9.2 法官的条件
9.2 The conditions of the judges
任何担任法官一职的人都必须是穆斯林、自由人、成年人、神智健全者、公正之人、Faqih(精通教法的学者),并且懂得如何将伊斯兰教法的裁决运用于现实情况(li-tanzil al-ahkam 'ala 'l-waqi')。至于担任申冤法庭(Mazalim)司法职务的人,除上述条件外,还必须是男性,并且是Mujtahid(教法推理者),与最高法官(Qadi al-Qudah)一样,因为这一职位实质上属于司法与裁决权,他要对统治者进行审判,并对其执行沙里亚。因此,除担任法官的其他条件之外,他必须是男性,其中之一便是成为Faqih。此外,他还必须是Mujtahid,因为他可能需要审理的申冤案件之一,是统治者是否以非真主所降示的法律进行统治,即依据没有沙里亚依据支持的法律裁决,或所援引的依据与该事件无关;而只有Mujtahid才能处理此类申冤案件。因此,如果他不是Mujtahid,他就是在没有知识的情况下审判,这是被禁止的。所以,除统治者和法官的条件之外,他还应当是Mujtahid。
Anyone taking up the post of judge must be a Muslim, free, mature, sane, just, a Faqih (learned scholar), and aware of how to apply the Islamic rulings to the reality (li-tanzil al-ahkam ‘ala ’l-waqi’). As for the person who takes up the judiciary of Mazalim, in addition to the conditions mentioned, he must also be male and a Mujtahid (legist), just like the supreme judge (Qadi al-Qudah), because this post is in fact judiciary and ruling, for he judges over the ruler and executes the Shariah upon him. Therefore he must be male in addition to the other conditions of the post of judge; one of which is to be a Faqih. Furthermore, he has to be a Mujtahid, because part of the Mazalim which he may be required to look into is whether the ruler has ruled by other than that which Allah has revealed, i.e. ruled by a law that has no Shariah evidence to back it, or in case the evidence he used does not relate to the event, and only the Mujtahid can deal with such Madhlima. Therefore if he were not a Mujtahid, he would be judging without having knowledge; and that is forbidden. Therefore, in addition to the conditions of the ruler and those of the judge, he should also be a Mujtahid.