哈里发的采纳受伊斯兰教法规则的约束。他不得采纳任何不是依据沙里亚证据通过合法推论而得出的规则；他也受其所采纳的规则以及他就推导方法所作承诺的约束。因此，他不得采纳依据与他所采纳的方法相矛盾的方法所推导出的规则，也不得颁布与他已经采纳的规则相矛盾的命令。

The Khalifah’s adoption is restricted by the Shari’ah rules; he is prohibited to adopt any rule which is not derived according to a legitimate deduction from the Shari’ah evidences, and he is restricted with what he adopted of the rules, and by what he bound himself to with respect to the method of derivation. So he is not permitted to adopt a rule which has been derived according to a methodology which contradicts the methodology he adopted, and he cannot give an order which contradicts the rules that he had adopted.

本文有两个问题。第一，哈里发在采纳律例方面受到限制，只能从沙里亚中采纳律例。换言之，他在立法和制定法律上受伊斯兰沙里亚的约束。因此，他不得采纳与之相悖的任何内容，因为那将是库夫尔（不信）的律例；如果他采纳了伊斯兰律例之外的律例，并且他知道所采纳的并非伊斯兰沙里亚，那么真主（SWT）的话语便是：

There are two issues in this article: the first being that the Khalifah is restricted in the adoption of rules to adopting from the Shari’ah rules; in other words, he is restricted by the Islamic Shari’ah in legislation and enacting laws. Therefore, it is not permitted for him to adopt anything which contradicts that since they would be the rules of Kufr (disbelief); if he adopted rules from other than the Islamic rules, and he knew that what he had adopted was something other than the Islamic Shari’ah, then the words of Allah (swt).

“而不按照真主所降示的来判决的人，他们就是不信道者。”（TMQ 5:44）适用于他。因此，如果他相信自己所采纳的那条规则，那么他就犯了不信之罪，并背离了伊斯兰教。如果他不相信它，而是基于它不与伊斯兰相抵触的理由而采纳它，正如奥斯曼哈里发们在其末期所做的那样，那么对他而言这是被禁止的，但他不会犯不信之罪。如果他有某种类似证据的依据，比如有人在没有证据的情况下，因他所认为存在的某种利益而制定一条规则，并依赖“公益原则”（al-Masalih al-Mursalah）、“堵塞法源”（sadd adh-dhara'i'）或“行为的途径”（al-wasa'il）等类似规则，那么，如果他认为这些规则是沙里亚的规则和证据，这对他而言就不是被禁止的，他也不会犯不信之罪。然而，他是错误的，而他所推导出的内容被所有穆斯林视为沙里亚规则，并且如果哈里发采纳了它，服从它就是义务的，因为它是沙里亚规则，即便他在证据上有误，它也仍具有类似证据的外观，因为他就如同在从证据进行推导时出错的人一样。无论如何，哈里发有义务将其采纳限定于伊斯兰沙里亚之内，并且限定自己只采纳通过对沙里亚证据进行正确推导所得出的沙里亚规则。其证据如下：

“And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.” (TMQ 5:44) apply to him, so if he believed in the rule that he had adopted, then he would commit disbelief and apostatise from Islam. If he did not believe in it, but he took it upon the basis that it did not contradict Islam, in the same manner that the Ottoman Khulafaa’ acted during their final days, then it would be forbidden for him but he wouldn’t commit disbelief. If he had a semblance of an evidence, such as the one who legislates a rule which has no evidence, due to a benefit that he thinks is there, and relies upon the rule of Al-Masalih Al-Mursalah, or the “preventing the means” or “the means of the actions” or anything similar, then if he thought that these rules were Shari’ah rules and evidences, it wouldn’t be forbidden for him and nor would he commit disbelief. However, he is mistaken, and what he has derived is considered a Shari’ah rule by all of the Muslims, and it is obligatory to obey it if the Khalifah adopts it, since it is a Shari’ah rule, and it would have a semblance of an evidence even if he was mistaken in the evidence, since he is like the one who is mistaken in the deduction from the evidences. In any case, it is obligatory for the Khalifah to restrict his adoption to the Islamic Shari’ah, and to restrict himself to adoption of Shari’ah rules derived by a correct deduction from the Shari’ah evidences. The evidence for this:

第一：安拉（SWT）责成每一位穆斯林，无论他是否为哈里发，都必须依照沙里亚的律例处理自己的一切行为。安拉（SWT）说：“不然，你的主发誓，除非他们把彼此间所争议的事件让你裁决，然后他们在自己的心中对于你的判决不感到不快，并且完全接受，他们便不是信士。”（TMQ 4:65）依照沙里亚的律例处理行为，必然要求在立法者的训示存在多种理解时，即沙里亚的律例存在多种见解时，采纳一个特定的律例。换言之，在存在多种观点的问题上，当穆斯林想要进行某项行为，也就是想要应用该律例时，采纳一个特定的律例对他来说是必须的；同样，当哈里发想要执行其行为时，采纳一个特定的律例对哈里发来说也是必须的，而这就是该律例。

Firstly: What Allah (swt) obligated upon every Muslim, whether they were the Khalifah or not, to conduct all of their actions according to the Shari’ah rules; Allah (swt) says. “But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves.” (TMQ 4:65). Conducting the actions according to the Shari’ah rules necessitates the adoption of a specific rule when there are a number of understandings of the address of the Legislator; in other words, when the Shari’ah rule is numerous. So adoption of a specific rule in those issues where there are a number of opinions is obligatory upon the Muslim when he wants to undertake the action, in other words, when he wants to apply the rule, and so it is obligatory upon the Khalifah when he wants to carry out his action and that is the rule.

其次：哈里发所缔结的效忠誓约之文本，要求他遵守伊斯兰教法，因为这是以《古兰经》和逊奈为根本的誓约，所以他不得离开这两者。凡是故意越出这两者之外的人，便是陷入了叛教（kufr）；若是无意之中，则他有罪。

Secondly: The text of the pledge of allegiance which the Khalifah is contracted upon, obliges him to adhere to the Islamic Shari’ah, since it is a pledge upon the Book and the Sunnah, and so it is not permitted for him to leave these two - rather whoever intentionally goes outside these two commits disbelief and if it was unintentional then he would be sinful.

第三：哈里发的设立是为了施行伊斯兰教法（Shari'ah），因此他不得在穆斯林中推行任何出自伊斯兰教法之外的内容，因为伊斯兰教法以确定无疑的方式禁止此类行为，其程度之严重，以至于施行非伊斯兰之物者其信仰（Iman）即被否定，这表明该禁令是确定无疑的。这意味着哈里发在采纳律例方面受到限制，换言之，他在制定法律时只能依据伊斯兰教法的条文，如果他依据其他任何东西来制定法律，那么若他信奉其中的内容，他就犯了叛教之罪（kufr）；若他不信奉，则他犯了罪。

Thirdly: The Khalifah is appointed in order to implement the Shari’ah, and so it is not permitted for him to implement anything from outside the Shari’ah upon the Muslims, since the Shari’ah prohibits such an action in a decisive manner which reaches the level whereby the one who implements other than Islam has their Iman negated, which is an indication for it being decisively prohibited. This means that the Khalifah is restricted in his adoption of the rules, in other words, in his drafting of the laws according to the Shari’ah rules alone, and if he drafts any laws based upon anything else, then he will commit disbelief if he believes in it, and will be sinful if he doesn’t.

这三条证据是本文第一个问题的证明。至于本文的第二个问题,即哈里发受其所采纳的以及所坚持的推导方法的约束,其证明在于:哈里发所执行的沙里亚律例,对他而言才是沙里亚律例,而对其他人则不是;换句话说,他为使其行为有所依据而采纳的沙里亚律例,而非任何沙里亚律例。因此,如果哈里发推导出某一律例,或在其中追随了他人,那么该沙里亚律例对他而言就是安拉(swt)的律例,他在为穆斯林采纳它时便受此沙里亚律例的约束。他不得采纳与之不同的任何内容,因为那不会被视为对他而言的安拉(swt)的律例,因为它对他而言不是沙里亚律例,从而对穆斯林而言也就不是沙里亚律例。所以,他为臣民所颁布的命令,应受其所采纳的这一沙里亚律例的约束,他不得颁布与其所采纳的任何律例相矛盾的命令。这是因为他所颁布的那道命令不会被视为对他而言的安拉(swt)的律例,因此对他而言不是沙里亚律例,进而对穆斯林而言也不是沙里亚律例;在这种情况下,那就如同他颁布了一道并非基于沙里亚律例的命令。由于此,他不得颁布任何与其所采纳的律例相矛盾的命令。

These three evidences are the proof for the first issue in this article. As for the second issue of the article which is that the Khalifah is restricted by what he has adopted and by what he adheres to in terms of a method of deduction, the proof for this is that the Shari’ah rule which the Khalifah implements is the Shari’ah rule for him, and not for others; in other words, the Shari’ah rule which he adopted in order for his actions to proceed in accordance with and not any Shari’ah rule. So if the Khalifah deduced a rule, or followed someone else in it, that Shari’ah rule would be the rule of Allah (swt) for him, and he would be restricted by this Shari’ah rule in his adoption of it for the Muslims. It would not be permitted for him to adopt anything different to it, since it would not be considered to be the rule of Allah (swt) for him, because it would not be a Shari’ah rule with respect to him, and accordingly it would not be a Shari’ah rule with respect to the Muslims. Therefore, his orders that he issued for the sake of the subjects would be restricted according to this Shari’ah rule which he had adopted, and it is not permitted for him to issue orders which contradict whatever he had adopted from the rules. This is because that order which he issued would not be considered the rule of Allah (swt) for him, and so would not be considered a Shari’ah rule with respect to him, and then it would not be a Shari’ah rule in respect to the Muslims, in which case, it would be as though he had issued an order which was not based upon the Shari’ah rule. Due to this, it is not permitted for him to issue any order which contradicts what he adopted from the rules.

此外,推导的方法会导致对沙里亚规定的理解发生变化。因此,如果哈里发认为只有源自沙里亚文本的伊莱(Illah)才是沙里亚伊莱,并且他不认为马斯拉哈(Maslahah)是沙里亚伊莱,也不认为麦萨利赫·穆尔赛莱(Al-Masalih Al-Mursalah)是沙里亚证据,那么这就意味着他为自己确定了一种推导方法。在这种情况下,他就有义务受其约束,他采纳一项以麦萨利赫·穆尔赛莱为证据的规定,或采用基于并非源自沙里亚文本的伊莱所作的类比,都是不正确的。因为在他看来,这样的规定不被视为沙里亚规定,他不承认其证据为沙里亚证据,因而在他的观点中它并非沙里亚规定。只要它对哈里发而言不被视为沙里亚规定,它对穆斯林而言也就不会是沙里亚规定,那么这就等同于他采纳了沙里亚规定之外的规定,而这对他是被禁止的。 如果哈里发是穆格莱德(Muqallid,即遵循他人伊智提哈德者),或者是在某个问题上的穆贾台希德(Mujtahid),而并非绝对穆贾台希德(Mujtahid Mutlaq)或教法学派穆贾台希德(Mujtahid Madhhab),并且他没有特定的推导方法,那么只要某项沙里亚规定有证据,并且该证据具有证据的表象,他就可以采纳该规定。在采纳规定方面,他不受任何限制;他所受的限制只体现在他所发布的命令上,即这些命令只能依照他所采纳的规定来发布。

Also, the method of deduction causes a change in the understanding of the Shari’ah rule, so if the Khalifah considered the Illah to be a Shari’ah Illah if it is derived from a Shari’ah text, and he does not think that Maslahah is a Shari’ah Illah, and he does not consider Al-Masalih Al-Mursalah to be a Shari’ah evidence, then it means that he has specified a method of deduction for himself. In which case, it would be obligatory for him to be restricted by it, and it would not be correct for him to adopt a rule whose evidence was based upon Al-Masalih Al-Mursalah, or to take an analogy based upon an Illah which was not derived from a Shari’ah text, since that rule would not be considered a Shari’ah rule for him as he does not recognise its evidence as a Shari’ah evidence, in which case in his view, it would not be a Shari’ah rule. As long as it is not considered to be a Shari’ah rule for the Khalifah, then it would not be a Shari’ah rule for the Muslims and so it would be as if he adopted a rule from other than the Shari’ah rules, which is prohibited for him. If the Khalifah was a Muqallid (someone who follows another person’s Ijtihad), or a Mujtahid in an issue and not a Mujtahid Mutlaq or Mujtahid Madhhab, and he did not have a specific method of deduction, then he would be permitted to adopt any Shari’ah rule as long as it has an evidence, as long as that evidence is a semblance of an evidence; he would not be restricted by anything in his adoption of the rules but rather he would only be restricted by what he issued in terms of orders such that they should not be issued except according to what he had adopted from the rules.