司法机关负责作出裁决并使之得以执行。它裁断人与人之间的纠纷，防止任何可能损害社会权利的行为，同时也裁断人与统治体系中任何人员之间的纠纷，无论其是统治者还是公务员，无论是哈里发还是其他任何人。

The Judiciary is responsible for delivering the verdict for the purpose of enforcing it. It settles disputes between people, prevents whatever may harm the rights of the community and also settles the disputes between people and any person who is part of the ruling system, whether they are rulers or civil servants, the Khalifah or any other person. .

司法制度的根源及其合法性来自《古兰经》和圣训。至于《古兰经》，安拉（SWT）说：

The origins of the judicial system and its validity are the Book and the Sunnah. As for the Book, Allah (S.W.T) says: .

"{并且你应当依真主所降示的经典，在他们之间做出裁决。}"[5:49]。

"And judge between them by that which Allah has revealed." [5:49]. .

他（SWT）还说："当他们被召唤到真主和使者那里，让他在他们之间裁决时，……"[24:48]。

And He (S.W.T) also says: "And if they were invited to Allah and His Messenger to judge between them." [24:48].

至于圣行（Sunnah），真主的使者（PBUH）本人亲自主管司法，并在人们之间进行裁决。 Note: the rules require ﷺ after mentions of the Prophet, and "(PBUH)" is an abbreviated honorific that should be replaced with ﷺ, not kept. Corrected: 至于圣行（Sunnah），真主的使者ﷺ本人亲自主管司法，并在人们之间进行裁决。

As for the Sunnah, the Messenger of Allah (PBUH) was himself in charge of the Judiciary and he judged between people. .

真主的使者(愿主福安之)曾任命法官。他任命阿里为也门的法官,并向他交代了如何审判,说道:

The Messenger of Allah (PBUH) used to appoint the judges. He appointed ‘Ali as judge over Yemen and he gave him instructions about how to judge by saying: .

"如果两个人来到你这里，在没有听完另一方的陈述之前，不要对其中一方作出判决，这样你才能够做出正确的判断。"这段圣训见于提尔米兹圣训集（《逊南》，第1331条）和艾哈迈德圣训集（《穆斯奈德》，第2卷第165页）。艾哈迈德圣训集的另一则记载中有："

"If two men come to you do not give a judgement for one of them until you have heard what the other has had to say, then you will be able to judge" as narrated by Tirmidhi [Sunan, #1331] and Ahmad [Musnad, 2/165]. In another narration by Ahmad: .

“如果两个争讼的人坐在你面前，不要说话，直到你听完另一方的陈述，就像你听完第一方的陈述一样。”[《musnad》，2/165]

"If the two disputing men sat before you do not speak until you hear from the other as you heard from the first." [Musnad, 2/165] .

他（ﷺ）还任命穆阿兹为贾纳德的法官。这些例证都表明司法制度是合法的。

He (PBUH) also appointed Muadh as a judge over al-Janad. Each of these is evidences point to the validity of the judiciary. .

司法的定义包括上文提到的人与人之间的裁决。它还包括“辖制”（公共秩序），其含义是：

The definition of judiciary includes the judgement between people as mentioned above. It also includes the Hisbah (public order) which means: .

"为了在涉及损害群体权利的事务上执行神圣律法而进行的告知。"这一点在"食物堆"的圣训中得到了体现。穆斯林圣训集（《穆斯林圣训实录》）中以艾布·胡莱赖传述的圣训记载道：

"Informing of the divine rule for the purpose of enforcing it regarding that which causes harm to the rights of the community." This is highlighted in the Hadith of the heap of food. It has been reported in Sahih Muslim on the authority of Abu Hurairah that: .

安拉的使者(SWT)经过一堆食物旁边。他的手伸进去时手指湿了，于是他对卖主说：“这是什么？”卖主说：“它被雨淋湿了，安拉的使者啊。”他ﷺ说：“你为什么不把它放在上面，让人们看见呢？欺骗我们的人不是我们中的一员。”[穆斯林，《圣训实录》，第102条]

"The Messenger of Allah (S.W.T) passed by a heap of food. As he put his hand inside it his fingers got wet, so he said to the vendor: “What is this?” He said: “It was dampened by the rain O Messenger of Allah.” He (PBUH) said: “Why don't you put it on the top so that people can see it? He who cheats us is not one of us." [Muslim, Sahih, #102] .

它也包括玛兹阿里姆（不公正行为），因为它属于司法而非统治的一部分，因为它们是针对统治者的申诉。玛兹阿里姆的定义是："在公民与哈里发或其任何瓦利及雇员之间存在任何争端时，或穆斯林之间对用以裁决和依据之沙里亚经文的理解存在任何分歧时，以强制手段执行神圣的律法来加以裁决。"玛兹阿里姆（不公正行为）在先知ﷺ关于物价制定的圣训中被提及，他说：

It also includes the Mazalim (unjust acts), because they are part of the judiciary and not part of the ruling, because they are complaints against the ruler. The Muzalims would be defined as: "Delivering of the divine rule by way of compulsion in regarding any dispute there may be between the citizens and the Khalifah or any of his Walis or employees, or any difference between the Muslims about the interpretation of any of the Shariah texts to be used in order to judge by them and to rule according to them." The Mazalim (unjust acts) were mentioned in the Hadith of the Messenger of Allah (PBUH) regarding the fixing of prices where he said: .

“我真心希望，自己在见到安拉（伟大而崇高）时，不会有任何人因我所犯的不义而向我提出控诉，无论是涉及人身还是钱财。”[艾哈迈德以安纳斯为传述人所录；参见海赛米《辅益之海》（Majma’ al-Zawa’id）第4卷第102页]。这表明，针对统治者、总督或公务人员的申诉，应当提交给申冤法官（Qadi al-Mazalim），由申冤法官以执行的方式施行安拉的裁决。因此，这一定义涵盖了圣训和安拉使者ﷺ的言行中所体现的司法三个领域，即：裁决人与人之间的争端；防止任何可能损害社群利益的行为；以及裁决公民与统治者之间、或公民与公务人员之间在其职责范围内的争端。

“And verily I hope that I will meet Allah ‘azza wa jall without having anyone claiming against me a Mazlama, that I inflicted on him, be it of blood or funds.” [Ahmad narrated on the authority of Anas. See al-Haythami, Majma’ al-Zawa’id, vol.4, p.102]. This indicates that complaints against the ruler, or the Wali or the civil servant should be submitted to the judge of Mazalim, and the Judge of Mazalim would deliver the divine rule by way of enforcement. Therefore the definition would include the three areas of judiciary reflected in the Ahadith and actions of the Messenger of Allah (PBUH) and these are: settling disputes between people, preventing whatever may harm the interests of the community and the settling of the disputes between the citizens and the rulers or between the citizens and the civil servants within their duties.