第42条
Article 42
哈里发为自己任命一名或多名授权助手,由他们承担统治的职责。他将事务的管理委托给他们,由他们依据自己的见解和伊贾提哈德来处理。哈里发去世后,其助手的职务即告终止,他们不再继续履行工作,除非是在临时领导者的任期内。
The Khalifah appoints a delegated assistant or more for himself, who carry the responsibilities of ruling. So he delegates to them the management of affairs, where they conduct them according to their opinion and Ijtihad. On the death of the Khalifah, the role of his assistants ends, and they do not continue in their work except for the period of the temporary leader.
本条的证据是提尔米兹圣训集中所载的:使者(愿主赐福他并使他平安)说。
The proof for this article is what Al-Tirmidhi narrated; the Messenger (pbuh) said.
. » وَأَمَّا وَزِيرَايَ مِنْ أَهْلِ الأَرْضِ فَأَبُو بَكْرٍ وعُمَرُ «.
. » وَأَمَّا وَزِيرَايَ مِنْ أَهْلِ الأَرْضِ فَأَبُو بَكْرٍ وعُمَرُ «.
“我在世上的两位大臣是艾布·伯克尔和欧麦尔”(由阿勒-哈基姆和阿勒-提尔米兹在艾布·赛义德·胡德里那里转述)。这段圣训被法学家采用,并为大多数学者所接受,因此它是一段好(Hasan)的圣训,据此它是哈里发可以任命辅佐者的沙里亚依据。该圣训使用的“大臣”一词是其语言学含义,即辅佐者,《古兰经》也以此含义使用这个词;安拉(SWT)说:“请你为我从我的家属中委派一位辅佐者。”(《古兰经》20:29),也就是一位辅佐者。大臣之职在先知ﷺ时代便已存在,其证据是阿勒-提尔米兹所载圣训的原文。然而,统治的是先知ﷺ本人,没有任何迹象表明他让艾布·伯克尔和欧麦尔去执行他所做的统治之事;但是他把他们任命为大臣,表明他委派他们辅佐他,也就是委派二人执行他在统治方面所做的事务。先知ﷺ去世后,欧麦尔是艾布·伯克尔的大臣,并执行哈里发在统治方面所执行的事务,这一点非常明显,以至于有人对艾布·伯克尔说:“我们不知道究竟是欧麦尔是哈里发还是你是哈里发。”这由伊本·韩百勒在《圣门弟子的美德》中从纳菲尔那里转述。艾布·伯克尔去世后,奥斯曼和阿里是欧麦尔的大臣,二人各自执行了欧麦尔在统治方面所做的事务,只是欧麦尔个人的威望使得两位大臣的辅佐行为不如欧麦尔与艾布·伯克尔之间那样显著;而由于阿里个人的威望,他在欧麦尔时期执行这些事务是清楚可见的。欧麦尔去世后,阿里和麦尔旺·本·哈凯姆是奥斯曼的两位大臣。 然而,'Ali(ra)对其中一些行为并不满意,因此他在与'Uthman(ra)共事时并不突出,几乎如同置身事外的人。另一方面,Marwan(ra)在担任职务、即执掌政务方面则表现得十分显著。
“My two ministers in the World are Abu Bakr and Umar” (reported by Al-Hakim and Al-Tirmidhi from Abu Said Al-Khudri). This narration has been used by the Fuqaha’ and has been accepted by most of the scholars, so it is a Hasan narration and accordingly is a Shari’ah evidence that the Khalifah can appoint assistants. The narration used the word “minister” in the linguistic meaning, which is assistant, and the Quran uses it with this meaning; Allah (swt) said. “And appoint for me a minister from my family.” (TMQ 20:29), in other words, an assistant. And the ministry was present during the time of the Messenger (pbuh) , and its proof is the text of the narration from Al-Tirmidhi. However, it was the Messenger (pbuh) who was the one who ruled, and there is nothing which indicates that he made Abu Bakr (ra) and Umar (ra) carry out what he did from ruling, but making them into ministers indicates that he commissioned them to assist him; in other words, commission for both of them to carry out what he did from ruling. After the death of the Messenger (pbuh) , Umar (ra) was the minister of Abu Bakr (ra), and used to carry out what the Khalifah used to carry out in terms of ruling, and that was apparent to the point that some of them used to say to Abu Bakr (ra), “We don’t know whether Umar is the Khalifah or you” reported by Ibn Hanbal in Fada’il Al-Sahabah from Nafi’. After the death of Abu Bakr (ra), ’Uthman (ra) and ’Ali (ra) were the ministers of Umar (ra), and each of them carried out what Umar (ra) did in terms of ruling, except that the power of the personality of Umar (ra) meant that the actions of assistance of the two ministers were not so apparent as that of Umar (ra) with Abu Bakr (ra), although due to the power of the personality of ’Ali (ra), it was clear that he carried out these actions in the time of Umar (ra). After the death of Umar (ra), ’Ali (ra) and Marwan b. Al- Hakam (ra) were the two ministers of ’Uthman (ra). However, ’Ali (ra) was not content with some of the actions, and so his work with ’Uthman (ra) was not prominent since he was similar to someone withdrawn. On the other hand, Marwan (ra) was apparent in his undertaking of the ministry, in other words, the actions of ruling.
halifah 将事务的管理委托给他的大臣(wazīr),正义哈里发中的每一位哈里发都是如此,他们身边都有辅佐者(大臣),不过这些辅佐者处理事务的方式各不相同。从“大臣”一词,即哈里发的辅佐者的字面含义可以理解,他是协助哈里发处理其各项事务的人;既然这个词是泛指、没有任何限定,那么他就是在哈里发的一切职务上辅佐哈里发。这是从所引述的材料中所理解的,也得到了欧麦尔(愿真主喜悦他)与艾布·伯克尔(愿真主喜悦他)时期之事的佐证。因此,从伊斯兰法的含义来说,大臣就是在哈里发职权的一切方面辅佐哈里发的人。然而,他本人并不拥有哈里发所具有的那些法定权力。相反,如果哈里发说“我任命某某为我的大臣”,或“作为我的辅佐”,或“代我处理我所管辖的事务”,或类似的话,那么此人作为哈里发的代理人,便拥有哈里发的全部法定权力。阿尔·马瓦尔迪在《苏丹的律例》(Al-Ahkam As-Sultaniyyah)中将他们称为“授权大臣”(Wazīr Tafwīḍ),并如此定义,他说:“至于授权大臣,他的大臣职位是从授权他依自己的见解处理事务、并依其伊杰提哈德(独立判断)行事的伊玛目那里获得的。”然而,哈里发必须了解授权大臣所采取的每一项行动,因为他是辅佐者而非哈里发,因此他并不独立;相反,哈里发要审查他的每一项行为,无论大小。
The Khalifah would delegate the management of affairs to his minister, and this occurred with each Khalifah from the righteous Khulafaa’ in that their assistant (minister) was present, though how the assistants practised the management of affairs differed from one to the other. It is understood from the linguistic meaning of the word “minister”, or assistant to the Khalifah, that it means an assistant for the actions of the Khalifah, and since the word came general without any restrictions, then it means assistant for the Khalifah in all of the actions of the Khilafah. This is what is understood from the narration, and is supported by what occurred with Umar (ra) and Abu Bakr (ra), and so the Shari’ah meaning of the word is the one who assists the Khalifah in all the actions of the Khilafah. However, he does not possess the mandatory powers of the Khalifah himself. Rather, if the Khalifah said “I have appointed so and so as a minister for me”, or “as an assistant for me”, or “act on my behalf in what I govern”, or anything similar, then the person would have all the mandatory powers of the Khalifah as his representative. In Al-Ahkam As- Sultaniyyah, Al-Mawardi called them the “delegated minister” (Wazeer Tafweed), and defined it with this meaning, saying, “As for the delegated minister, he has taken his ministry from the Imam who authorised him to manage the affairs according to his opinion, and for them to proceed according to his Ijtihad”. It is however necessary that the Khalifah is aware of every action that the delegated minister undertakes, since he is an assistant and not a Khalifah, and so he is not independent; rather the Khalifah inspects every action of him, whether it was small or big.
这种辅佐者或大臣的伊斯兰教法现实,与民主制度中大臣的现实完全不同。因为民主制度中的内阁即是政府,它是一个为统治而设立的特定群体,其特性即在于此,统治的权力属于该群体而非个人;换言之,领导权是集体的,而非个人的。因此,掌握全部统治权力的是内阁,即部长们的集体,他们中没有任何一人绝对拥有该权力,统治权力实际上归于内阁整体。至于个别大臣,则被任命专门负责统治的某一领域,他在该领域拥有内阁整体为其确定的法定权力;凡是该领域中未授予他的权力,仍归内阁所有,而非归他个人。
This Shari’ah reality of the assistant or minister differs completely with the reality of the minister in the democratic system. Since the cabinet in the democratic system is the government, and it is a group of people established with its characteristic as a specific group for ruling, as the ruling for them is for the group and not for the individual; in other words, the leadership is collective and not individual. So the ruler who possesses all power of ruling is the cabinet or the group of ministers collectively, and no single one of them possesses the power absolutely, but rather the power of ruling is in the cabinet collectively. As for the individual minister, he is appointed to specialise in a particular section of ruling, in which he possesses the mandatory powers that the cabinet as a whole determined for him, and whatever powers in this section were not given to him remain with the cabinet and not him.
在伊斯兰教中,并不存在像民主模式那样共同掌握权力的内阁;领导权属于哈里发。乌玛向哈里发宣誓效忠(拜阿),使其依照安拉的经典和祂的使者ﷺ的sunnah来治理他们。哈里发为自己任命部长(授权部长,Wizārat al-Tafwīḍ),赋予他们全面的授权,代表哈里发行事,并总体上协助哈里发承担哈里发国的职责。因此,从语言意义上讲,他们是部长,也就是哈里发在其所受托事务上的助手。
In Islam, there is no cabinet of ministers who hold the power collectively (on the democratic model); rather the leadership is for the Khalifah who is given Bay’a by the Ummah in order to rule them by the Book of Allah (swt) and the Sunnah of His Messenger . The Khalifah appoints ministers for himself (ministers of Tafwid) who are given general authorisation to act on his behalf and generally support the Khalifah in carrying the responsibilities of the Khilafah, and so they are ministers according to the linguistic meaning, or in other words, assistants of the Khalifah in what they are charged with.
因此,伊斯兰制度中“Wazir”(大臣)与“Wizarah”(部)之含义,与民主制度中“minister”与“ministry”之含义,二者差别之大已经清楚。由于在人们心中,从民主意义上理解的“minister”一词占据主导,一提到此词,首先想到的便只是民主意义。为避免混淆,并且只指明伊斯兰教法的含义,不加以限定而单独使用“minister”一词来指哈里发的助手,是不妥当的。应当以其本义使用“助手”一词,或者对“minister”与“ministry”一词加以限定,使其脱离民主的理解,只让人理解为伊斯兰的含义,例如使用“授权大臣”(Wazir Al-Tafwid)这一称谓。
Accordingly the wide difference between the word “minister” and “ministry” in the system of Islam, and the word “minister” and “ministry” in the system of democracy, has become clear. Since the meaning that is understood from the democratic meaning of the word “minister” is dominant in the minds of the people, and when it is used the only thing that comes to mind is the democratic meaning, in order to avoid confusion and to specify the Shari’ah meaning alone, it is not correct to use the term “minister” alone for the assistant of the Khalifah without specifying it. Rather, the term “assistant” should be used in its real meaning, or the term “minister” and “ministry” should be specified such that it is removed from the democratic understanding, and the Islamic meaning alone is understood, such as using the term “minister of authorisation” (Wazir Al-Tafwid).
助理由哈里发任命和罢免。哈里发去世后,助理的职务即告终止,他们仅继续任职至临时代理人的任期结束。此后,他们需要新任哈里发的重新授权才能继续履行职责;由于其职务随任命他们的哈里发去世而终止,因此无需再予以正式罢免。
The assistant is appointed and removed at the order of the Khalifah. At the death of the Khalifah, the assistants’ role comes to an end, and they only continue through to the end of the period of the temporary leader. They then require a new authorisation from the new Khalifah in order to continue in their role, and they do not require to be formally removed since their role ended with the death of the Khalifah who took them as assistants.