Article 90

The Court of Injustice Acts (*Madhalim*) has the right to remove any ruler or civil servant in the State, in the same way that it has the right to remove the *Khalifah*, if the elimination of the *Madhlamah* required this removal.

This article clarifies the powers of the Court of Injustices (*Madhalim*) with respect to removal of the rulers, since the ruler is appointed by a contract, known as the Contract of Assignment which is also called the Contract of Empowerment. The *Khalifah* has the right of the governorship which is the ruling, and he has the right of empowerment which is the appointment, and the empowerment is a contract that can only be completed with direct wording. Therefore, the removal of the ruler appointed by the *Khalifah* would be a termination of that contract, and the *Khalifah* undoubtedly reserves that right since the Messenger ﷺ appointed the governors and removed them. The righteously guided *Khulafaa’* also appointed the governors and removed them. In the same manner the *Khalifah* could also delegate to those whom he appointed the right to appoint and remove. However, the Court of Injustices (*Madhalim*) does not have the right to remove the rulers on behalf of the *Khalifah*, for it does not act on his behalf in appointing and removal; it rather acts on his behalf in looking into the injustices (*Madhalim*). So if the presence of that ruler in his province was an injustice (*Madhlama*), the court has the right to remove that injustice (*Madhlamah*); in other words, it has the right to remove that ruler from office. Therefore, its power to remove the rulers is not done on behalf of the *Khalifah*, rather it is only removing the injustice (*Madhlamah*), and accordingly those who have been ruled upon to be removed are removed even if the *Khalifah* is not pleased with it, since his removal in this situation is the ruling upon the removal of an injustice (*Madhlamah*), and this applies to everyone including the *Khalifah*, since the ruling of the judge is a ruling for everyone.

As for its powers to remove the *Khalifah*, in the same manner it is ruling upon the removal of an injustice (*Madhlamah*), since if one of the circumstances where the *Khalifah* is removed automatically or necessitated his removal occurs, then his remaining in office would be an injustice (*Madhlamah*). And it is the Court of Injustices (*Madhalim*) which rules upon the removal of the injustices (*Madhalim*), so it is the one who rules upon his removal. Therefore, the judgement of the Court of Injustices (*Madhalim*) to remove the *Khalifah* would be a judgement aimed at removing an injustice (*Madhlamah*), and so if removal of the *Madhlamah* necessitated his removal, the judgement for his removal would be given.

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