第58条
Article 58
州长不能被从一个省调往另一个省,因为他的任命是针对某一特定地区的全面管辖。因此,必须先将他解职,然后再重新任命。
The governor is not moved from one province to another, since his appointment was for a general control in a specific area. Therefore, he has to be discharged first and then reappointed.
其证据是先知的做法,他(愿主福安之)过去会罢免总督,而没有传述他将某位总督从一个地方调到另一个地方。此外,任命总督属于那些通过直接措辞完成的契约之一,而总督的任命契约是针对省份或城市的,它明确了总督管辖的地方,统治的权力在他身上保持,只要哈里发没有罢免他。因此,如果他没有被罢免,他就仍然是那里的总督;如果他被调到另一个地方,他并不会因这次调动而从原来的地方被罢免,也不会因此被任命为他被调去的那个地方的总督,因为要使他脱离原来的地方,需要一句明确的话语表明他已被免去该地的总督之职,而他被任命到所调去的地方,则需要一份专门针对该地的新任命契约。据此可以确定,总督不能通过调任从一个地方转到另一个地方;相反,他是被从一个地方罢免,并被任命为新地方的总督。
Its proof is the action of the Messenger (pbuh) since he used to remove the governors and it is not narrated that he transferred a governor from place to place. Additionally, the governorship is one of the contracts that is completed by a direct wording, and the contract of the governorship is upon the province or city, which specifies the place where the governor rules, and the powers of ruling remain with him as long as the Khalifah does not remove him. So if he is not removed, then he remains a governor over it, and if he is transferred to another place, he is not removed from his first location by this transfer and is not appointed over the location that he has been transferred to, since his separation from the first location requires a direct word that he has been removed from the governorship over it and his appointment over the place that he has been transferred to requires a new contract of appointment which is specific to that location. Accordingly, it is taken that the governor is not transferred from location to location by transfer; rather he is removed from a location and appointed to a new governorship for the new location.