Mataki na 56
Article 56
Kowace lardi tana da majalisa da aka zaba daga cikin mutanenta kuma gwamna ne ke jagorantarta. Majalisar tana da ikon shiga cikin bayar da ra'ayi kan al'amuran gudanarwa, ba kan mulki ba; kuma wannan zai kasance ne domin manufofi biyu.
Every province has an assembly elected from its people and championed by the governor. The assembly has the authority to participate in expressing opinions on administrative matters and not on ruling; and this would be for two objectives:
Da farko — samar da cikakken bayani game da halin da gwamnatin jiha take ciki da bukatunta ga gwamna, da kuma bayyana ra'ayinsu game da hakan.
Firstly - providing the necessary information about the situation of the governorate and its needs to the governor and to express their opinion about that.
Na biyu - domin bayyana yardarsu ko korafinsu game da mulkin gwamnan da yake shugabancinsu.
Secondly - in order to express their contentment or complaint about the rule of the governor over them.
Ra'ayin majalisar ba shi da ɗaurewa a karo na farko, amma yana da ɗaurewa a karo na biyu – idan sun yi korafi game da gwamna, to za a cire shi.
The opinion of the assembly is not binding in the first instance and is binding in the second – if they complain about the governor he is removed.
Ba a san cewa gwamnonin Manzon Allah (pbuh) suna da majalisar lardi ba, kuma ba a sani daga ayyukan Manzon Allah (pbuh) ba cewa ya zaɓi majalisar lardi, haka kuma ba a san wani abu makamancin haka daga Khulafa’ masu shiryarwa ba. Saboda haka, majalisar lardi ba ta cikin tsarin mulki ko hukunce-hukuncen Shari’ah, domin tsarin mulki shi ne duk wani aiki daga cikin ayyukan mulki wanda yake da dalili daga Shari’ah, kuma duk abin da ba shi da dalili ba ya cikin tsarin mulki. Maimakon haka, ana bincikensa: idan aiki ne na reshe wanda aka samo daga asali, to yana bin wannan asali, kuma yana cikin hanyoyi da matakan da aka halatta a aiwatar da su – wato abin da ake kira gudanarwa; idan kuma asali ko aikin reshe yana da dalili, to ba daidai ba ne a aiwatar da shi sai bisa ga dalilin Shari’ah.
It is not known that the governors of the Messenger (pbuh) used to have a provincial assembly and it is not known from the actions of the Messenger (pbuh) that he selected a provincial assembly, and in the same way, nothing similar is known from the righteously guided Khulafaa’. From this, the provincial assembly is not part of the ruling apparatus or the Shari’ah rules, since the ruling apparatus is every action from the acts of ruling that has a Shari’ah evidence and anything which has no evidence is not from the ruling apparatus. Rather it is examined, and if it is a branch action that is derived from a root, then it follows that root and is from the styles and means that are permitted to be acted upon - in other words, from what is called administration; and if the root or branch action has evidence, then it is not correct to undertake it except in accordance with the Shari’ah evidence.
Majalisar lardi aiki ne na reshe wanda ya samo asali daga ayyukan gwamnoni, tun da gwamna ne ke gudanar da mulki da shugabanci, kuma mutanen lardi sun fi shi sanin halin da lardinsu yake ciki da abin da ke faruwa a cikinsa. Saboda haka, yana da muhimmanci ya kasance yana da bayanai da zai dogara da su wajen aiwatar da ayyukansa, kuma wadannan bayanai suna tare da mutanen lardin. Bisa wannan, wajibi ne gare shi ya koma ga mutanen lardin yayin da yake mulkinsu.
The provincial assembly is a branch action that is derived from the actions of the governorship, since the governor undertakes the ruling and administration, and the people of the province are more knowledgeable than him regarding the reality of their province and what occurs within it. Accordingly, it is vital that he has information that he can rely upon in order to undertake his actions and this information is present amongst the people of the province. Based upon this, it is imperative for him to refer to the people of the province while he is governing them.
Daga wani kusurwa, mulkinsa na lardin dole ne ya kasance bisa tushen da mutanen lardin ba za su fusata ba, domin idan suna fushi da shi, to za a koma ga Khalifa ya cire shi, saboda Manzon Allah ﷺ ya cire Al-’Ala’ b. Al-Hadrami a matsayin ’Amilinsa a kan Bahrain tun lokacin da wakilin ’Abd Qays ya koka a kansa, kamar yadda Ibn Sa’d ya ambata a cikin Al-Tabaqat. Saboda haka, wajibi ne a san ra'ayin mutanen lardin game da karbar mulkinsa a kansu, ko sun yarda ko ba su yarda ba.
This is from one angle, and from another angle his ruling of the province must be upon a basis that the people of the province are not angered, since if they are angry with him, then it would be upon the Khalifah to remove him, since the Messenger (pbuh) removed Al-’Ala’ b. Al-Hadrami as his ’Amil over Bahrain since the delegation of ’Abd Qays complained about him as mentioned by Ibn Sa’d in Al-Tabaqat. Accordingly, it is imperative that the opinion of the people of the province regarding his undertaking the ruling over them is known as to whether they are content or not.
Kari a kan wannan, wajibi ne a gare shi ya koma ga mutanen lardinsa yayin da yake mulkin su, saboda dalilai guda biyu: domin tattara bayanan da gwamna ke bukata, da kuma sanin abin da mutanen lardin ke tunani game da mulkinsa. Saboda haka, wajibi ne ya koma ga mutanen lardinsa. Domin sauƙaƙa wannan komawa, gwamna yakan kafa majalisar lardi wadda ake zaɓa daga cikin mutanen lardinsa, ta yadda zai iya komawa gare ta akan batutuwa biyu: tattara bayanai da sanin ra'ayin mutanen lardin game da mulkin gwamnan. Bisa haka, wannan majalisa ba ta da wani aikin shawara (Shura) ko karɓar ra'ayi, kuma ba ruwanta da aikin mulki; a maimakon haka, aikinta shi ne duba ayyukan gudanarwa. Ra'ayinta ba ya ɗaure, sai dai tana nan ne domin taimakawa gwamna. Na farko da ya kafa wannan majalisa shi ne Umar ɗan Abdul-Azeez, domin kafin ya zama Khalifa, shi ne gwamnan Madina, kuma idan ya yi taron shugabanci, yakan gayyaci mutum biyu daga cikin masu faɗin ra'ayi da shugabannin kabilunsu, ya ce musu: "Majalisa ce ta sharri da fitina, ba ku da wani aiki sai sa ido a kaina. Don haka idan kuka ga wani abu da ya saɓa da Gaskiya, to ku tunatar da ni game da Allah, ku sa ni tsoron Sa." Don haka asali shi ne komawa ga mutanen lardi da kuma sa ido daga gare su ga gwamnan, kuma domin cimma wannan komawa, ana kafa majalisar lardi tare da gwamnan.
Additionally, it is imperative for him to refer to the people of his province while he is governing them, due to the following two reasons: to gather the information which the governor requires and for his knowledge of what the people of his province think about his ruling – ,therefore, it is necessary for him to refer to the people of his province. To facilitate this reference, the governor establishes a provincial assembly which is elected from the people of his province, so that he can refer to it for the two issues: gathering information and knowing the opinion of the people of the province regarding the rule of the governor. Accordingly, this assembly does not have any consultation (Shura) or taking of opinion and nothing to do with the practice of ruling; rather it is to look into the administrative action. Its opinion is not binding but rather it is present in order to assist the governor. The first one who created this assembly was Umar b. ’Abd Al-’Aziz, since before he became the Khalifah, he was the governor over Madinah, and if he conducted a leadership assembly, he would meet two men of the opinion formers and leaders of their tribes, and said to them “It is an assembly of evil and strife, and you two have no action other than to examine me (monitor me), so if you see something which does not agree with the Truth, then remind me of Allah and make me fear Him”. So the origin is to refer to the people of the province and the observation of the governor from their side and in order to achieve this reference, a provincial assembly is created beside the governor.