哈里发采纳特定的伊斯兰教法规则，并将其颁布为宪法和法律。一旦哈里发采纳某项伊斯兰教法规则，该规则便成为必须遵行的唯一教法规则，并成为每位公民都必须公开和私下里遵守的约束性法律。

The Khalifah adopts specific Shari’ah rules which he will enact as a constitution and laws. If he adopts a Shari’ah rule, this rule alone becomes the Shari’ah rule that must be acted upon and it becomes a binding law that every citizen must obey openly and privately.

本条款的依据,是众圣门弟子的公议(Ijma'),即哈里发有权采纳特定的沙里亚规则。同样,已确立的是:遵行哈里发所采纳的规则是必须的。穆斯林不得遵行哈里发所采纳的规则之外的任何规则,即便那些沙里亚规则是某位穆智台希德(伊斯兰学者)所采纳的。这是因为,对所有穆斯林具有约束力的真主的律例,正是哈里发所采纳的规则。正统哈里发们便是如此行事的;他们采纳了大量的特定规则并下令执行。因此,穆斯林们,包括其中所有的圣门弟子,都遵行这些规则,并放弃了自己的伊吉提哈德(源自伊斯兰证据的伊斯兰见解)。例如,阿布·伯克尔(愿主喜悦之)在离婚问题上采纳了一项规则,规定三次离婚若在同一场合宣告,则视为一次离婚。他在分配穆斯林财富的问题上也采纳了一项规则,规定财富应在穆斯林之间平均分配,不论其在伊斯兰中的资历或其他任何情况。穆斯林们遵从了他,法官和瓦利(地方长官)也执行了他所采纳的规则。欧麦尔(愿主喜悦之)执政后,在上述两个问题上采纳了不同于阿布·伯克尔的其他见解:他规定三次离婚视为三次;他也按照穆斯林在伊斯兰中的资历和需要来分配财富,而不是平均分配。穆斯林们也遵从了他,法官和长官也执行了他所采纳的规则。 然后，欧麦尔（愿真主喜悦他）采纳了一项规定：战争中征服的土地作为战利品归入国库（Bayt Al-Mal），而不归参战者所有；土地应留在原主手中，不得分给参战者，也不得分给穆斯林。各地总督和法官遵照执行，落实了他所确定的这项规定。

The evidence of this Article is derived from the Ijma’ (General Consensus) of the Companions that the Khalifah reserves the right to adopt specific Shari’ah rules. It has also been established in the same manner that it is obligatory to act upon the rules adopted by the Khalifah. The Muslim is not permitted to act upon any rule other than what the Khalifah has adopted in terms of rules even if these rules were Shari’ah rules adopted by one of the Mujtahideen (scholars of Islam). This is so because the rule of Allah that becomes duly binding upon all the Muslims is what the Khalifah adopts. The rightly guided Khulafaa’ proceeded in this manner; they adopted a host of specific rules and ordered their implementation. Thus the Muslims, with all of the Companions amongst them, used to act upon these rules and to abandon their own Ijtihad (Islamic opinion derived from the Islamic evidences). For instance, Abu Bakr (ra) adopted in the matter of divorce a rule stipulating that the triple divorce would be considered as one divorce if it were pronounced in one sitting. He also adopted in the matter of distributing the wealth upon the Muslims a rule stipulating that wealth should be distributed equally amongst the Muslims, regardless of seniority in Islam or anything else. The Muslims followed him in this as well as the judges and the Walis (governors) implemented the rules that he had adopted. When Umar (ra) took office, he adopted other opinions different to those of Abu Bakr (ra) in the same two matters; he imposed the rule stipulating that the triple divorce is considered as three and he also distributed the wealth among the Muslims according to their seniority in Islam and according to their needs rather than distributing equally. The Muslims duly followed him in this and the judges and the governors implemented the rules he had adopted. Then, Umar (ra) adopted a rule stipulating that the land conquered in war is a spoil for Bayt Al-Mal (the State’s treasury), not for the fighters, and that the land should remain with its owners and should not be divided among the fighters or among the Muslims. The governors and the judges duly complied and implemented the rule that he had adopted.

正是以这种方式,所有正统的哈里发在采纳意见方面都遵循此道:他们责令民众放弃各自的伊theta德(Ijtihad)及其所依据的规则,转而遵从哈里发所采纳的意见。因此,关于两件事,圣门弟子达成了一致(伊制玛‘,Ijma’):第一是采纳的权利,第二是遵行哈里发所采纳之事的义务。著名的伊斯兰教法原则正是基于圣门弟子的这一伊制玛‘而推导出来的。这些原则是:“苏丹有权针对所出现的每一个问题作出相应的裁决”,“伊玛目的命令可以消除分歧”,以及“伊玛目的命令具有约束力”。

It was in this manner that all of the rightly guided Khulafaa’ proceeded with respect to adoption of opinions, ordering people to abandon their Ijtihad and the rules which they had acted upon, and instead adhere to that which the Khalifah had adopted. So the Ijma’ of the Companions was established on two matters; the first is the right of adoption and the second is the obligation of acting upon what the Khalifah adopts. Famous Shari’ah principles were derived based on this Ijmaa’ of the Companions. These are: “The Sultan reserves the right to effect as many judgements as the problems which arise”, “The order of the Imam resolves the disagreement” and “The order of the Imam is binding”.

采纳某一伊斯兰观点的依据，在于同一件事上存在不同的伊斯兰观点。因此，要依据沙里亚的律例行事，就必须为该事采纳一个特定的伊斯兰观点。这是因为沙里亚的律例，即立法者针对信徒行为所作的训示，见于《古兰经》和圣训之中，而其中许多内容按照阿拉伯语和沙里亚的用法可以有若干种可能的含义。因此，人们在理解立法者的训示上存在分歧，是自然且不可避免的；这种理解上的分歧，又会达到在所指含义上的差异乃至矛盾。于是，对同一件事产生不同乃至相互矛盾的理解，也就不可避免。正因如此，同一件事上可能出现大量不同且相互矛盾的观点。所以，当先知ﷺ在拒堑之役中说道：

The evidence for adopting one Islamic opinion is the fact that there are different Islamic opinions regarding one single matter; hence, in order to act upon the Shari’ah rule in any matter it is imperative to adopt a specific Islamic opinion for it. This is so because the Shari’ah rules, which represent the address of the Legislator related to the actions of the worshippers, have come in the Quran and in the narrations, and many of these can have a number of possible meanings according to the Arabic language and according to Shari’ah. For that reason, it is natural and inevitable that people differ in their understanding of the address of the Legislator and that this difference in understanding reaches the level of disparity and contradiction in the intended meaning. Thus, it is inevitable to have different and contradictory understandings of the same matter. Because of this, there could be a host of different and contradictory opinions in a single matter. So when the Messenger of Allah (pbuh) said at the battle of Ahzab:

.» لاَ يُصَلِّيَنَّ أَحَدٌ الْعَصْرَ إِلاَّ فِي بَنِي قُ رَيْظَة «.

.» لاَ يُصَلِّيَنَّ أَحَدٌ الْعَصْرَ إِلاَّ فِي بَنِي قُ رَيْظَة «.

“除非在included Bani Quraythah处,否则谁也不应礼‘Asr拜”(由Al-Bukhari经Ibn Umar记载)。有人理解为他是在催促快行,于是在前往Bani Quraythah的路上礼了拜;另一些人则理解为他字面上命令在Bani Quraythah礼‘Asr拜,因此推迟礼拜,直到抵达目的地。当安拉的使者ﷺ听闻此事后,他认可了这两种理解,类似的经文和圣训还有很多。

“None should pray ‘Asr but at Bani Quraythah” (recorded by Al-Bukhari through Ibn Umar), some understood that he was urging haste and so they prayed on their way to Bani Quraythah, while others understood that he had literally ordered them to pray ‘Asr in Bani Quraythah; therefore, they delayed praying ‘Asr until they reached their destination. When the Messenger of Allah (pbuh) heard of this, he approved both understandings, and there are many verses and narrations similar to this.

在单一问题上存在意见分歧，使穆斯林有义务从这些不同意见中采纳一种，因为它们都是沙里亚的规定，而真主（SWT）对某一人在某一单一问题上的律例不可能是多样的。因此，必须从沙里亚中选定一条单一的规定以便遵行。由此可见，穆斯林在着手行动时采纳某一特定的沙里亚规定是必要且不可避免的，因为行动本身就要求穆斯林依照该沙里亚规定去完成。无论该规定是法尔德（必须履行的）、曼杜卜（推荐的）、哈拉姆（禁止的）、麦克鲁（厌恶的）还是穆巴赫（允许的），依照沙里亚规定行事的义务都使穆斯林有义务采纳一条特定的沙里亚规定。因此，每一位穆斯林在为行动取用规定时，都有义务采纳一条特定的沙里亚规定，不论他或她是穆贾塔希德（独立推导律例的学者）还是穆far里德（指在某一问题上遵从学者的意见而非自行推导的人），也不论他或她是哈里发还是非哈里发。

The difference of opinion in single matters makes it incumbent upon the Muslims to adopt one opinion from these various opinions since all of them are Shari’ah rules and the rule of Allah (swt) in one single matter regarding one person is not multiple. Therefore, it is imperative to choose one single rule from the Shari’ah in order to act upon. Hence, the Muslim’s adoption of a specific Shari’ah rule is necessary and inevitable when he or she undertakes the action since undertaking the action obliges the Muslim to accomplish it according to the Shari’ah rule. The obligation of acting according to the Shari’ah rule, whether this was a Fard (obligatory), Mandub (recommended), Haram (forbidden), Makruh (despised) or Mubah (permitted) makes it incumbent upon the Muslim to adopt a specific Shari’ah rule. Therefore, it is obligatory upon every Muslim to adopt a specific Shari’ah rule when taking rules for actions, irrespective of whether he or she was a Mujtahid or a Muqallid (someone who follows the opinion of a scholar in an issue rather than deriving it themselves) or whether they were the Khalifah or other than the Khalifah.

关于哈里发，他有必要采纳一系列具体的规则，依据这些规则来处理民众的事务。因此，他有必要在政治与权力方面采纳那些对所有穆斯林普遍适用的规定，例如天课、赋税、哈拉只税（土地税）、对外关系，以及一切与国家统一和统治相关的事务。

With respect to the Khalifah, it is imperative for him to adopt a host of specific rules according to which he assumes the management of peoples’ affairs. Hence, it is necessary for him to adopt certain rules pertaining to what is of a general nature to all the Muslims in terms of matters of government and authority such as Zakat, levies, Kharaj (land tax), foreign relations and everything that is related to the unity of the State and ruling.

然而,哈里发采纳这些规则的行为须经审视。如果哈里发管理民众事务必须采纳特定的伊斯兰规则,那么在这种情况下,采纳对哈里发而言便是义务。这与伊斯兰教法的一条原则相符,该原则规定:“没有它义务便无法完成者,它本身也是义务”,例如签订条约。然而,如果哈里发能够在某一具体事务上依据伊斯兰教法规则管理民众事务,而无需诉诸采纳某一特定规则,那么在这种情况下,采纳对他而言是允许的而非义务,例如证人数额(Nisab Al-Shahadah,即作证所需的最低证人人数)。在这种情况下,他可以采纳,也可以不采纳,因为采纳在本质上是允许的而非强制的。这是因为众圣门弟子的公议认为伊玛目可以采纳,而没有公议认为伊玛目必须采纳。因此,采纳本身是被允许的,除非履行管理民众事务这一义务只能通过采纳才能完成,否则它不会成为义务。在这种情况下,为了完成该义务,采纳便成为义务。

However, his adoption of the rules is subject to scrutiny. If the Khalifah’s managing of the people’s affairs were subject to adopting specific Islamic rules, then in this case the adoption would be obligatory upon the Khalifah. This would be in concordance with the Shari’ah principle stipulating that: “That, without which the obligation cannot be accomplished, is itself an obligation”, such as the signing of treaties. However, if the Khalifah could manage peoples’ affairs in a specific matter according to the Islamic Shari’ah rules without having to resort to the adoption of a specific rule in this matter, then in this case the adoption would be permitted for him rather than an obligation, such as Nisab Al-Shahadah (the minimum number of witnesses in a testimony). In this case, it is permitted for him to adopt or not to adopt, for in essence the adoption is permitted and not obligatory; this is so because the Ijma’ of the Companions is that the Imam can adopt and there is no Ijma’ that the Imam must adopt. Therefore, the adoption itself is permissible and it does not become obligatory unless the obligatory management of peoples’ affairs cannot be accomplished except through adoption. In such a case it then becomes obligatory so that the duty could be accomplished.