第五十六条
Article 56
每个省都设有一个由当地民众选举产生、并由省长支持的议会。该议会有权参与对行政事务发表意见,但无权进行统治。这样做有两个目标:
Every province has an assembly elected from its people and championed by the governor. The assembly has the authority to participate in expressing opinions on administrative matters and not on ruling; and this would be for two objectives:
首先,向省长提供关于该省情况及其需要的必要信息,并表达他们对此的看法。
Firstly - providing the necessary information about the situation of the governorate and its needs to the governor and to express their opinion about that.
其次——用以表达他们对总督统治的满意或不满。
Secondly - in order to express their contentment or complaint about the rule of the governor over them.
议会的意见在第一次时没有约束力,在第二次时则具有约束力——如果他们对总督提出申诉,他就会被罢免。
The opinion of the assembly is not binding in the first instance and is binding in the second – if they complain about the governor he is removed.
未知先知穆罕默德ﷺ的总督们曾设有省级议会,也未从先知穆罕默德ﷺ的行为中得知他曾选举过省级议会;同样,正统哈里发也没有类似的做法。由此可知,省级议会并不属于统治体制,也不属于伊斯兰教法的规定。因为统治体制是指每一项有伊斯兰教法依据的统治行为,而没有依据的事物则不属于统治体制。相反,应当对其进行考察:如果它是从某个根本原则派生出来的分支行为,那么它便遵循该根本原则,属于允许采用的方式和手段,也就是所谓的行政管理;如果该根本行为或分支行为有明确依据,那么除非依照伊斯兰教法的依据,否则不得擅自实行。
It is not known that the governors of the Messenger (pbuh) used to have a provincial assembly and it is not known from the actions of the Messenger (pbuh) that he selected a provincial assembly, and in the same way, nothing similar is known from the righteously guided Khulafaa’. From this, the provincial assembly is not part of the ruling apparatus or the Shari’ah rules, since the ruling apparatus is every action from the acts of ruling that has a Shari’ah evidence and anything which has no evidence is not from the ruling apparatus. Rather it is examined, and if it is a branch action that is derived from a root, then it follows that root and is from the styles and means that are permitted to be acted upon - in other words, from what is called administration; and if the root or branch action has evidence, then it is not correct to undertake it except in accordance with the Shari’ah evidence.