9.9 The appointment and dismissal of the judges of al-Mazalim
The judge of Mazalim is appointed by the Khalifah, or by the supreme judge. This is because the Mazalim is part of the judiciary, for they are the conveying of the Shariah rule by way of enforcement, and all the types of judges must be appointed by the Khalifah. This is confirmed by the Messenger of Allah's (PBUH) actions, for he (PBUH) used to appoint the judges. All this serves as evidence that it is the Khalifah who appoints the judge of Mazalim, yet the supreme judge could appoint the judge of Mazalim if the Khalifah made provisions for this in his appointment clause. It is allowed for the main court of unjust acts (mahkamat ul-Mathalim) in the centre of the State to examine only the Mazalim that occurred from the Khalifah, his assistants and the supreme judge; whilst the branches of the court of unjust acts in the wilayat examine the Mazalim occurring from the walis and the other State employees. The Khalifah has the right to give the central court of unjust acts the authority of appointment and removal of the Mazalim judges in the branch Mazalim courts that follow it in the wilayat. .
The Khalifah is the one that appoints and removes the members of the main mahkamat ul-mathalim in the centre of the State. As for the removal of the head of the central mahkamat ul-Mazalim, i.e. the Mazalim judge responsible in examining the removal of the Khalifah, it should in principle be the right of the Khalifah to remove him, as it is he who has the right to appoint him like all the judges. However, it is possible, if the power of removing the judge were left to the Khalifah during a case, then this power would lead to haram. In such a situation the principle of "the means that leads to haram is haram" would apply. The strong likelihood of such a scenario arising is enough for applying this principle. .