第106条
Article 106
各省议会的议员由各省民众直接选举产生,任何省议会的议员人数,按该省居民占全国总人口的比例确定。
The members of the Provincial Councils are directly elected by the people in their provinces, and the number of members of any Provincial Councils is decided according to the ratio of the inhabitants in such province to the whole population of the State.
乌玛议会的成员由省议会直接选举产生。乌玛议会的任期起止时间与省议会相同。乌玛议会的成员是通过选举产生的,而非任命。他们是民众意见的代表,代表应当由其所代表的人选出,绝不应强加于他。此外,乌玛议会的成员是人民意见的代表,无论这些意见来自个人还是群体;因此,若代表不是由民众选出,就无法了解广大地区的代表以及那些不为人知的人群。再者,安拉的使者ﷺ在与他商议之人的选择上,并非依据他们的能力、才干和个人品格;而是因为他们是各自族人的首领,而不论其能力与才干如何。在第二次阿格baa誓约中,向他宣誓效忠的穆斯林他并不认识,这正是他把选择首领的事交给他们自己的原因,他说:
The members of the Ummah Council are elected directly by the Provincial Councils. The start and end of the terms of the Ummah Council are the same as those of the Provincial Councils. The members of the Ummah Council are elected and not appointed. They are representatives of the people to voice the opinions of the public and the representative should be chosen by the person whom he represents and should never be imposed upon him. Furthermore, the members of the Ummah Council are representatives of the people’s opinions, whether they are individuals or groups; so to know the representative of people in a large area, and those peoples who are not well known, does not come about unless this representative is chosen by them. Also, the Messenger of Allah (pbuh) did not choose those whom he consulted based on their ability, competence and personalities; rather he chose them because they were chiefs among their people, regardless of their ability and competence; in the second Bay’a of Al-‘Aqabah, the Muslims who gave him the Bay’a were not known to him and this is why he left the matter of choosing the chiefs to them, by saying:
. » أَخْرِجُوا إليَّ مِنْكُمُ اثْ نَيْ عَشَرَ نَقِيباً يَكُون ونَ على قَ وْمِهِمْ « .
. » أَخْرِجُوا إليَّ مِنْكُمُ اثْ نَيْ عَشَرَ نَقِيباً يَكُون ونَ على قَ وْمِهِمْ « .
“从你们当中选出十二位领袖(纳给布),由他们对自己和自己的族人负责”(见伊本·希沙姆《圣训传记》,引自Ka’b b. Malik)。
“Choose from among you twelve leaders (Naqibs) who will be responsible for themselves and their people” (as reported in the Sirah of Ibn Hisham from Ka’b b. Malik).
因此,我们可以得出结论:乌玛议会的成员代表着广大穆斯林的意见。既然设立该议会的目的(即“伊拉”)在于让个人和群体表达其意见,并使统治者承担责任;而如果人员不为(哈里发)所知,这一目的便无法实现,除非举行普遍选举。由此可见,乌玛议会的成员应当通过选举产生,而不是由任命产生。
We can thus conclude from the fact that the members of the Ummah Council represent the opinion of the Muslims at large, and since the reason (‘Illah) for which the Council is founded is to represent the individuals and groups in voicing their opinions and in holding the rulers accountable, and since this cannot be achieved if the persons were not known (to the Khalifah) unless there was a general election, all of this proves that the members of the Ummah Council should be elected and not appointed.
选举的方法如下:
The method of election is as follows:
根据第56条,省议会的选举有两个目标:第一,向省长(Wali)提供关于该省(Wilayah)的情况和需求的必要信息。其目的是帮助省长履行职责,使该省民众过上安定、有保障的生活,并便利他们满足需求、获得服务。第二,表达民众对省长治理的满意或不满。因为省议会多数成员对省长的不满,会使其被罢免。这意味着省议会的实质是行政性的:协助省长,向他告知该省的实际情况,并表达对他的满意或不满。所有这些都促使他改进工作。此外,该议会还具有其他强制性职权,与下文所述的乌玛议会相同。
1. In accordance with Article 56, a Provincial Council is elected for two goals: The first is to provide necessary information to the governor (Wali) about the situation and needs of the province (Wilayah). The purpose of that is helping the governor in conducting his task in a way that provides a comfortable and secure life for the people of the province and facilitates the fulfillment of their needs and the provision of their services. The second is to express contentment or complaint about the governance of the governor over them. This is because the complaint of the majority of the council of the province against the governor obliges his removal. This means the reality of the Provincial Council is administrative for helping the governor by informing him of the reality of the province and for expressing the contentment or complaint about him. All of this motivates him to improve his work. This council has other mandatory powers such as those of the Ummah Council, as explained below.
2. 根据第105条及前面的说明,设立一个乌玛议会(用于协商与问责),该议会须由乌玛选举产生,并代表乌玛。它拥有强制性的权力,相关内容将在下一条中说明。
2. In accordance with Article 105 and the previous explanation, an Ummah Council is set up (for consultation and accounting), which must be elected by the Ummah and representative of her. It has mandatory powers which will be explained in the next article.
这意味着将会举行选举,用以选出省级理事会的成员,另外还将举行一次选举,用以选出乌玛理事会的成员。
3. This means there will be election for selecting the members of the Provincial Council and another election for the members of the Ummah Council.
4. 为了便利选举程序,并使公民免于频繁选举,我们采取先选举省级议会,再由当选的省议会成员在其内部推选乌玛议会的做法。这意味着省议会由乌玛直接选举产生,而乌玛议会则由省议会选举产生。因此,乌玛议会的任期起止与省议会的任期相同。
4. To facilitate the election process and save the citizens from repeated elections, we adopt the election of the Provincial Councils first, then those who won in the Provincial Councils would gather and elect from among themselves the Ummah Council. This means the Provincial Council would be directly elected by the Ummah, while the Ummah Council would be elected by the Provincial Councils. Hence, the beginning and end of the term of the Ummah council is the same as that of the Provincial Councils.
5. 若某位从各省议会当选为乌玛理事会成员的人需要被替换,则由各省议会选举中落选者里得票最高的人接替。得票相同者之间抽签决定。
5. One that is elected from the Provincial Councils to the Ummah Council is replaced by the one with the highest votes among those who failed in the elections of the Provincial Councils. A lot is cast between those who got the same number of votes.
6. 迪玛(Dhimmah)的民众在各省议会中选举自己的代表,这些代表再在乌玛议会(Ummah Council)中选举他们的代表。上述所有过程与国家内省议会和乌玛议会的选举同时进行。
6. The people of the Dhimmah elect their representatives in the Provincial Councils and these representatives elect their representatives in the Ummah Council. All of this takes place at the same time of the election of the Provincial Councils and the Ummah Council in the State.
因此,已制定一项法律,充分考虑上述事项,并说明选举省议会和乌玛议会所采用的措施。
Consequently, a law has been prepared that takes into consideration the matters mentioned, and explains the measures used for the election of the Provincial Councils and the Ummah Council.