9.8 申诉法官(Al-Mazalim)
9.8 The Judge of al-Mazalim (grievances)
“马栏”法官(Mazalim)是指被任命来消除国家对任何人所施加的每一项“马兹利玛”(Madhlima,即不义之举)的法官,无论此人是国家的公民,还是生活在国家权力之下的人;也无论这一不义之举是由哈里发或其下属所施加,不论他们是统治者还是文职官员。这便是“马栏”法官的定义。马栏司法制度的渊源,来自传到安拉的使者ﷺ那里的圣训,其中他描述了统治者在治理臣民时所施行的不义之举,即属于“马兹利玛”。艾奈斯传述:
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: .
在先知穆罕默德ﷺ时代,物价飞涨,人们对他说:“真主的使者啊,您为什么不规定价格呢?”他说:“真主确实是创造者、收取者、扩展财富者、供给者,也是定价者。我希望我见到真主(SWT)时,没有任何人指控我对他犯下不义,无论是在血命上还是在钱财上。”这段圣训由艾哈迈德记载[见《圣训集》(Musnad),3/286]。因此,先知ﷺ认为规定价格是一种不义,因为如果他去规定价格,就等于在没有权力的情况下行事。
“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..
他(愿主福安之)也将关系到公共权利的事务纳入“马扎利姆”(Mazalim)的范围,这些事务由国家为民众组织安排。若国家设立了某种行政制度来规范公民的某项利益,而某位公民认为该制度对自己不公,那么其案件便由“马塔利姆”(Mathalim)审理。这是因为该申诉针对的是国家所设立的、用以规范公民某项利益的行政制度。这类似于按照国家规定的时间表,利用公共水源灌溉农田的情形。
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. .
有证据表明这一点的是,一位安萨尔人(Ansari)就国家所定的灌溉规则提出了申诉。该规则规定按先后顺序放水,即谁的土地上水流先经过,就先由谁灌溉。这位安萨尔人要求祖拜尔(Al-Zubayr)先让水流到他的田地,然后再灌溉自己的土地(因为水先经过了祖拜尔的土地)。然而祖拜尔拒绝了,此事便被提交给安拉的使者ﷺ。他在两人之间作出裁决:让祖拜尔轻度灌溉,然后把水放给他那位安萨尔邻居(即不让祖拜尔充分享用自己应得的份额,以此作为对安萨尔人的帮助)。这位安萨尔人不接受这一裁决,反而要求水先流到他的田地,然后才轮到祖拜尔灌溉。于是他对安拉的使者ﷺ说,裁决之所以如此,是因为祖拜尔是他的表亲。这是对安拉的使者ﷺ极为严重的冒犯之言,但他因为参加过白德尔战役,所以得到了宽恕,此事见于布哈里的记载。至此,使者ﷺ裁定祖拜尔应充分享有其灌溉的权利,即灌溉土地直至水淹到墙根或树根处。学者们解释说,水须在地里升高,直到没过人的小腿。整段圣训由穆斯林(《沙希哈》,第2357条)经由欧尔沃·本·祖拜尔传述。
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: .
阿卜杜拉·本·祖拜尔告诉他,一位来自安萨尔的男子与祖拜尔就哈拉的沙拉杰(Shiraj Al-Harrah)发生了争执,他们用这条渠道灌溉棕榈树。那位安萨尔人(对祖拜尔)说:“让水流过去吧。”但祖拜尔拒绝了。二人便就此事争执起来,并将争端提交给安拉的使者ﷺ。安拉的使者ﷺ对祖拜尔说:“祖拜尔啊,你先灌溉,然后让水流到你邻居那里去。”那位安萨尔人生气了,说:“安拉的使者啊,这是因为他是你的表亲。”
"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.’ .
先知的脸色变了,他说:"祖拜尔啊!你先灌溉,然后把水留住,直到水达到墙根。"祖拜尔说:"真主作证,我认为这节经文正是为那件事而降示的。""以你的主发誓,他们在争端中不以你为裁判,并且在心中不对你的裁决感到不满,他们就不是信士。"(Shiraj Al-Harrah 是哈拉(Al-Harrah)的河水。艾布·尤拜德说,麦地那有两条河,靠雨水流淌,人们为此而相互争夺。真主的使者ﷺ裁定:先到者先灌溉,也就是说,河流上游的田主先灌溉,然后让水流向下一位,依此类推。)
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). .
因此,任何针对个人的不公(Madhlima),无论是由统治者所为,还是由国家机构或命令所造成,都应被视为不公(Madhlima),这一点可从上述两段圣训中得出。此事应交由哈里发处理,或交由哈里发委派的穆扎立姆法官(Qadi Mazalim)代其处理此类事务。
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.