11.6 穆哈塔西卜的强制权力
11.6 The mandatory powers of the Muhtasib
Muhtasib(监察官)有权在得知违法行为后立即对该行为作出裁决,裁决可以当场作出,也可以在任何地点作出,他不必身处司法法庭之中。他将配有若干警察人员,供其执行命令并当场实施判决。
The Muhtasib has the power to judge on the offence as soon as He learns about it, and this could take place on the spot and at any location. He does not need to be in a judicial court. He will have at his disposal a number of police staff to execute his orders and to apply the sentence on the spot.
muhtasib无需设立司法法庭即可审理案件。只要他确信违法行为已经发生,他便可以作出裁决,并且有权在任何地点、任何时间审理案件,无论是在市场上、在家中、骑乘时,还是在白天或夜间乘车时。那些证明处理案件须设立司法法庭的证据,并不适用于muhtasib,因为确立这一条件的圣训说:“如果争讼的双方坐在你面前。”这对hisba的法官并不适用,因为其中既没有原告,也没有被告,而是侵犯了公共权利,或违反了沙里亚。此外,先知穆罕默德ﷺ审理那堆食物的案件时,正在市场中行走,而食物正摆出来出售。他ﷺ并没有把卖主召到自己面前,而是一旦察觉违法行为,便当场予以处理。这表明hisba的案件不需要司法法庭。
A judicial court would not be required for the Muhtasib to look into the case at hand, He passes the judgement the moment He is sure that the offence took place, and He has the power to judge at any place and at anytime, whether in the market, in the house, while riding or in the car during the day or night. The evidence that confirms the need to have a judicial court in order to deal with a case does not apply to the Muhtasib, because the Hadith that confirmed this condition states; “If the two disputing parties sat before you.” This is not applicable to the judge of Hisba, as there is no plaintiff and no defendant, rather, there is a public right that has been violated, or a violation of the Shar’a. Besides, when the Messenger of Allah (pbuh) looked into the case of the heap of food, He was walking in the market at the time and the food was displayed for sale. He (pbuh) did not summon the vendor to him, but as soon as He detected the offence He dealt with it on the spot. This indicates that the cases of Hisba do not require a judicial court.