第52条
Article 52
国家所统治的土地被划分为若干单位,每个单位称为Wilayah(省)。每个省又划分为若干单位,每个单位称为'Imalah(县)。管理省的人被称为Wali(总督)或Amir(埃米尔),管理'Imalah的人被称为'Aamil(官员)或Hakim(统治者)。
The lands which are ruled by the State are divided into units, where each unit is called a Wilayah (province). Each province is divided into units and each unit is called an ’Imalah (district). The one who governs the province is called the Wali (governor) or Amir and the one who governs the ’Imalah is called the ’Aamil (worker) or Hakim (ruler).
以下为译文: 官员为统治者,因为“统治权”(wilayah)即是统治。《al-Muhit》词典中有言:“治理某事,对其拥有统治权(wilayah)与监护权(wilayah),它是词根,wilayah即计划、领导与权威。”统治权须由哈里发或其授权之人授予,因此官员只能由哈里发任命。统治权或领导权的根源,即官员与领袖的依据,乃是先知ﷺ的行为。已有确证,先知ﷺ曾任命各地的总督,并赋予他们统治地区的权力:他任命穆阿兹·本·哲白勒为al-Jund的总督,任命齐亚德·本·拉比德为哈德拉毛的总督,任命艾卜·穆萨·艾什尔里为宰拜德与亚丁的总督。官员是哈里发的代表,他所从事的行为,都是代表哈里发在其被授权的范围内进行的。根据伊斯兰教法,统治权并无固定的界限,因此凡代表哈里发进行任何统治行为的人,在该行为范围内都被视为官员,其范围以哈里发任命时所明确的措辞为准。然而,对地方的统治权或领导权是限定在特定区域之内的,因为先知ﷺ曾界定其所统辖的区域,或为领袖授权划定管辖范围。这种统治权分为两类:一般性的与特定性的。一般统治权涵盖统治事务的各个方面,被如此授权意味着哈里发将其所在城市或地区的全部事务、所有民众的治理,以及其一切行为的处理权都交由他,因而他拥有全面的管辖权。至于特定领导权,则是指领袖的权限仅限于管理军队、治理民众、守卫边境以及捍卫该地区或城市的神圣事物。 他不得干预司法和税收的征收。
The governors are rulers since the governorship is ruling; it is mentioned in the Al-Muhit dictionary: “And to govern something and upon it governorship (Wilayah) and guardianship (Wilayah), or it is the root and wilayah is the plan and leadership and authority”, and requires empowerment by the Khalifah or one whom he delegated to empower and so the governor is not appointed except by the Khalifah. The origin of governorship or leadership, in other words, in the governors and leaders, is the action of the Messenger (pbuh) . It is confirmed that he appointed governors over lands, and gave them the right to rule over the regions. He appointed Mu’adh Bin Jabal over Al-Jund, Ziyad Bin Labid over Hadramout and Abu Musa Al-Ash’ari over Zabid and ’Aden. The governor is the representative of the Khalifah and he undertakes whatever actions he represents the Khalifah in according to what he has been delegated. The governorship does not have a specific limit according to the Shari’ah so everyone who acts on behalf of the Khalifah in any action of ruling is considered to be a governor in that action according to the words which the Khalifah specified during his appointment. However, the governorship of the lands or the leadership is over a defined area, since the Messenger (pbuh) used to define the area which he would be a governor over or empower the leadership for the leader. This governorship is of two types - general or specific; general encompasses all of the issues of ruling in the governorship and being empowered in this manner means that the Khalifah delegates to him the leadership of the city or region of the governorship over all of its people, and the handling of the issues in all of his actions, and so he has a general control. As for the specific leadership, this is when the leader’s leadership is limited to the management of the Army, governing of the subjects, protection of the borders and defence of the sanctities in that region or city. He cannot interfere with the judiciary and the collection of taxes.
使者ﷺ任命了一般性的总督职位,例如任命阿慕尔·本·哈兹姆治理也门。他也任命了特定的总督职位,例如任命阿里·本·阿比·塔利卜(愿安拉喜悦他)统管也门的法官。在他之后,哈里发们也沿袭了同样的做法:他们会任命一般性的总督职位,例如欧麦尔·本·哈塔卜(愿安拉喜悦他)任命穆阿维叶·本·艾布·苏fyan担任一般性的总督。他们也会任命特定的总督职位,例如阿里·本·阿比·塔利卜(愿安拉喜悦他)任命阿卜杜拉·本·阿拔斯管理巴士拉的一切事务,财政除外,并任命齐亚德负责财政。
The Messenger (pbuh) appointed general governorships, such as the appointment of Amr b. Hazm over Yemen. He also appointed specific governorships, such as the appointment of ’Ali Bin Abi Talib (ra) over the judges in Yemen. The Khulafaa’ after him continued in the same manner, and so they used to appoint general governorships such as Umar Bin Al-Khattab (ra) appointing Mu’awiyah Bin Abi Sufyan to a general governorship. They would also appoint specific governorships, such when ’Ali Bin Abi Talib (ra) appointed ’Abdullah Bin ’Abbas over Basra in everything other than the finances and appointed Ziyaad over the finances.
在早期时代,统治权分为两种类型:礼拜的统治权和土地税的统治权。因此,历史书籍在谈及领导者的统治权时使用两种说法:第一种是对礼拜的领导权,第二种是对礼拜和土地税的领导权。换句话说,领导者可以是礼拜与土地税的领导者,也可以只是礼拜的领导者。统治权或领导权中“礼拜”一词的含义,并不是指他仅仅是民众礼拜时的伊玛目;其含义是对他们一切事务的管理,财政事务除外。因此,“礼拜”一词指的是除收取税款之外的统治。
The governorship in the first eras was of two types: governorship of the prayer and the governorship of the land taxes. Accordingly, in the history books they use two expressions when talking about the governorship of the leaders: the first being the leadership over the prayer and the second being the leadership over the prayer and the land taxes. In other words, the leader could either be a leader of the prayer and the land taxes or the leader of the prayer alone. The meaning of the word prayer in the governorship or leadership is not that he was the Imam of the people in their prayer alone; rather its meaning was the governorship over them in all of their affairs except the finances. So the word prayer meant the ruling with the exception of the collection of the taxes.
如果总督既负责礼拜事务又负责土地税,那么他的职权是全面的;如果他的职权仅限于礼拜事务或仅限于土地税,那么他的职权就是特定的。无论哪种情况,最终都取决于哈里发对特定总督职权的安排,因此哈里发可以将其职权限定于土地税、司法,或限定于除财政、司法和军队之外的一切事务;他会依据自己认为对国家行政或省级行政有利的做法而定。这是因为伊斯兰法并未对总督的职责作出具体限定,而只是将总督或地方长官的职责限定为统治与治理权,并且他是代表哈里发行事,是某一特定地区的领导者,这与先知ﷺ的做法是一致的。
If the governor was both over prayer and land taxes, his governorship was general, and if it was limited to the prayer or to the land taxes, then his governorship was specific. In every case, this returns back to the arrangements of the Khalifah in the specific governorship, so he can make it specific to the land taxes, or the judiciary, or to make it specific to everything other than the finances, judiciary and Army; he does whatever he thinks is good for the administration of the State or the administration of the province. This is since the Shari’ah did not limit specific work for the governor, but rather limited the work of the governor or leader to ruling and authority, and that he is acting on behalf of the Khalifah and is a leader over a specific place, and this is according to what the Messenger (pbuh) did.
相反,伊斯兰教法赋予哈里发任命一般性和特定性总督职位的权利,依据他所看到的情况而定,这一点从先知(愿主福安之)的做法中可以看出。基于先知(愿主福安之)将领导人或总督的权力限定在某一城市或地区的先例,第五十二条被起草出来,将国家划分为省和区。
Rather the Shari’ah gave the Khalifah the right to appoint general and specific governorships, according to what he sees from the actions, and that is apparent from the action of the Messenger (pbuh) . Built upon the limiting of the leadership of the leader or the governorship of the governor to a city or region by the Messenger (pbuh) , article fifty-two was drafted which divided the State into provinces and districts.