Mataki na 55
Article 55
Gwamna ba shi da wajibci ya sanar da Khalifah abin da ya aiwatar a cikin ikon da aka ba shi. Idan wata sabuwar matsala ta taso wadda ba ta da misali a baya, dole ne ya fara sanar da Khalifah game da ita, sannan ya ci gaba bisa ga umarnin Khalifah. Idan ya ji tsoron cewa matsalar za ta ƙara tsanani idan an jinkirta, sai ya aiwatar da aikin, sannan dole ne daga baya ya sanar da Khalifah dalilin rashin sanar da shi tun da farko.
The governor is not obliged to inform the Khalifah of what he has carried out within his authorised command. If a new problem arises which has no precedent, he has to inform the Khalifah about it first, and he then proceeds according to the instructions of the Khalifah. If he was afraid that the problem would be exacerbated if delayed, he carries out the action and then must inform the Khalifah later on about the reason for not informing him beforehand.
Shaidar ita ce cewa Annabi (phuh) ya ba gwamnoninsa iko, bai nemi su sanar da shi abin da suka aikata ba, kuma ba su kan ba shi rahoto game da komai ba. Maimakon haka, sukan aiwatar da ayyukansu cikin cikakken 'yanci, kowannensu yana mulkinsa da ra'ayinsa; haka ya kasance ga Mu'azu, da 'Attab Bin Asid, da Al-'Ala' b. Al-Hadrami, da kuma dukkan gwamnonin Manzon Allah ﷺ – wanda hakan ke nuna cewa gwamna ba ya sanar da Khalifa game da komai daga ayyukansa. Kuma a wannan batu, ya bambanta da mataimaki, domin mataimaki dole ne ya sanar da Khalifa game da kowane aiki da yake aiwatarwa, alhali ba wajibi ba ne ga gwamna ya sanar da Khalifa game da kowane ɗaya daga cikin ayyukansa.
The evidence is that the Prophet (phuh) empowered his governors and did not request them to inform him of what actions they undertook and they did not use to report to him about anything. Rather, they used to undertake their actions with full independence, each of them ruling in his leadership by his opinion; this was the manner of Mu’adh, and ’Attab Bin Asid, Al- ’Ala’ b. Al-Hadrami, and of all of the governors of the Messenger of Allah (pbuh) – which indicates that the governor does not inform the Khalifah about anything from his actions. And in this regard, he is different from the assistant, since the assistant must inform the Khalifah about every action that he undertakes, whereas it is not obligatory upon the governor to inform the Khalifah about any of his actions.
Wajibi ne Khalifa ya bincika kowane aiki da mataimakinsa (al-mu'awin) yake yi, amma ba wajibi ba ne ya bincika kowane aiki na gwamna, duk da cewa yana nazarin halin gwamnoni kuma yana bincika labaran da suke aiko masa. Saboda haka gwamna yana da cikakken 'yanci a aikin gwamnansa, shi ya sa Mu'az ya ce wa Manzon Allah ﷺ lokacin da aka aike shi Yaman: "Zan yi amfani da ra'ayina." Wannan shaida ce cewa gwamna ba ya sanar da Khalifa kowane abu, sai dai yana amfani da ra'ayinsa. Ba haramun ba ne a nemi shawarar Khalifa a al'amura masu muhimmanci, amma ba ya neman ra'ayinsa a al'amura marasa muhimmanci, domin kada a jinkirta maslahar jama'a. Idan wani sabon al'amari ya faru, sai ya bar shi ga ra'ayin Khalifa, saboda ikon gwamnan shi ne Khalifa ya ba shi jagorancin birni ko yanki, wato gwamnati ce bisa dukan mutanensa, da iko a kan al'amuran da aka sani daga ayyukansa. Saboda haka, idan wani sabon al'amari da ba a sani ba a baya ya faru, sai a bar shi domin Khalifa ya duba, sai dai idan an ji tsoron cewa hakan zai cutar da al'umma, a lokacin gwamna zai ɗauki al'amarin sannan ya sanar da Khalifa, domin al'amari ne da ba a taɓa yi ba a baya.
It is obligatory that the Khalifah scrutinise every action the assistant undertakes, whereas it is not necessary for him to scrutinise every action of the governor, though he studies the situation of the governors and scrutinises the news from them. Accordingly, the governor has unrestricted action in his governorship, which is why Mu’adh said to the Messenger (pbuh) when he was sent to Yemen “I will exert my own opinion.”; so this is evidence that the governor does not inform the Khalifah, rather he exercises his opinion. It is not forbidden to take the opinion of the Khalifah in the important issues, but he does not seek his opinion in unimportant issues in order that the interests of the people are not delayed. If something new occurs, he leaves it to the opinion of the Khalifah, because the empowerment of the governorship is that the Khalifah delegates the leadership of a city or region to the governor which is a governorship over all its people, and control in the known issues from his actions. So if a new issue which was not previously known occurred, it is left for the examination of the Khalifah, unless it was feared that this would be detrimental, in which case the governor undertakes the issue and then informs the Khalifah, since it was an issue that was unprecedented.