第51条
Article 51
执行助理与哈里发直接相连,如同受托助理一样,被视为助理,但仅限于执行层面,而不涉及裁决与统治权。
The executive assistant is directly connected to the Khalifah, like the delegated assistant, and is considered as an assistant but only in terms of execution and not in ruling.
哈里发是承担统治与施行、并管理民众事务的统治者。承担统治、施行和管理需要行政工作,这就必然需要设立一个特定的机构,由哈里发掌握,用以处理哈里发职责所需的各项事务。因此,这就需要哈里发任命助手,来执行和落实行政事务,而不是统治之事。他们的职能是协助哈里发处理行政,而非统治,因此哈里发也不承担任何由助手代为履行的统治职能。所以,此人不被任命为总督或官员('Amil),也不管理民众的事务,而是其工作属于行政性质,用以执行统治事务,以及由哈里发和受委派的助手所发出的行政事务。正因如此,他被称为执行助理。
The Khalifah is the ruler who undertakes the ruling and the implementation, and governing the peoples’ affairs. Undertaking the ruling, implementation and governing requires administrative work and this necessitates the creation of a specific structure which would be with the Khalifah to manage the affairs which are required by the responsibilities of the Khilafah. So this necessitates assistants who are appointed by the Khalifah to execute and carry out the administrative actions, not the actions of ruling. So their action is to assist the Khalifah in administration, not ruling, and so he does not undertake any action of ruling that the delegated assistant would do. Therefore, he is not appointed as a governor or worker (’Amil), and does not govern the peoples’ affairs, but rather his work is administrative to execute the ruling actions, and the administrative actions that are issued from the Khalifah and the delegated assistants. For that reason, he is called the executive assistant.
法学家称他为执行大臣(Wazir Al-Tanfidh),即执行助理。其依据是,“Wazir”一词在语言上指助手、辅佐者。他们说:这位“Wazir”是哈里发与臣民及地方长官之间的桥梁,他执行哈里发的命令,落实所颁布的事务,跟进所裁定的事项,并通报地方长官的任命以及军队与国防的筹备情况。他还将各地的回复和所发生的一切呈报给哈里发,以便执行所受的指令。因此,他是被指派来执行事务的人,而不是管辖这些事务的长官,也不拥有对这些事务的权力。这与当代总统办公室主任的性质相似。
The jurists called him the executive minister (Wazir Al-Tanfidh); in other words, the executive assistant, on the basis that the word Wazir linguistically indicates the assistant, and they said: this Wazir is the interface between the Khalifah and the subjects and governors, he carries out what the Khalifah orders, executes what is issued, follows through what is ruled, informs about the assignment of governorship and the preparation of the military and defence. He also presents to the Khalifah the replies back from them, and whatever has occurred in order to carry out whatever he has been ordered. So he is the one assigned for the execution of the affairs, and not as a governor over them, nor empowered over them. He is similar to the head of the office of the Presidents in the contemporary era.