第28条
Article 28
除非穆斯林任命他,否则任何人都不能成为哈里发;除非与他的契约已按照伊斯兰教法缔结,如同伊斯兰教中的任何契约一样,否则任何人都不拥有国家领导权所要求的权力。
No one can be Khalifa unless the Muslims appoint him, and no one possesses the mandatory powers of the leadership of the State unless the contract with him has been concluded according tothe Shari’ah, like any contract in Islam.
证据表明,哈里发职位是一项基于同意与认可的契约。因为它作为契约的本质决定了它只能通过两个缔约方来缔结,所以,除非某人是由那些其同意能完成契约缔结的人依照伊斯兰教法任命的,否则他不能成为哈里发。因此,如果有人在没有那些哈里发契约所经由之人的宣誓效忠的情况下自封哈里发,那么在他的宣誓效忠经由自愿与同意的人完成之前,他不是哈里发,而在那些人同意、契约完成之时,他才成为哈里发。由此,哈里发职位作为一项契约,必然要求有两个缔约方,且每一方都具备伊斯兰教法所要求的资格,才能受托于此契约并使其缔结。
The evidence is that the Khilafah is a contract upon satisfaction and consent, since its reality as a contract means it is not contracted except through two contracting parties, and, therefore, no one is the Khalifah unless he was appointed to it by those whose agreement completes the conclusion of the contract according to the Shari’ah. So if someone appoints himself Khalifah without the pledge from those whom the Khilafah is contracted through, then he would not be a Khalifah until his pledge occurs with choice and consent from those whom the conclusion of the contract takes place. So the fact that the Khilafah is a contract necessitates the presence of two contracting parties, with each of them having the necessary Shari’ah qualifications to be entrusted with the contract and conclude it.