10.2 Ikon da Gwamna ke da shi na wajibi
10.2 The mandatory powers of the of the Governor
Wali yana da hurumin mulki da kuma sa ido kan ayyukan sassa daban-daban a cikin Wilayarsa, kuma hakan yana faruwa ne a madadin Khalifah. Saboda haka Wali yana da dukkan iko a cikin Wilayarsa sai dai kan dukiyar jama'a, shari'a, da rundunar soji. Yana da Imarah a kan mutanen da ke cikin Wilayarsa, kuma yana da alhakin sa ido kan dukkan al'amuran da suka shafi Wilayar. Sai dai 'yan sanda za su kasance karkashin umarninsa ta fuskar aiwatarwa kawai, ba ta fuskar gudanarwa ba.
The Waali has a mandate to rule and to supervise the activities of the various departments within his Wilayah, and this is done on behalf of the Khaleefah. So the Waali enjoys all the powers within his Wilayah except the funds, the judiciary, and the armed forces. He has the Imarah over the people in his Wilayah and is responsible for supervising all matters relating to the Wilayah. However the police would be under his command in terms of the execution only and not in terms of the administration.
Wannan saboda Waali mataimakin Khaleefah ne a wurin da ya naɗa shi. Yana da irin ikon wajibi da Khaleefah yake da shi, kuma yana kama da Mu'awin dangane da kula da al'amura gaba ɗaya (Wilayah 'Aammah) idan Wilayarsa ta gama-gari ce, watau idan an ba shi kulawa gaba ɗaya a wurin. Idan kuma Wilayarsa ta musamman ce (Wilayah Khaassah), to zai sami aiki na musamman ne kawai, da kuma al'amuran da aka naɗa shi a kansu; a irin wannan hali ba shi da izinin duba wasu al'amura. Manzon Allah ﷺ ya kan naɗa wasu mutane da Wilayah marar iyaka wajen hukunci, wasu kuma da Wilayah ta gama-gari (Wilayah 'Aammah) wadda ta shafi komai, wasu kuma zuwa wani yanki na musamman da Wilayah ta musamman. Ya aika Mu'azu zuwa Yemen, ya kuma koya masa yadda zai gudanar da aikinsa. Al-Bayhaqqi, Ahmad da Abu Dawood sun ruwaito daga Mu'azu cewa: "Manzon Allah ﷺ ya ce masa, a lokacin da ya aike shi Yemen: 'Yaya za ka yi hukunci idan an gabatar maka da wata shari'a?' Ya ce: 'Da Littafin Allah.' Ya ce: 'Idan ba ka same shi a can ba fa?' Ya ce: 'Zan yi hukunci da Sunnar Manzon Allah.' Ya ce: 'Idan ba ka same shi a can ba fa?' Ya ce: 'Zan yi ijtihadi da ra'ayina, ba tare da na yi sakaci ba.' Sai Manzon Allah ﷺ ya sanya hannunsa a kirjina ya ce: 'Godiya ta tabbata ga Allah wanda ya shiryar da manzon manzon Allah ga abin da Allah da Manzonsa suke so.'" Ya kuma aika Ali bin Abi Dalib zuwa Yemen ba tare da ya ba shi umarni ba, domin ya amince da iliminsa da cancantarsa. Lokacin da ya naɗa Mu'azu, ya ba shi aikin Salla da Sadaka. Ya naɗa Farwa bin Musaik a matsayin 'Amil a kan Murad, Muzhij da Zabeed, kuma ya aika tare da shi Khalid bin Sa'eed domin ya kula da Sadaka. Duk wannan yana nuna cewa Waali yana da dukkan ikon mulki na wajibi, kamar yadda ya bayyana daga umarnin da aka ba Mu'azu, amma ba a ba Ali ba. Haka kuma yana nuna cewa Manzon Allah ﷺ ya ba wasu Waliyyai wilaya gabaɗaya kan sallah da sadaka, yayin da ya ba wasu wilaya ta musamman da ta shafi sallah kawai, ko sadaka kawai.
This is because the Waali is a deputy of the Khaleefah in the place where He appoints him. He has the same mandatory powers that the Khaleefah has, and He is like the Mu’awin in terms of general supervision (Wilayah ‘Aammah) if his Wilayah were general, i.e. if He was given general supervision in that place. He would have a specific supervisory role, and in matters related to those for which He was appointed, if his Wilayah was specific (Wilayah Khaassah); then in such a case He would have no mandate to examine other matters. The Messenger of Allah (pbuh) used to appoint some people in an unrestricted Wilayah over ruling, others in a general Wilayah (Wilayah ‘Aammah) covering everything, and others to a specific area and with a specific Wilayah. He (saws) sent Mu’az to Yemen and taught Him how to procced. Al-Bayhaqqi, Ahmad and Abu Dawood narrated on the authority of Mu’az that “The Messenger of Allah (pbuh) said to him, when He (pbuh) sent Him to Yemen; ‘How would you rule if a case was presented to you?’ He said; ‘By the Book of Allah.’ He (pbuh) said; ‘What if you do not find it (the verdict) there?’ He replied; ‘I would judge by the Sunnah of Allah’s Messenger.’And He (pbuh) said; ‘What if you do not find it there?’ He said; ‘I would exert an opinion (perform Ijtihad), saving no effort.’ Upon this the Messenger of Allah (pbuh) put his hand on my chest and said; ‘Praise be to Allah Who has guided the Messenger of the Messenger of Allah (pbuh) to what Allah and His Messenger love.’” He (pbuh) also sent Ali bin Abi Talib to Yemen without instructing him, because He was confident about his knowledge and competence. When He (pbuh) appointed Mu’az He assigned the Salah and the Sadaqah to him. He (pbuh) appointed Farwa bin Musayk as an ‘Amil over Murad, Muzhij and Zabeed and He sent with Him Khalid bin Sa’eed in charge of the Sadaqah. All this demonstrates that the Waali has all the mandatory powers of ruling, as is evident by the instructions given to Mu’az and not given to ‘Ali. It also demonstrates that the Messenger of Allah (pbuh) gave some Wulah general Wilayah over the Salah and the Sadaqah, while He gave others a specific Wilayah covering the Salah only, or the Sadaqah only.
However, although the Khaleefah is permitted to appoint a Waali in a general Wilayah, or in a specific one, it has also been confirmed from the general Wilayah given to Mu'awiya that He managed to become independent of the Khaleefah during the days of 'Uthman, and 'Uthman's authority over Him was not apparent. In the wake of 'Uthman's death He caused the Fitna (civil strife) due to the mandatory ruling powers given to Him over everything in Ash-Sham. This was also the case during the decline of the Abbassid Khulafaa' where the Wilayaat became independent and the Khaleefah's authority over them was reduced to having Dua'a (supplications) performed for Him and the currency engraved with his name. Therefore, giving a general Wilayah causes harm to the Islamic State. Thus, the Waali should be given a restricted Wilayah in a way that would prevent Him from becoming independent of the Khaleefah. Since the main factors contributing to a breakaway would be the armed forces, funds and the judiciary, because the armed forces represent the power, the funds represent the "life blood" and the judiciary demonstrates the safeguarding of the rights and the execution of the penal codes. Therefore the Wulah should be given a specific (Khassah) Wilayah that excludes the judiciary, the armed forces and the funds, Delegating these to the Waali would encourage a potential breakaway and this would undermine the State's authority. However, because the Waali is a ruler, and because He ought to have the executive power, the police would be under his command, and his Imarah would cover the police force as well as all other domains within the Wilayah, except for the three departments mentioned above. Since the police force is part of the armed forces, its administration should remain under the army command. Nevertheless it would be at the Waali's disposal in terms of execution.
However, although the Khaleefah is permitted to appoint a Waali in a general Wilayah, or in a specific one, it has also been confirmed from the general Wilayah given to Mu’awiya that He managed to become independent of the Khaleefah during the days of ‘Uthman, and ‘Uthman’s authority over Him was not apparent. In the wake of ‘Uthman’s death He caused the Fitna (civil strife) due to the mandatory ruling powers given to Him over everything in Ash-Sham. This was also the case during the decline of the Abbassid Khulafaa’ where the Wilayaat became independent and the Khaleefah’s authority over them was reduced to having Dua’a (supplications) performed for Him and the currency engraved with his name. Therefore, giving a general Wilayah causes harm to the Islamic State. Thus, the Waali should be given a restricted Wilayah in a way that would prevent Him from becoming independent of the Khaleefah. Since the main factors contributing to a breakaway would be the armed forces, funds and the judiciary, because the armed forces represent the power, the funds represent the “life blood” and the judiciary demonstrates the safeguarding of the rights and the execution of the penal codes. Therefore the Wulah should be given a specific (Khassah) Wilayah that excludes the judiciary, the armed forces and the funds, Delegating these to the Waali would encourage a potential breakaway and this would undermine the State’s authority. However, because the Waali is a ruler, and because He ought to have the executive power, the police would be under his command, and his Imarah would cover the police force as well as all other domains within the Wilayah, except for the three departments mentioned above. Since the police force is part of the armed forces, its administration should remain under the army command. Nevertheless it would be at the Waali’s disposal in terms of execution.
Ba dole ba ne Waali ya ba Khaleefah rahoto game da ayyukan da yake yi bisa ga Imarahnsa, sai dai idan ya zaɓi yin haka. Idan wani al'amari na ban mamaki ya taso, ya kamata ya sanar da Khaleefah, ya jira umarninsa, sannan ya aiwatar da abin da Khaleefah ya umarta. Idan ya ga cewa al'amarin ba zai iya jira ba kuma yana buƙatar mataki nan take, to ya magance al'amarin nan take, sannan ya sanar da Khaleefah tare da bayyana dalilansa na rashin tuntuɓarsa kafin ɗaukar mataki.
The Waali is not obliged to report back to the Khaleefah on the tasks He performs according to his Imarah unless if He chooses to do so. If an unusual matter were to arise, He should inform the Khaleefah and wait for his instructions, and then execute what the Khaleefah ordered. If He felt that the matter could not wait and needed immediate action, He should deal with the matter immediately, and then inform the Khaleefah stating his reasons for not consulting Him before taking action.
Dangane da bambanci tsakanin mataimaki wanda aka wakilta da kuma Waali (gwamna) dangane da wajabcin cewa mataimaki ya kai rahoton kowane aikin da yake yi ga Khaleefah, alhali Waali ba ya bukatar yin hakan, dalilin shi ne mataimaki wanda aka wakilta mataimaki ne na Khaleefah da kansa kuma wakili a madadinsa, yana kuma aiwatar da ayyukan Khaleefah. Don haka idan Khaleefah ya rasu, za a cire mataimakin. Wannan ba ya shafar Waali, domin Waali ba wakilin Khaleefah ba ne, kuma ba mataimakinsa ba ne a zahirin kansa, ba kuma yana aiwatar da ayyukansa. Saboda haka, ba a cire shi ba idan Khaleefah ya rasu.
Regarding the difference between the delegated assistant and the Waali in terms of the necessity that the assistant reports to the Khaleefah on every action He performs, while the Waali needs not to do so, this is because the delegated assistant is a deputy of the Khaleefah himself and a Wakeel (representative) for him, and He performs the Khaleefah’s actions. Hence if the Khaleefah were to pass away the assistant would be removed. This does not apply to the Waali, because the Waali is neither his Wakeel nor deputy for Him personally or does He perform his actions. Therefore, He is not removed once the Khaleefah passes away.
Manzon Allah ﷺ ya naɗa Wulatansa ba tare da ya nemi su yi masa bayani game da ayyukan da suka aiwatar ba, kuma ba su yi masa bayani ba. Sun aiwatar da ayyukansu bisa ra'ayinsu, kowannensu yana mulki a cikin Imarah ɗinsa yadda ya ga dama. Haka lamarin yake ga Mu'azu, 'Attab Ibnu Usaid, Al-'Ala' Ibnul-Hadhrami da sauran Wulatansa duka. Wannan yana nuna cewa Waali ba ya wajaba ya yi wa Khaleefah bayani game da dukkan ayyukansa. A wannan fannin, ya bambanta da Mu'awin, domin Mu'awin dole ne ya yi wa Khaleefah bayani kuma ya tuntube shi a kowane aiki da yake yi, amma Waali ba a wajabta masa haka ba. Khaleefah kuwa dole ne ya bincika kowane aiki da Mu'awin ya aiwatar, amma ba a wajabta masa yin haka ga Waali ba, ko da yake yana tambaya game da halin Wulatan da kuma duba bayanai game da su. Saboda haka, Waali yana da hanyar aiki marar iyaka a cikin Wilayarsa. Shi ya sa Mu'azu ya ce wa Manzon Allah ﷺ lokacin da aka aike shi zuwa Yemen:
The Messenger of Allah (pbuh) appointed his Wulah without asking them to report back to Him about the duties they performed, and they did not report back to him. They performed their duties on their own initiatives, each one of them ruling over his Imarah as they deemed fit. That was the case with Mu’az, ‘Attab Ibnu Usayd, Al-Ala’ Ibnul-Hadhrami and all his other Wulah. This demonstrates that the Waali does not have to report back to the Khaleefah about any of his duties. In this aspect, He differs from the Mu’awin, as the Mu’awin must report back and consult the Khaleefah in every task He performs, whereas the Waali is not obliged to do so. The Khaleefah in turn must examine every action undertaken by the Mu’awin, but He is not obliged to do the same with the Waali, although He enquires about the situation of the Wulah and review information about them. Therefore, the Waali has an unrestricted course of action within his Wilayah. This is why Mu’az said to the Messenger of Allah (pbuh) when He was sent to Yemen:
"Zan yi ijtihadi na da kaina." Wannan yana zama hujja cewa Waali ba ya bukatar ya kai rahoto ko ya tuntubi Khalifa, sai dai ya yi ijtihadi da kansa. Yana iya tuntubar Khalifa ya nemi ra'ayinsa kan al'amura masu muhimmanci, amma idan al'amari ba shi da muhimmanci, ba zai tuntube shi ba don kada al'amuran jama'a su yi jinkiri. Idan wani al'amari na ban mamaki ya taso, ya kamata ya mika shi ga Khalifa, domin nadin Wilaya shi ne Khalifa ya wakilta wa Waali Imarar kasa ko lardi bisa dukkan mutanenta don ya gudanar da ayyukan yau da kullum. Idan wani al'amari da ba a saba da shi ba ya taso, ya kamata ya kai rahoto ga Khalifa, sai dai idan yana tsoron wata barna za ta faru sakamakon jinkiri wajen magance al'amarin, a wannan halin sai ya yi aiki nan take, sannan ya sanar da Khalifa game da al'amarin.
“I will exert my own opinion.” This serves as a proof that the Waali does not need to report back nor consult the Khaleefah, but exerts his own opinion. He can consult the Khaleefah and ask for his opinion on important matters, but when it comes to matters that are not important, He would not consult Him lest people’s affairs were delayed. If an unusual matter were to arise, He should refer it to the Khaleefah, because the appointment of the Wilayah is that the Khaleefah delegates to the Waali the Imarah of a country or province over its entire people to carry out the ordinary duties. If an inordinary matter were to arise, He should report to the Khaleefah, unless He feared that some mischief might occur due to the delay in dealing with the matter, in which case He should act at once and then notify the Khaleefah of that matter.
Lokacin wilayah ga mutum bai kamata ya zama mai tsawo ba. Zai fi kyau a sauke shi idan ya kafu ko kuma idan mutane suka fara sha'awar halayensa.
The time period of Wilayah for the person should not be a lengthy period. It would be best to relieve Him if He became established or if people became attracted to his personality.
Rasulullahi ﷺ yana naɗa Walãyi na wani lokaci, sannan yana sauke su, kuma babu wani Wali da ya ci gaba da zama a Wilayarsa a duk tsawon zamanin Manzon Allah ﷺ. Wannan yana nuna cewa ba a kamata a naɗa Wali har abada ba, sai dai na ɗan lokaci, bayan haka sai a sauke shi. Amma dalili game da tsawon wannan lokaci, watau ko ya kamata ya zama dogo ko gajere, ayyukan Manzon Allah ﷺ ba su ƙayyade shi ba. Abin da ake danganta da wannan al'amari shi ne cewa Manzon Allah ﷺ bai ajiye Wali a kan muƙaminsa ba a tsawon rayuwarsa duka. An tabbatar da cewa shi ﷺ yana naɗa Walãyi, sannan yana sauke su. Sai dai fitinar da ta girgiza Al'umma ta samo asali ne daga dogon lokacin Wilayar Mu'awiya a kan Ash-Sham a zamanin Umar da Uthman. Wannan yana kai mu ga ƙarshen cewa dogon lokacin Wilaya na iya cutar da Musulmai da Daular. Saboda haka, lokacin Wilaya bai kamata ya zama mai tsawo ba.
The Messenger of Allah (pbuh) used to appoint Wulah for a period of time and relieve them, and no Waali remained at his Wilayah during the whole era of the Messenger of Allah (pbuh). This indicates that the Waali should never be appointed permanently, but only for a short spell after which He is removed. However, evidence about the length of this period i.e. whether it should be long or short, has not been determined by the actions of the Messenger of Allah (pbuh). All that is related to this matter is that the Messenger of Allah (pbuh) did not keep a Waali at his post during the whole of his life. It has been established as a fact that He (pbuh) used to appoint the Wulah and then relieve them. However, the Fitna that shook the Ummah was caused by the lengthy period of Mu’awiya’s Wilayah over Ash-Sham during the times of ‘Umar and ‘Uthman. This leads us to the conclusion that a lengthy period of Wilayah could harm the Muslims and the State. This is why the period of Wilayah should not be long.
Ya kamata a mayar da Waali daga wata Wilaya zuwa wata ba, domin ko da yake naɗinsa na gaba ɗaya ne, amma yana kan wani takamaiman yanki. Don haka, sai a fara sauke shi, sannan a sake naɗa shi.
The Waali should not be transferred from one Wilayah to another, because although his appointment is of a general nature, it is over a specific area. Thus, He should be relieved first and then reappointed.
Wannan ya bayyana ne daga ayyukan Manzon Allah (tsira da amincin Allah su tabbata a gare shi), inda yake cire Wali daga muƙaminsa. Ba a taɓa ruwaito cewa yana canja Wali daga wuri zuwa wani ba. Bugu da ƙari, Wilayah na ɗaya daga cikin nau'ikan kwangiloli da ake yin su da kalmomi bayyanannu. Saboda haka, a cikin kwangilar Wilayah a kan lardi ko ƙasa, dole ne a ƙayyade yankin da Wali zai yi mulki a kansa, kuma zai riƙe ikon yin mulki muddin Khalifa bai cire shi ba. Idan ba a cire shi daga wannan yankin ba, zai ci gaba da zama Wali a kansa. Amma idan aka canja shi zuwa wani wuri, hakan ba zai cire shi daga matsayinsa na farko ba, kuma ba zai mai da shi Wali a sabon wurin ba. Wannan saboda cire shi daga wurin farko yana buƙatar bayyananniyar kalma da ta nuna cewa an cire shi daga Wilayah a wurin. Naɗa shi a wurin da aka canja shi zuwa kuwa yana buƙatar sabuwar kwangilar naɗin Wali wadda ta keɓance da wurin. Shi ya sa ba a canja Wali daga wuri zuwa wani, sai dai a cire shi daga aikinsa a wuri ɗaya, sannan a ba shi sabuwar Wilayah a sabon wurin.
This was clear from the actions of the Messenger of Allah (pbuh), where He used to remove the Wulah. It has not been reported that He used to transfer a Waali from one place to another. Besides, the Wilayah is one of the types of contracts that are convened with explicit words. So within the contract of Wilayah over a province or a country, the area over which the Waali is to govern must be determined, and He would have the mandate of ruling as long as the Khaleefah does not remove him. If He were not removed from that area He would remain a Waali over it. However if He were transferred to another place this would not remove Him from his first position nor would it make Him a Waali over the new place. This is because his removal from the first place requires a clear word stating that He was removed from the Wilayah there. Appointing Him over the place where He had been transferred requires a new contract of appointment as a Waali specific to that place. This is why the Waali is not transferred from one place to another, but is relieved of his duties from one place and then given a new Wilayah over the new place.