” [TMQ 4:59].
即如果你与当权者就某一事项发生争议,而该争议涉及宪法条文或法律条文,那么这就是臣民与当权者之间关于一项伊斯兰教法规定的争议,因此必须诉诸安拉和祂的使者,也就是在此情况下诉诸不公审判庭(Mazaalim),即诉诸安拉(SWT)和祂的使者ﷺ的裁决。
i.e. if you disputed with the people in authority about a matter, and this dispute was about an article in the constitution or an article of the law, then it would be a dispute between the subjects and those in authority about a rule of Shari‘ah, then it must be referred to Allah and His Messenger, which means in this case to refer it to the court of madhaalim, i.e. to the judgement of Allah (swt) and His Messenger (saw).
关于赋予不当之治法院（Madhaalim）法官审理课税问题的强制性权力，其依据是先知（愿主赐福并使他平安）的圣训：“如果我曾从任何人那里拿走过钱财，这是我的钱，让他来拿去。”先知（愿主赐福并使他平安）还说：“我希望在见到安拉至尊至大时，没有任何人因血债或钱财而向我申诉不公（madhlama）。”如果哈里发非法向臣民征收钱财，这就构成不公（madhlama），因此不当之治法院有权审查税收事务，因为这是从臣民那里征收的钱财。对税收征收的审查，目的在于裁定这些税款是否依照伊斯兰教法合法地向穆斯林征收，例如用于救济贫困者的钱财，这不构成不公；或者裁定这些税款是否非伊斯兰教法所规定，例如为建造一座并非必要的水坝而征收的钱财，这就构成不公，必须予以取消。这正是司法法院有权审查税款的原因。
As for the mandatory powers given to the judge of madhaalim to look into the imposing of a tax, this is derived from the hadith of the Messenger of Allah (saw) where he said, “If I took money from anyone, here is my money, let him take from it.” And he (saw) also said: “And I hope to meet Allah Azza wa Jall without having anyone claiming a madhlama against me, whether in blood or money.” If the Khaleefah took money from the subjects unlawfully, it would be a madhlama, therefore the court of madhaalim has the right to investigate tax affairs for it is money taken from the subjects. Its investigation of tax collections would be with the aim of ruling whether those taxes are lawfully imposed by Shari‘ah on the Muslims, such as the money taken to feed the needy, which would not be a madhlama; or with the aim of ruling whether those taxes are not imposed by the Shari‘ah, such as the monies taken to build a dam that is not considered to be essential which would therefore be a madhlama and would have to be removed. This is why the court of justice has the power to look into the taxes.
在马扎里姆（申冤）司法中，开庭并非必要，传唤被告也不是必需的，原告是否到场同样不是必需的；马扎里姆法庭有权审理冤情（mazlama），即使没有人提出诉讼。
In the judiciary of madhaalim, the court sitting is optional, and the summons of the defendant is not necessary, nor is the presence of a plaintiff; the court of madhaalim has the right to look into a madhlama even if nobody filed a claim.
因此,证明司法法院需要审理案件的证据,并不适用于申诉法院(mazalim court),因为并非总是需要有原告。申诉法院即使无人提出诉讼也会审理不公之事(madhlama),而且也并非总是需要传唤被告,因为它关注的是不公之事本身。因此,源自先知穆罕默德ﷺ的圣训所推出的司法法院之必要性——“两造争讼者坐在法官面前”,以及“如果两造争讼者坐在你面前”——并不适用于申诉法院。所以,申诉法院有权审理出现的不公之事,而不受时间、地点或开庭等任何限制。
This is so because the evidence that confirms the need for a judiciary court to look into a case does not apply for the court of madhaalim for it is not always necessary to have a plaintiff. The court of madhaalim looks into the madhlama even if nobody filed a claim, and because it is not always necessary to summon the defendant, for it concentrates on the madhlama; therefore the necessity of a judiciary court, which is deduced from the ahadith of the Messenger of Allah (saw): “The two disputing parties sit before the judge.” and: “If the two disputing parties sat before you.”, does not apply to the court of madhaalim. Therefore, the court of madhaalim reserves the right to look into the madhlama as it occurs without any restrictions such as time, place or court sitting.