7 总督
7 The Governors
第52条
Article 52
国家所统治的土地被划分为若干单位,每个单位称为“Wilayah”(省)。每个省又划分为若干单位,每个单位称为“’Imalah”(区)。管理省的人称为“Wali”(总督)或“Amir”(长官),管理区的人称为“’Aamil”(官员)或“Hakim”(统治者)。
The lands which are ruled by the State are divided into units, where each unit is called a Wilayah (province). Each province is divided into units and each unit is called an ’Imalah (district). The one who governs the province is called the Wali (governor) or Amir and the one who governs the ’Imalah is called the ’Aamil (worker) or Hakim (ruler).
总督是统治者,因为总督之职即是统治。《穆希特词典》中有言:“治理某事,对其拥有总督权(Wilayah)与监护权(Wilayah),其词根为wilayah,意为规划、领导与权威。”总督之任命须经哈里发授权,或由哈里发委派之人授权,因此总督唯有哈里发才能任命。总督或领导之权的根源,即总督与领导者之设立,源自先知(愿主赐福并使其平安)的行为。已确证他曾任命总督管理各地,并授权他们统治各个地区:他任命穆阿兹·本·贾巴勒管辖贾恩德,任命济亚德·本·拉比德管辖哈德拉毛,任命艾卜·穆萨·艾什尔里管辖宰比德与亚丁。总督是哈里发的代表,他所采取的行动,即是代表哈里发在其所被授权的范围内所行之事。按照伊斯兰教法,总督之职并无固定的界限,因此凡在统治事务中代表哈里发行事的人,都被视为在该事务上的总督,其依据是哈里发在任命时所明确的言辞。然而,对地区或领土的总督权或领导权,是限定在特定区域之内的,因为先知(愿主赐福并使其平安)曾明确其所管辖的区域,或为领导者授权划定范围。这种总督权分为两类:全面的与专门的。全面的总督权涵盖统治事务的一切方面,被授予此权即意味着哈里发将总督辖区内城市或地区的领导权委托给他,统管其全体民众,并处理其一切事务,因而他拥有全面的管辖权。至于专门的领导权,则是指领导者的权力仅限于该地区或城市的军队管理、民众治理、边境守卫以及神圣之地的保卫。 他无权干预司法和税收的征收。
The governors are rulers since the governorship is ruling; it is mentioned in the Al-Muhit dictionary: “And to govern something and upon it governorship (Wilayah) and guardianship (Wilayah), or it is the root and wilayah is the plan and leadership and authority”, and requires empowerment by the Khalifah or one whom he delegated to empower and so the governor is not appointed except by the Khalifah. The origin of governorship or leadership, in other words, in the governors and leaders, is the action of the Messenger (pbuh) . It is confirmed that he appointed governors over lands, and gave them the right to rule over the regions. He appointed Mu’adh Bin Jabal over Al-Jund, Ziyad Bin Labid over Hadramout and Abu Musa Al-Ash’ari over Zabid and ’Aden. The governor is the representative of the Khalifah and he undertakes whatever actions he represents the Khalifah in according to what he has been delegated. The governorship does not have a specific limit according to the Shari’ah so everyone who acts on behalf of the Khalifah in any action of ruling is considered to be a governor in that action according to the words which the Khalifah specified during his appointment. However, the governorship of the lands or the leadership is over a defined area, since the Messenger (pbuh) used to define the area which he would be a governor over or empower the leadership for the leader. This governorship is of two types - general or specific; general encompasses all of the issues of ruling in the governorship and being empowered in this manner means that the Khalifah delegates to him the leadership of the city or region of the governorship over all of its people, and the handling of the issues in all of his actions, and so he has a general control. As for the specific leadership, this is when the leader’s leadership is limited to the management of the Army, governing of the subjects, protection of the borders and defence of the sanctities in that region or city. He cannot interfere with the judiciary and the collection of taxes.