第39条
Article 39
哈里发没有固定的任期。只要哈里发维护伊斯兰教法,执行其中的各项律法,并且有能力处理国家事务,他就继续担任哈里发,只要他的情况没有发生使其丧失国家领导权的改变。如果他的情况以这种方式改变,那么届时就有义务将他从职位上罢免。
The Khalifah does not have a fixed term of office; as long as the Khalifah preserves the Shari’ah and he implements its rules, and is capable of carrying out the affairs of the State, he remains as a Khalifah as long as his situation does not change to one that would remove him from the leadership of the State. If his state changes in this manner, then it is obligatory to remove him from his position at that time.
其证据在于,传闻中所载的效忠宣誓之文本是以绝对的形式出现的,并未受任何特定期限的限制。此外,四位端正的哈里发每一位都是基于一项绝对形式的效忠宣誓而被确立的,即传闻中所提及的那种宣誓,其条款也并未固定期限。因此,他们每一位都从被确立之时起担任哈里发之职,直至去世,这便是众圣门弟子的一致意见(Ijma'):哈里发之职没有固定期限,而是绝对的;若有人被拥立,他便一直担任哈里发,直至去世。唯有当哈里发身上发生某种情况使其被罢免,或使当时有必要将其罢免时,才另当别论。但这并非对哈里发任期的限制,而是某种事件导致哈里发之条件出现缺失,因为沙里尔'a经文所确定的效忠宣誓形式,以及圣门弟子的一致意见,使哈里发之职成为不定期的。然而,它受到其所承诺之内容的限制,即《古兰经》与圣训,换言之,即实施沙里尔'a;如果他不捍卫沙里尔'a,或不实施沙里尔'a,那么他便显露出公开的背信(kufr),依据该段圣训,穆斯林乌玛有义务反抗他。
The proof for this is that the text of the pledge of allegiance mentioned in the narrations came in an absolute form and was not restricted by any specific period. Additionally, the righteously guided Khulafaa’ were each contracted upon a pledge in an absolute form, which was the pledge mentioned in the narrations, and their terms were not fixed. So each one of them undertook the Khilafah from the time they were contracted until they died, which is an Ijma’ of the companions that the Khilafah does not have a fixed term, rather it is absolute, and if someone is contracted, they remain as Khalifah until they die. This is the case unless something occurs to the Khalifah which would remove him, or make it necessary to remove him at that time. But this is not a limit upon the term of the Khilafah, rather it would be something that occurred which led to a deficiency in the conditions of the Khilafah, since the form of the pledge of allegiance which has been determined by the Shari’ah texts and the Ijma’ of the companions made the Khilafah an indeterminate term. However, it is limited by the undertaking of what he was contracted upon, which was the Book and the Sunnah, in other words, the implementation of the Shari’ah; if he did not protect the Shari’ah or did not implement it, then he would display open disbelief which would make resistance against him obligatory upon the Ummah due to the narration.
. » إِلاَّ أَنْ تَ رَوْا كُفْرًا بَ وَاحًا « .
. » إِلاَّ أَنْ تَ رَوْا كُفْرًا بَ وَاحًا « .
“除非你们目睹明显的куфр”(‘Ubadah b. Al-Samit 所传、双方共同认可的圣训)。 Wait, I must correct that: "Kufr" should be rendered in Chinese as 归信(kufr)… Let me give the clean version: “除非你们目睹明显的Kufr”(‘Ubadah b. Al-Samit 所传、双方共同认可的圣训)。
“Unless you witness open Kufr” (agreed upon narration from ’Ubadah b. Al-Samit).