哈里发完全有权依据自己的见解和伊杰提哈德来管理臣民的事务。他可以采纳其中任何允许的事项，以满足管理国家事务和处理民众事务的需要；但他不得以谋求利益为由违背任何沙里亚的律例。例如，他不得以粮食短缺为由禁止单个家庭生育超过一个孩子，不得以防止剥削为由规定物价，也不得以照管事务或谋求利益为由任命非穆斯林或女性为总督，或做出其他与沙里亚律例相抵触的事情。他既不得禁止被允许的事务，也不得允许被禁止的事务。

The Khalifah has the complete right to govern the affairs of the subjects according to his opinion and Ijtihad. He can adopt anything of the permitted issues that he needs to run the affairs of the State and to manage the peoples’ affairs and he is not permitted to contradict any Shari’ah rule for the sake of benefit. For example, he cannot prohibit the single family from having more than one child on the pretext of shortageof foodstuffs, or fix prices on the pretext of preventing exploitation, or appoint a non-Muslim or a woman as a governor on the pretext of looking after the affairs or benefit, nor anything else which contradicts the Shari’ah rules. It is not permitted for him to prohibit a permitted matter and nor to allow a prohibitedmatter.

哈里发拥有完整的权利，可依其见解和伊杰提哈德来管理臣民的事务，但他不得以利益作为依据而违背任何沙里亚的律例。因此，他不得为保护国内工业而阻止臣民进口货物，除非这会损害国家经济；也不得为防止剥削而规定价格，或为缓解住房问题而强迫房主出租其房产，除非为此存在紧迫的紧急情况；也不得做任何与沙里亚律例相抵触的其他事情。他不得禁止被允许之事，也不得使被禁止之事变得被允许。

The Khalifah has the complete right to govern the affairs of the subjects according to his opinion and Ijtihad, but he is not permitted to contradict any Shari’ah rule using benefit as the proof – so he cannot prevent the subjects from importing goods for the sake of protecting the State’s industry, unless it would damage the State’s economy, or fix prices for the sake of preventing exploitation, or force the owner to rent his property for the sake of easing housing, unless there was a pressing emergency for that, nor anything else which contradicts the Shari’ah rules. It is not permitted for him to prohibit something permitted and to make something prohibited permitted.

The proof for this is the words of the Prophet (phuh). » الإِمَامُ رَاعٍ وَمَسْ ئُولٌ عَنْ رَعِيَّتِهِ « .

The proof for this is the words of the Prophet (phuh). » الإِمَامُ رَاعٍ وَمَسْ ئُولٌ عَنْ رَعِيَّتِهِ « .

“伊玛目（统治者）是其臣民的监护人，并且要为他们负责（将被问责）”，这是布哈里通过阿卜杜拉·本·欧麦尔所传述的圣训。此外，伊斯兰教法赋予哈里发的各项权力，例如他依据自己的见解和伊制哈德（独立思考推理）行事的自主权，对公共国库（拜特·马勒）财富的支配权，以及在具体问题上强制民众遵循某一特定见解的权力，诸如此类。这段圣训赋予哈里发无任何限制地管理臣民事务的完整权利；关于拜特·马勒的规定、征收、军队的组建、任命总督，以及其他一切赋予哈里发的权力，都是以绝对的方式授予他的，无任何限制。这证明他可以按照自己的看法不受限制地处理国家事务，服从他是义务，违抗他则是罪过。然而，这种治理的行使必须符合伊斯兰教法，也就是说，要依据伊斯兰教法的经文。因此，即便这项强制性权力是绝对授予他的，也受到伊斯兰教法的约束，即必须依照伊斯兰教法的规定行使。例如，他被授权按自己的意愿任命总督，但任命非穆斯林、儿童或妇女为总督是不正确的，因为伊斯兰教法禁止这样做。另一个例子是，他可以允许在其统治范围内的土地上开设非穆斯林国家的使馆，并且他有权这样做而不受任何限制；然而，如果某个非穆斯林国家想把使馆作为控制伊斯兰土地的工具，则允许其开设使馆是不正确的，因为伊斯兰教法禁止这样做。 同样,他可以拟定预算的各项条目以及每项所需的金额,但他不得在预算中为修建一座水坝列出一项支出,而该水坝的费用超出了伯特·马尔(Bayt Al-Mal)的收入,并以此为由计划征税来支付。这是因为伊斯兰教法不允许为了像这座水坝这样并非必需的事项而征收赋税。如此,尽管他在伊斯兰教法赋予他的事务上拥有绝对的权力,但这种绝对权力只能依照伊斯兰教法的规定来运作。此外,所谓在管理事务上的绝对权利,并不是指他可以制定他认为管理各地事务所必需的法律,而是指他被赋予了行动的独立性,可以依照自己对如何处理事务的见解行事,而这些事务是被允许交由他决定的。在这些他被允许负责的事务上,他依自己的见解制定法律,此时人民便有义务服从他,因为伊斯兰教法赋予了他在这些事务上运用自己见解的独立行动权,并命令我们服从他。因此,他可以把自己的见解制定为人民必须遵守的法律。例如,他被赋予了依照自己的见解和伊智提哈德(Ijtihad)管理伯特·马尔事务的权利,并可以据此命令人民服从,因此他可以为伯特·马尔制定财政法规,此时服从这些法规便成为义务。同样,他被赋予了统领军队并依照自己的见解和伊智提哈德管理军队事务的权力,人民也被命令据此服从他。因此,他可以就军队的统领和管理制定法律,此时服从这些法律便成为义务。 同样,他被赋予了依照其见解和伊斯兰教法的独立推理(Ijtihad)来管理臣民利益的权利,并可依照其见解和伊斯兰教法的独立推理任命人员来管理事务、与之共事,民众也被命令相应地服从他。因此,他可以为行政事务制定法律,也可以制定有关公务员的法律,此时服从这些法律即成为义务。对于哈里发在其拥有强制性权力的事务中,依其见解和伊斯兰教法的独立推理所留待决定的每一个问题,他都可以制定法律,服从这些法律同样是义务。

“The Imam (ruler) is a guardian and responsible (will be questioned) of his subjects” reported by Al-Bukhari through ’Abd Allah Bin Umar, and also that the rules which the Shari’ah gives to the Khalifah such as his independence of action according to his opinion and Ijtihad in the wealth of the commissioned Bayt Al-Mal (state treasury), and such as the coercion of the people to follow a specific opinion in the single issue, and whatever else is similar. This narration gives the Khalifah the complete right in governing the affairs of the subjects without any restriction, and the rules of the Bayt Al-Mal, adoption, preparation of the Army, appointing the governors, and whatever else which has been given to the Khalifah was given to him in an absolute manner without any restriction, which is proof that he can carry out the governing of the affairs according to how he views without any restriction, and to obey him is obligatory while disobeying him is a sin. However, the undertaking of this governing must be done according to the rules of the Shari’ah; in other words, according to the Shari’ah texts. So the mandatory power, even if it has been given to him absolutely, is restricted by the Shari’ah; in other words, according to the rules of the Shari’ah. For example, he has been granted the power to appoint the governors as he pleases, but it is not correct to appoint the disbeliever, or child, or woman as a governor, since it has been prohibited by the Shari’ah. Another example is that he may permit the opening of embassies of the disbelieving countries in the lands which are under his authority, and he is allowed to do that without any restriction, however it is not correct to permit the opening of embassies for a disbelieving country that wants to use the embassy as a tool for control over the Islamic lands, since the Shari’ah prohibited that. Likewise, he may draft the sections of the budget, and the necessary amounts for each section, but he may not draft a section in the budget for building a dam whose cost is beyond the revenues of the Bayt Al-Mal on the basis that he will collect taxes to pay for it. This is because it is not permitted from the Shari’ah to raise taxes for the sake of something which is not vital such as this dam. In this manner, though he has absolute power in governing the affairs which have been given to him by the Shari’ah, but this absoluteness can only operate according to the rules of the Shari’ah. Additionally, what is meant by the absolute right in the governing of the affairs is not that he can draft laws which he sees as necessary for the governing of the affairs of the lands, but rather the meaning is that he has been given the independence of action to act according to his opinion of how the affairs should be carried out in those issues that have been permitted to him, at which point he drafts the laws in those issues which he has been permitted to undertake according to his opinions, and then it becomes obligatory for the people to obey him since the Shari’ah gave him the independence of action to apply his opinion in those issues and ordered us to obey him. So he may make this opinion into a law which people are obliged by. For example, he has been given the right to manage the affairs of the Bayt Al-Mal according to his opinion and Ijtihad, and order the people to obey him accordingly, so he can draft financial laws for the Bayt Al-Mal at which point it becomes obligatory to obey these laws. Likewise, he has been given the leadership of the Army and the management of its affairs according to his opinion and Ijtihad, and the people are ordered to obey him accordingly. So he may draft laws regarding the leadership of the Army and for its administration at which point it becomes obligatory to obey those laws. Likewise, he has been given the right to manage the interests of the subjects according to his opinion and Ijtihad, and to appoint people to manage the interests and work with them according to his opinion and Ijtihad, and the people have been ordered to obey him accordingly. So he may draft laws for the Administration of the Affairs, and he may draft laws regarding the civil servants at which point it becomes obligatory to obey those laws. He may draft laws for every issue that has been left to the opinion and Ijtihad of the Khalifah in the issues which he has the mandatory powers, and it would be obligatory to obey those laws.

不能说这些法规只是一些具体的方式，而这些方式属于允许的事项，因此对所有穆斯林都是允许的。否则，哈里发就不能指定某些具体的方式并使其成为强制性的，因为这等于是使人去履行一件本属允许的事情；而要求人履行一件允许的事情，就是把“mubah”（允许之事）变成“fard”（义务），并通过禁止这些方式以外的一切做法而把“mubah”变成“haram”（禁止之事），这是不被允许的。这一点无法辩驳，因为允许的是这些方式作为方式的层面。至于管理公库（Bayt al-Mal）的方式、统领军队的方式，以及管理臣民利益的方式，都是只允许哈里发采用，而不是允许每一个人。因此，遵循哈里发所决定的这一允许之事并不会把该“mubah”变成“fard”，而只是使服从哈里发成为义务，这是依据沙里亚赋予他的权利：即依自己的见解和伊杰提哈德独立作出决定的权利，换言之，就是他依据见解和伊杰提哈德对事务进行治理所作出的决定。虽然这件事原本是允许的，哈里发却使其成为强制性的，并禁止其他一切做法，但哈里发依此进行治理是被允许的，因为治理是他的职权，而任何其他人都不被允许这样做，因为这种治理不属于他们的职权。 因此,遵从哈里发从允许之事中所采纳的规定,并非出于义务上必须如此,以便管理事务;换言之,沙里亚赋予哈里发依其意见与伊智提哈德独立行事的权限,其着眼点并不在于哈里发将许可之事变为必须履行之事(Fard),或将许可之事变为禁止之事(Haram),而在于服从哈里发,在沙里亚赋予哈里发依其意见与伊智提哈德独立行事的范围内,是必须履行的义务。因此,哈里发为便于管理事务而使某项许可之事具有约束力,这一事项便成为每个臣民必须遵守的义务。基于此,欧麦尔·本·哈塔卜(愿真主喜悦之)设立了各个部门,哈里发们也基于此为其行政官员和臣民制定了具体的安排,并责令他们依照这些安排行事,禁止以其他方式行事。基于此,起草行政法规以及同类的其他法律是被允许的,服从这些法律与服从其余法律的义务相同,因为服从的是哈里发依其所命令之事,而这些权力和独立行事的权利是沙里亚赋予他的。

It cannot be argued that these laws are styles, and that the styles are from the permitted issues, and so they are permitted for all the Muslims in which case it is not permitted for the Khalifah to specify specific styles and make them obligatory, since it is making it obligatory to act upon something permitted, and to obligate an act upon something permitted is making the Mubah (permitted) Fard (obligatory), and making the Mubah (permitted) Haram (prohibited) by prohibiting anything other than these styles, and this is not allowed. This cannot be argued, since the permitted are styles from the angle that they are styles, as for the styles of administrating the Bayt Al-Mal, they are permitted for the Khalifah and not every person, and the styles of the leadership of the Army are permitted for the Khalifah and not every person, and the styles of the management of the interests of the subjects are permitted for the Khalifah and not all the people. Therefore, the obligation of acting according to this permitted issue which the Khalifah decided upon, does not make that Mubah (permitted) into a Fard (obligation), rather it only makes obeying the Khalifah obligatory according to what the Shari’ah gave to him from the right to act independently according to his opinion and Ijtihad or in other words, in what he decided from opinion and Ijtihad in order to govern the issues. Since although it was originally permitted, the Khalifah made it mandatory and prohibited anything else, but it is permitted for the Khalifah to govern according to it, since the governing is his issue, and it is not permitted for any other person since this governing is not their issue. Therefore, it is not obligatory to adhere to what the Khalifah adopted from the permitted actions in order to govern the affairs; in other words, what the Shari’ah gave to the Khalifah to act independently in according to his opinion and Ijtihad, from the angle that the Khalifah made something Mubah (permitted) into Fard (obligatory), and made the Mubah into Haram (prohibited), but rather from the angle that the obedience to the Khalifah is obligatory in whatever the Shari’ah gave to the Khalifah to act independently in according to his opinion and Ijtihad. So, every Mubah (permitted issue) that the Khalifah made binding in order to facilitate the governing of the issues becomes obligatory upon every individual from the subjects to adhere to. Based upon this, Umar bin Al-Khattab (ra) registered the departments, and based upon this, the Khulafaa’ laid down specific arrangements for their administrators and for the subjects, and obliged them to work according to these arrangements and prohibited them to work in any other way. Based upon this, it is permitted to draft administrative laws and the remaining laws which are from this type, and obedience to them is obligatory in the same manner as obedience to the rest of the laws, since the obedience is to the Khalifah according to what he orders, from what the Shari’ah has given him in terms of rights and independence to act.

然而,这仅限于那些用于治理事务的许可事项,也就是说,赋予哈里发的、让他依据自己的见解和伊贾提哈德独立行事的事项,例如行政机构的组织、军队的编排及类似事务;并非所有许可事项都如此,而只是哈里发以哈里发身份所被允许的事项。至于其余属于全体民众的义务(Fard)、推荐(Mandub)、厌恶(Makruh)、禁止(Haram)和允许(Mubah)等规定,哈里发则受沙里亚规定的约束,在这些范围之外,他绝不被允许逾越,这是因为先知ﷺ的话语。

However, this is only in the permitted issues which are for the governing of the affairs, in other words, what has been given to the Khalifah to act independently in according to his opinion and Ijtihad, such as the organisation of the administrations, arranging the soldiers and similar, and not in all the permitted issues but rather only what is permitted for the Khalifah in his capacity as a Khalifah. As for the rest of the rules from the Fard (obligation), Mandub (recommended), Makruh (disliked), Haram (prohibited) and the Mubah (permitted) for all the people, then the Khalifah is restricted in those according to the Shari’ah rule. He is not permitted to stray outside of these at all, due to the words of the Prophet (phuh).

. » مَنْ أَحْدَثَ فِي أَمْرِنَا هَذَا مَا لَيْسَ مِنْهُ فَ هُوَ رَد « .

. » مَنْ أَحْدَثَ فِي أَمْرِنَا هَذَا مَا لَيْسَ مِنْهُ فَ هُوَ رَد « .

“如果有人在我们的事务中引入不属于它的东西，那必将被拒绝”，这一圣训是普遍性的，涵盖哈里发以及其他任何人。

“If anyone introduces in our matter something which does not belong to it, will be rejected”, which is general encompassing both the Khalifah and anyone else.

关于那些并未授予哈里发依其意见和伊杰提哈德来施行、而是为所有人所允许的事务——哈里发不得制定强迫民众遵守的法律。例如，指挥军队的方法由哈里发依其意见和伊杰提哈德来施行，但民众被允许依照自己喜欢的样式穿着自己喜欢的衣服，因此不得制定法律限制衣着的样式。民众也可以按照他们喜欢的任何建筑风格建造房屋，因此哈里发不得制定法律限制房屋的风格，因为这是对所有民众而言都属于穆巴赫（允许）的事务。所以，在这类穆巴赫事务上，以牺牲他人为代价强迫民众遵守某一特定事项，等同于将穆巴赫变为义务或禁止，而这对哈里发是不允许的。如果他这样做了，服从他就不再是义务，此事将提交到麻扎立姆（不公正）法庭。相反，他的采纳仅限于一个领域，即他被赋予独立权、可依其意见和伊杰提哈德行事的领域。哈里发可以让民众遵循某一特定的意见和伊杰提哈德，服从他也是义务的；换言之，在这些事务上他可以制定法律，即那些允许哈里发、而非一般民众去决定的事务，例如指挥军队的方法等等。在这些事务上，他可以责成民众遵循他特定的意见和伊杰提哈德，民众也有义务服从他；换言之，他在这类事务上可以制定法律，而在这些事务之外的任何事情上，他完全不得制定法律。

With regards to that which has not been given to the Khalifah to run according to his opinion and Ijtihad but instead was permitted for all of the people – it is not permitted for him to legislate laws which force people upon it; for example, the techniques of leading the Army are run according to his opinion and Ijtihad, but the people are permitted to wear the clothes that they like according to the appearance they like and so it is not permitted to draft laws which would limit the appearance of their clothes. And they are permitted to build their houses according to any architectural style they like, and so it is not permitted for the Khalifah to draft laws which would limit the styles for their houses, since this is a Mubah (permitted) issue for all the people, so any forcing of the people upon a specific thing in this type of Mubah (permitted) issue at the expense of others, is equivalent to obligating and prohibiting the Mubah, and this is not permitted for the Khalifah. If he did it, obedience to him would not be obligatory and the issue would be raised to the court of the Madhalim (injustices). Rather, his adoption is limited to a single area, which is that in which he has been given the independence to act according to his opinion and Ijtihad. It is permitted for him to make the people adhere to a specific opinion and Ijtihad, and obedience to him is obligatory; in other words, it is permitted for him to draft laws in these issues, in other words, those issues which are permitted for the Khalifah and not for the general people such as the styles of leading the Army and so on. In such issues, he can obligate people to follow his specific opinion and Ijtihad, and it would be obligatory upon them to obey him, in other words, it is permitted for him to draft laws in such issue, while it is not permitted for him to do so at all in anything other than these issues.

因此,哈里发不得以"为了处理政务"为由,将已被允许的事物定为禁止,或将已被禁止的事物定为允许。例如,他不得以"为了处理政务"为由,宣布向这些地域之外出售羊毛为不被允许。这是因为贸易本是允许的(Mubah)。不得将其定为禁止(Haram),也不得阻止它。然而,如果确定出售羊毛、武器或其他任何允许之物会造成伤害,那么仅出售该物就变为禁止(Haram),因为它导致了伤害,而该物本身仍然是允许的(Mubah)。这是依据先知ﷺ禁止军队饮用塞穆德人水井之水时所确立的原则。

Accordingly, it is not permitted for the Khalifah to make prohibited what has been permitted or to make permitted what has been prohibited with the justification that it is for the governing of the affairs. So it is not permitted for him to say that it is not permitted to sell wool to outside of these lands with the justification that it is for the sake of governing the affairs; this is since trade is Mubah (permitted). It is not permitted to make it Haram (prohibited) or to prevent it. But, if selling wool or weapons or anything from amongst the Mubah (permitted) things is confirmed to cause a harm, then selling that thing alone becomes Haram (prohibited) because it leads to a harm, while the object itself remains Mubah (permitted); this is according to the principle taken from when the Prophet (phuh) prohibited the Army from drinking from the wells of Thamud.