第55条
Article 55
总督无须向哈里发汇报其在授权范围内已经执行的事务。如果出现一个前所未有的新问题,他必须先向哈里发报告,然后依照哈里发的指示行事。如果他担心延误会使问题恶化,则可以先采取行动,之后必须再向哈里发说明未能事先汇报的原因。
The governor is not obliged to inform the Khalifah of what he has carried out within his authorised command. If a new problem arises which has no precedent, he has to inform the Khalifah about it first, and he then proceeds according to the instructions of the Khalifah. If he was afraid that the problem would be exacerbated if delayed, he carries out the action and then must inform the Khalifah later on about the reason for not informing him beforehand.
有证据表明,先知(ﷺ)授权他的总督们,并不要求他们向他汇报所采取的行动,他们也从不向他报告任何事情。相反,他们是完全独立地开展工作的,每个人都凭自己的见解在其管辖范围内治理,穆阿兹、阿塔卜·本·阿西德、阿拉·本·哈达拉米,以及安拉的使者(ﷺ)的所有总督,都是这种做法,这表明总督无需将其任何行动告知哈里发。就此而言,他不同于助理,因为助理必须将他所采取的每一项行动都告知哈里发,而总督则没有义务将其任何行动告知哈里发。
The evidence is that the Prophet (phuh) empowered his governors and did not request them to inform him of what actions they undertook and they did not use to report to him about anything. Rather, they used to undertake their actions with full independence, each of them ruling in his leadership by his opinion; this was the manner of Mu’adh, and ’Attab Bin Asid, Al- ’Ala’ b. Al-Hadrami, and of all of the governors of the Messenger of Allah (pbuh) – which indicates that the governor does not inform the Khalifah about anything from his actions. And in this regard, he is different from the assistant, since the assistant must inform the Khalifah about every action that he undertakes, whereas it is not obligatory upon the governor to inform the Khalifah about any of his actions.
必须由哈里发审查每一位辅佐官(助手)的所有行为,而对于总督的每一项行为,哈里发则无需一一审查,不过他应当了解各地总督的情况,并审查他们传来的消息。因此,总督在其职权范围内拥有自主行动的权力,这也是为什么穆阿兹在被派往也门时对先知ﷺ说:"我将运用我自己的意见。"这表明总督无需向哈里发报告,而是运用自己的判断。在重大事务上征求哈里发的意见并不被禁止,但在次要事务上则不必征求,以免民众的利益受到耽误。如果出现新的情况,则留待哈里发裁决,因为哈里发授权总督管理某座城市或某个地区的权力,意味着总督对该地所有居民拥有治理权,并在已知事务上掌управ其行为。因此,如果出现以前未知的新问题,则应留待哈里发审定;但如果担心拖延会造成损害,则总督可以先行处理,然后再向哈里发报告,因为这是一件前所未有的事情。
It is obligatory that the Khalifah scrutinise every action the assistant undertakes, whereas it is not necessary for him to scrutinise every action of the governor, though he studies the situation of the governors and scrutinises the news from them. Accordingly, the governor has unrestricted action in his governorship, which is why Mu’adh said to the Messenger (pbuh) when he was sent to Yemen “I will exert my own opinion.”; so this is evidence that the governor does not inform the Khalifah, rather he exercises his opinion. It is not forbidden to take the opinion of the Khalifah in the important issues, but he does not seek his opinion in unimportant issues in order that the interests of the people are not delayed. If something new occurs, he leaves it to the opinion of the Khalifah, because the empowerment of the governorship is that the Khalifah delegates the leadership of a city or region to the governor which is a governorship over all its people, and control in the known issues from his actions. So if a new issue which was not previously known occurred, it is left for the examination of the Khalifah, unless it was feared that this would be detrimental, in which case the governor undertakes the issue and then informs the Khalifah, since it was an issue that was unprecedented.