第四十五条
Article 45
哈里发的助理(幕僚)的职责是:在执行了管理事务、施行了治理与监护的各项措施之后,向哈里发汇报,以使其权力不至于与哈里发的权力相等同。因此,他的工作是呈递报告,并执行他所奉命去做的一切事务。
The work of the assistant is to report to the Khalifah after whatever he has executed of the actions of management, and whatever he implemented of government and guardianship, in order that his powers do not become like that of the Khalifah. Therefore, his work is to raise his reports and to implement whatever he is ordered to.
这一论据的依据也体现在助手的实际情况中:他是哈里发经授权的代理人,而代理人只是以授权者的代表身份履行职责。因此,他并不独立于哈里发,而是会向哈里发汇报每一项行动,正如欧麦尔(愿真主喜悦他)在担任阿布·伯克尔(愿真主喜悦他)的大臣时所做的那样。他会把自己的意见告知阿布·伯克尔(愿真主喜悦他),并依照其所思考的内容来执行。
The evidence for this is also the reality of the assistant, since he is the authorised representative of the Khalifah, and the representative only carries out the work as a representative of the one who authorised him. Therefore, he is not independent from the Khalifah, rather he reports every action, totally as Umar (ra) used to do with Abu Bakr (ra) when he was his minister. So he used to inform Abu Bakr (ra) about his opinion and would implement according to what he thought.
向哈里发汇报的含义,并非在各项行动的每一个细节上都要征得他的许可,因为这与辅政者的实际职责相悖。向他汇报的真正含义,是就某项事务与他商议,例如某个省需要一位有能力且获得授权的总督,或消除民众抱怨的市场粮食短缺问题,或国家事务中的其他问题;也可以仅仅将这些事务作为报告呈上,供他审阅,使他了解与其相关的情况。因此,这些报告已足以据以执行其中提及的一切事项及其全部细节,无需再颁发许可才能行动。然而,如果下达了不得执行这些报告的命令,那么辅政者便不得执行。由此可见,这些报告仅仅是对事务的呈现,或就其进行的协商,而并非请求许可以着手实施;辅政者可以在哈里发没有阻止其执行的情况下,依据报告付诸实施。
The meaning of reporting to the Khalifah is not to seek his permission in every individual part of the various actions, since this contradicts the reality of the assistant; rather the meaning of reporting to him is to confer with him in the issue, such as the need for a particular governorate to have a capable governor empowered, or to eliminate what the people complain about regarding the lack of food in the markets, or other than that from all of the issues of the State, or to present these issues simply as a report which can be looked over, and be informed about what concerns him. Accordingly, these reports are enough in order to carry out everything that is mentioned in them with all of his details without the need for the issuance of permission to act. However, if the order not to implement these reports is issued, then it is not correct for him to implement them. Therefore, these reports are simply the presentation of the issues, or consultation regarding them, and not seeking permission to undertake them and the assistant may implement the reports as long as the Khalifah does not stop him from implementation.
关于文章最后一部分“并执行他被命令执行的任何事务”,之所以如此,是因为辅助者(المعاون)并不自行掌握统治权,如同哈里发那样,而是依据哈里发对他的任命(授权)而获得这些权力。因此,如果哈里发命令他做某件事,那么他就有义务执行,不允许不执行。至于让辅助者通过自己的见解和个人判断(اجتهاد)来处理事务,则属于哈里发未命令他的那些事项;而如果他被命令执行某件事,那么辅助者就有义务按照哈里发所命令的方式执行,不得以其他方式执行。
With respect to the last part of the article “and to implement whatever he was ordered to”, this is because the assistant does not take the powers of ruling in himself like the Khalifah, rather he takes them based upon his ministry from the Khalifah, and upon that if the Khalifah orders him to do something, then it is upon him to implement it, and it is not permitted for him not to implement it. Giving the assistant the capability to manage the affairs through his opinion and Ijtihad is in those issues which the Khalifah did not order him, whereas if he was ordered to implement an issue, it is obligatory upon the assistant to implement it in the manner that the Khalifah ordered, and he may not implement it in another way.