5 授权助手(Tafwid)
5 The Delegated Assistants Tafwid
第42条
Article 42
哈里发为自己任命一名或多名授权助手,由他们承担统治的职责。他将事务的管理委托给他们,他们依据自己的见解和伊贾提哈德来处理这些事务。哈里发去世后,其助手的职权随之终止,除非是在临时领导人的任期内,他们才会继续履行职责。
The Khalifah appoints a delegated assistant or more for himself, who carry the responsibilities of ruling. So he delegates to them the management of affairs, where they conduct them according to their opinion and Ijtihad. On the death of the Khalifah, the role of his assistants ends, and they do not continue in their work except for the period of the temporary leader.
本条的证据是提尔米兹(Al-Tirmidhi)所传的圣训:先知ﷺ说。
The proof for this article is what Al-Tirmidhi narrated; the Messenger (pbuh) said.
. » وَأَمَّا وَزِيرَايَ مِنْ أَهْلِ الأَرْضِ فَأَبُو بَكْرٍ وعُمَرُ «.
. » وَأَمَّا وَزِيرَايَ مِنْ أَهْلِ الأَرْضِ فَأَبُو بَكْرٍ وعُمَرُ «.
“我在世上的两位大臣是阿布·伯克尔和欧麦尔”(由阿勒·哈基姆和阿勒·提尔米densi 从艾布·赛义德·胡德里处转述)。这段圣训为教法学家所采用,并被大多数学者接受,因此它是一段哈桑圣训,据此可见哈里发可以任命辅佐者,这是沙里亚的依据。圣训中使用的“大臣”一词是其语言学意义,即辅佐者,《古兰经》也以此含义使用它;安拉(SWT)说:“你为我从我的家属中委派一位辅佐者。”(《古兰经》20:29),即一位辅佐者。大臣之职在先知(ﷺ)时期就已存在,其证据即阿勒·提尔米齐所载圣训的原文。然而,统治的是先知(ﷺ)本人,没有任何迹象表明他让阿布·伯克尔(愿安拉喜悦之)和欧麦尔(愿安拉喜悦之)去执行他统治中的事务;但是,把他们任命为大臣,表明他委托他们辅助他,换言之,委托他们两人执行他统治中的事务。先知(ﷺ)逝世后,欧麦尔(愿安拉喜悦之)是阿布·伯克尔(愿安拉喜悦之)的大臣,并执行哈里发在统治方面所执行的事务,这一点非常明显,以至于有人对阿布·伯克尔(愿安拉喜悦之)说:“我们不知道欧麦尔是哈里发,还是你是哈里发。”此语由伊本·罕百勒在《圣门弟子的美德》中从纳菲尔处转述。阿布·伯克尔(愿安拉喜悦之)逝世后,奥斯曼(愿安拉喜悦之)和阿里(愿安拉喜悦之)是欧麦尔(愿安拉喜悦之)的大臣,二人各自执行了欧麦尔(愿安拉喜悦之)在统治方面的事务,只是由于欧麦尔(愿安拉喜悦之)个人的威望,两位大臣的辅佐行为不像欧麦尔(愿安拉喜悦之)协助阿布·伯克尔(愿安拉喜悦之)那样显著;不过,由于阿里(愿安拉喜悦之)个人的威望,他在欧麦尔时期执行这些事务是很清楚的。欧麦尔(愿安拉喜悦之)逝世后,阿里(愿安拉喜悦之)和麦尔旺·本·哈卡姆(愿安拉喜悦之)是奥斯曼(愿安拉喜悦之)的两位大臣。 然而,阿里(愿安拉喜悦他)对某些行为并不满意,因此他在与奥斯曼(愿安拉喜悦他)共事时并不突出,几乎如同置身事外的人。另一方面,麦尔旺(愿安拉喜悦他)在担任职务、即执政的工作中则十分显著。
“My two ministers in the World are Abu Bakr and Umar” (reported by Al-Hakim and Al-Tirmidhi from Abu Said Al-Khudri). This narration has been used by the Fuqaha’ and has been accepted by most of the scholars, so it is a Hasan narration and accordingly is a Shari’ah evidence that the Khalifah can appoint assistants. The narration used the word “minister” in the linguistic meaning, which is assistant, and the Quran uses it with this meaning; Allah (swt) said. “And appoint for me a minister from my family.” (TMQ 20:29), in other words, an assistant. And the ministry was present during the time of the Messenger (pbuh) , and its proof is the text of the narration from Al-Tirmidhi. However, it was the Messenger (pbuh) who was the one who ruled, and there is nothing which indicates that he made Abu Bakr (ra) and Umar (ra) carry out what he did from ruling, but making them into ministers indicates that he commissioned them to assist him; in other words, commission for both of them to carry out what he did from ruling. After the death of the Messenger (pbuh) , Umar (ra) was the minister of Abu Bakr (ra), and used to carry out what the Khalifah used to carry out in terms of ruling, and that was apparent to the point that some of them used to say to Abu Bakr (ra), “We don’t know whether Umar is the Khalifah or you” reported by Ibn Hanbal in Fada’il Al-Sahabah from Nafi’. After the death of Abu Bakr (ra), ’Uthman (ra) and ’Ali (ra) were the ministers of Umar (ra), and each of them carried out what Umar (ra) did in terms of ruling, except that the power of the personality of Umar (ra) meant that the actions of assistance of the two ministers were not so apparent as that of Umar (ra) with Abu Bakr (ra), although due to the power of the personality of ’Ali (ra), it was clear that he carried out these actions in the time of Umar (ra). After the death of Umar (ra), ’Ali (ra) and Marwan b. Al- Hakam (ra) were the two ministers of ’Uthman (ra). However, ’Ali (ra) was not content with some of the actions, and so his work with ’Uthman (ra) was not prominent since he was similar to someone withdrawn. On the other hand, Marwan (ra) was apparent in his undertaking of the ministry, in other words, the actions of ruling.
halifah 将事务的管理委托给他的大臣(wazīr),每一位正统哈里发都是如此,身边都有其助手(大臣)在场,不过助手们处理事务的方式各有不同。从“大臣”或哈里发助手一词的语言含义可以理解,它指的是协助哈里发处理其行为的人;由于该词是泛称,没有任何限定,因此它指的是在哈里发的一切事务上协助他的人。这是从传述中所理解的,并且得到了欧麦尔(ra)与艾布·伯克尔(ra)时期所发生之事的印证,所以从沙里亚的角度来说,该词的含义便是在哈里发治理的一切事务上协助哈里发的人。然而,他并不拥有哈里发本人所具有的强制性权力。相反,如果哈里发说“我任命某某为我的大臣”,或“作为我的助手”,或“代我处理我所统治的事务”,或类似的话,那么此人便作为哈里发的代理人,拥有哈里发所具有的全部强制性权力。马瓦尔迪在《苏丹的律例》(Al-Ahkam As-Sultaniyyah)中称他们为“授权大臣”(Wazīr Tafwīd),并以此含义对其加以定义,他说:“至于授权大臣,他从授权他依自己的见解处理事务的伊玛目那里获得其职位,并让他们依其伊智提哈德(ijtihād)行事。”然而,哈里发有必要了解授权大臣所采取的每一项行动,因为他是助手而非哈里发,因此他并不独立;相反,哈里发会审查他的每一项行为,无论大小。
The Khalifah would delegate the management of affairs to his minister, and this occurred with each Khalifah from the righteous Khulafaa’ in that their assistant (minister) was present, though how the assistants practised the management of affairs differed from one to the other. It is understood from the linguistic meaning of the word “minister”, or assistant to the Khalifah, that it means an assistant for the actions of the Khalifah, and since the word came general without any restrictions, then it means assistant for the Khalifah in all of the actions of the Khilafah. This is what is understood from the narration, and is supported by what occurred with Umar (ra) and Abu Bakr (ra), and so the Shari’ah meaning of the word is the one who assists the Khalifah in all the actions of the Khilafah. However, he does not possess the mandatory powers of the Khalifah himself. Rather, if the Khalifah said “I have appointed so and so as a minister for me”, or “as an assistant for me”, or “act on my behalf in what I govern”, or anything similar, then the person would have all the mandatory powers of the Khalifah as his representative. In Al-Ahkam As- Sultaniyyah, Al-Mawardi called them the “delegated minister” (Wazeer Tafweed), and defined it with this meaning, saying, “As for the delegated minister, he has taken his ministry from the Imam who authorised him to manage the affairs according to his opinion, and for them to proceed according to his Ijtihad”. It is however necessary that the Khalifah is aware of every action that the delegated minister undertakes, since he is an assistant and not a Khalifah, and so he is not independent; rather the Khalifah inspects every action of him, whether it was small or big.
这种辅佐者或部长在沙里亚中的实际情况,与民主制度中部长的实际情况完全不同。因为在民主制度中,内阁就是政府,它是一个为执政而设立的特定群体,其特性即在于此,其执政权归于该群体而非个人;换言之,领导权是集体的,而非个人的。因此,拥有全部执政权的统治者是内阁,或说是部长团体的集体,其中没有任何一人绝对拥有该权力,执政权实际上集中于内阁整体。至于个别部长,则是被任命来专门负责某一执政领域的,他在该领域拥有内阁整体为其所确定的必要权限;而该领域中未曾授予他的任何权限,仍归内阁所有,而非归他个人。
This Shari’ah reality of the assistant or minister differs completely with the reality of the minister in the democratic system. Since the cabinet in the democratic system is the government, and it is a group of people established with its characteristic as a specific group for ruling, as the ruling for them is for the group and not for the individual; in other words, the leadership is collective and not individual. So the ruler who possesses all power of ruling is the cabinet or the group of ministers collectively, and no single one of them possesses the power absolutely, but rather the power of ruling is in the cabinet collectively. As for the individual minister, he is appointed to specialise in a particular section of ruling, in which he possesses the mandatory powers that the cabinet as a whole determined for him, and whatever powers in this section were not given to him remain with the cabinet and not him.
在伊斯兰教中,并不存在像民主制度那样共同掌握权力的内阁;领导权属于哈里发,乌玛(穆斯林共同体)向他效忠宣誓(Bay'a),以使他依照安拉(SWT)的经典和祂的使者ﷺ的逊奈来统治他们。哈里发为自己任命大臣(授权型大臣,即Tafwid大臣),赋予他们代表自己行事的一般授权,并总体上协助哈里发承担哈里发国的职责;因此,从词义上讲,他们是大臣,也就是哈里发在其所受委托之事上的助手。
In Islam, there is no cabinet of ministers who hold the power collectively (on the democratic model); rather the leadership is for the Khalifah who is given Bay’a by the Ummah in order to rule them by the Book of Allah (swt) and the Sunnah of His Messenger . The Khalifah appoints ministers for himself (ministers of Tafwid) who are given general authorisation to act on his behalf and generally support the Khalifah in carrying the responsibilities of the Khilafah, and so they are ministers according to the linguistic meaning, or in other words, assistants of the Khalifah in what they are charged with.
因此,伊斯兰制度中的“Wazir”(部长/辅臣)与“Wizarah”(部/职务),和民主制度中的“minister”与“ministry”之间存在巨大差异,这一点已经清楚了。由于人们头脑中对“minister”一词占主导地位的理解是民主意义上的含义,一提到它,人们想到的唯有民主意义,因此,为避免混淆并仅指明伊斯兰教法的含义,在不加限定的情况下单用“minister”一词来称呼哈里发的助手是不恰当的。相反,应当以其本义使用“助手”一词,或者对“minister”和“ministry”一词加以限定,使其脱离民主的理解,只留下伊斯兰的含义,例如使用“授权部长”(Wazir Al-Tafwid)这一术语。
Accordingly the wide difference between the word “minister” and “ministry” in the system of Islam, and the word “minister” and “ministry” in the system of democracy, has become clear. Since the meaning that is understood from the democratic meaning of the word “minister” is dominant in the minds of the people, and when it is used the only thing that comes to mind is the democratic meaning, in order to avoid confusion and to specify the Shari’ah meaning alone, it is not correct to use the term “minister” alone for the assistant of the Khalifah without specifying it. Rather, the term “assistant” should be used in its real meaning, or the term “minister” and “ministry” should be specified such that it is removed from the democratic understanding, and the Islamic meaning alone is understood, such as using the term “minister of authorisation” (Wazir Al-Tafwid).
助理由哈里发任命和罢免。哈里发去世后,助理的职务即告终止,他们仅继续任职至临时执政者任期结束。此后,若要继续担任该职务,须获得新任哈里发的新授权;由于其职务随任命他们的哈里发去世而终止,因此无需再被正式罢免。
The assistant is appointed and removed at the order of the Khalifah. At the death of the Khalifah, the assistants’ role comes to an end, and they only continue through to the end of the period of the temporary leader. They then require a new authorisation from the new Khalifah in order to continue in their role, and they do not require to be formally removed since their role ended with the death of the Khalifah who took them as assistants.