第59条
Article 59
如果哈里发作出决定,或者协商委员会对他表示不满——无论是否有正当理由——或者省议会对他表示不满,省长即可被免职。然而,省长只能由哈里发罢免。
The governor can be discharged if the Khalifah decides so or if the Shura council expresses dissatisfaction with him - whether justified or not - or if the provincial council expressed discontent with him. However, the governor can only be dismissed by the Khalifah.
其证据是先知的做法:他任命穆阿兹·本·哲白勒为也门的总督,之后又无故将他罢免;他还罢免了担任巴林官员的阿拉厄·本·哈达拉米,因为阿布杜勒·盖斯代表团对他有所投诉。欧麦尔·本·哈塔卜(愿安拉喜悦他)也常常罢免总督,有时有理由,有时没有理由;他罢免了齐雅德·本·艾布·苏富扬,且未宣布理由;他还罢免了萨阿德·本·艾布·瓦卡斯(愿安拉喜悦他),因为民众对他有所投诉,并说:“我罢免他,既不是因为他无能,也不是因为他背信。”这表明哈里发可以随时罢免总督,而当省议会对总督有所投诉时,他有责任罢免该总督;与该省民众相类似的是协商会议(协商与问责),它代表所有的省份。
Its proof is the action of the Messenger (pbuh) ; he appointed Mu’adh Bin Jabal over Yemen and then removed him from it without a reason, and removed Al-’Ala’ b. Al-Hadrami who was his ’Amil over Bahrain because the delegation of ’Abd Qays complained about him. Umar Bin Al-Khattab (ra) used to remove governors with and without reason; he removed Ziyad b. Abi Sufyan and did not announce a reason and removed Sa’d b. Abi Waqqas (ra) since the people complained about him, and said “I did not remove him due to incapability, nor treachery”. This indicates that the Khalifah can remove the governors whenever he pleases, and it is upon him to remove the governor if the provincial council complain about him, and similar to the people of his province is the Shura council (Shura and accounting), which represents all of the provinces.