第六十五条
Article 65
哈里发是军队的最高统帅,他任命参谋长、每个旅的将军,以及每个师的指挥官。军队中其余的各级官阶,由旅长和指挥官任命。参谋部中人员的任命,依据其军事专业水平而定,由参谋长负责执行。
The Khalifah is the Commander of the Army and he appoints the Chief of General Staff, a general for each brigade, and a commander for every division. The remaining ranks in the Army are appointed by the brigadiers and commanders. The appointment of a person in the General Staff is according to his level of military expertise and is carried out by the Chief of General Staff.
哈里发是全世界所有穆斯林的总领袖,其职责是确立伊斯兰教法(沙里亚)的各项规定,并将伊斯兰传播给其他民族。向世界传播伊斯兰的主要方式是圣战(吉哈德),因此哈里发必须亲自参与圣战,因为哈里发的契约是授予他个人的,所以不允许其他人代为承担。相应地,圣战事务的管理专属于哈里发,不允许其他任何人负责。尽管每位穆斯林都有参与圣战的义务,但参与圣战与管理圣战是两回事。圣战对每位穆斯林都是义务,而圣战的管理则只属于哈里发,不属于其他任何人。哈里发可以委派他人代替自己履行本应由他承担的义务,但前提是此人仍处于哈里发的监督和掌控之下;不允许在没有哈里发监督和掌控的情况下给予其完全的独立权力。哈里发在此进行的监督,不同于助手向他汇报的那种形式,而是被委派者始终直接服从他的命令,并接受他的直接监督。哈里发可以将军队的指挥权交给他所选定的任何人,但条件是此人必须受哈里发的控制并处于其直接监督之下。哈里发不得在未保留对此人直接监督和控制的情况下委任他人,而且这种监督和控制不能只是形式上的。这是因为哈里发的契约是授予他个人的,所以他有义务亲自管理圣战事务。 因此,其他非伊斯兰制度中所说的国家元首是武装力量总司令、而这种领导权只是象征性的、另外任命一位独立的军队统帅,从伊斯兰的观点来看是无效的,是伊斯兰教法所不允许的。相反,伊斯兰教法规定哈里发必须是军队的实际统帅。
The Khalifah is the general leader for all of the Muslims in this world, in order to establish the rules of the Shari’ah and carry the Islam to the rest of the people. The main method to carry Islam to the rest of the world is Jihad, and so it is imperative that he undertakes Jihad, since the contract of the Khalifah is upon him personally, and ,therefore, it is not permitted for anyone else to undertake it. Accordingly, the management of the issue of Jihad is specific to the Khalifah and it is not permitted for anyone else to undertake it. Even though every Muslim undertakes Jihad, the undertaking of Jihad and the management of Jihad are two different things. Jihad is obligatory upon every Muslim, but the management of Jihad is for the Khalifah alone, and not anyone else. The Khalifah can appoint someone to carry out on his behalf what has been obligated upon him as long as he is under his observation and supervision, while it is not permitted to give him complete independence without his monitoring and supervision. The monitoring that the Khalifah undertakes here is not like the type of reporting that the assistant gives him; rather the one who he has delegated remains directly under his orders and direct supervision. The leadership of the Army can be given to whomever he pleases with the condition that they are under the control of the Khalifah and his direct supervision. It is not permitted for him to appoint someone without retaining direct supervision and control over him, which must not be simply symbolic. This is because the contract of the Khilafah is upon him personally and so it is obligatory for him to manage the affairs of Jihad. Accordingly, what is said in other non-Islamic systems that the Head of State is the Commander and Chief of the Army, and this leadership is symbolic while another independent commander is appointed to the Head of the Army, is considered invalid according to the Islamic viewpoint, and is something that the Shari’ah does not agree to. Rather, the Shari’ah obligates that the Khalifah should be the practical Commander of the Army.
至于技术、行政或其他事务中的非领导性职位,哈里发可以像任命省长那样,任命他人代表自己独立行事,无须这些人直接受其掌控,也无须他亲自监督。此外,先知(愿主赐福他并使他平安)通常亲自负责军队的实际指挥和战斗中的领导工作,同时也会任命指挥官统领出征的分队,使他们在他不在场时独立作战。他(愿主赐福他并使他平安)每次远征都会任命一名指挥官,有时还会谨慎地预先指定一人,在指挥官阵亡时接替其职,穆塔战役便是如此。布哈里记载,阿卜杜拉·本·欧麦尔(愿真主喜悦他们)说:
As for non-leadership positions in the technical, administrative or other matters, the Khalifah may appoint others to act independently on his behalf in the same manner as the governors, and it is not necessary for them to be under his direct control or for him to supervise them. Additionally, the Messenger (pbuh) used to personally undertake the practical leadership of the Army and the leadership during the battles, and would appoint commanders over sections of the Army that would go out for battle expeditions without him. He (pbuh) used to appoint a commander for each expedition, and sometimes would take the precaution of appointing someone else to succeed them if they were killed, as happened with the battle of Mu’tah. Al-Bukhari reported from ’Abd Allah b. Umar (ra) who said:
. إِنْ فِي غَزْوَةِ مُؤْتَةَ زَيْدَ بْنَ حَارِثَةَ فَ قَالَ رَسُولُ اللَّهِ أَمَّرَ رَسُولُ اللَّهِ « » قُتِلَ زَيْدٌ فَجَعْفَرٌ وَإِنْ قُتِلَ جَعْفَرٌ فَ عَبْدُ اللَّهِ بْنُ رَوَاحَة .
. إِنْ فِي غَزْوَةِ مُؤْتَةَ زَيْدَ بْنَ حَارِثَةَ فَ قَالَ رَسُولُ اللَّهِ أَمَّرَ رَسُولُ اللَّهِ « » قُتِلَ زَيْدٌ فَجَعْفَرٌ وَإِنْ قُتِلَ جَعْفَرٌ فَ عَبْدُ اللَّهِ بْنُ رَوَاحَة .
“使者 ﷺ 任命栽德·本·哈里thah 为穆塔远征的指挥官。他说:‘如果栽德阵亡,则由贾法尔·本·艾布·塔利卜接过旗帜;如果贾法尔也阵亡,则由阿卜杜拉·本·拉瓦哈接过。’因此,哈里发负责任命军队的总指挥官,任命旅长并授予他们军旗,同时任命各师的指挥官。被派往沙姆的军队,如穆塔远征军和乌萨玛军,都是一个旅。其证据是先知 ﷺ 亲自为乌萨玛系上了旗帜。那些在阿拉伯半岛作战后返回麦地那的远征,例如萨阿德·本·艾布·瓦卡斯向麦加方向派出的远征,都是以师的形式组成的。这表明旅长和师指挥官是由哈里发任命的。有确凿证据表明,先知 ﷺ 只任命过军队的指挥官和远征的指挥者,而战场上的其他任命则交由这些指挥官自行决定。”
“The Messenger of Allah (pbuh) appointed Zaid Bin Haritha a leader in Mu’tah expedition. He said: if Zaid is killed, then Ja’far Bin Abi Talib takes the flag, and if Ja’far is killed, then ’Abdullah Bin Rawahah takes it”. Therefore, the Khalifah is the one who appoints the commander of the Army, appoints the brigadiers and gives them the banners and appoints the leaders of the divisions. The Army which was sent to Al-Sham like the Army of Mu’tah and the Army of Usamah was a single brigade, with the evidence being that the Prophet (phuh) had tied the banner for Usamah. The expeditions that fought in the Arabian Peninsula and returned back to Madinah, such as the expedition of Sa’d Bin Waqqas which he sent towards Makkah, were all in the form of divisions. This indicates that the brigadiers and the commanders of the divisions are appointed by the Khalifah. It is not confirmed that the Prophet (phuh) appointed anyone other than leaders of the Armies and the commanders of the expeditions, which indicates that their appointment in the battlefield was left to their leaders.
关于负责技术事务的参谋长,他与陆军总司令相似,同样由国家元首任命,并且可以使其独立履行职责,而无需哈里发直接监督,尽管他仍须服从哈里发的领导。
With regards to the Chief of Staff who is responsible for the technical matters, he is similar to the Commander of the Army in terms of being appointed by the Head of State and he can be made independent and carry out his duties without being directly supervised by the Khalifah, although he has to be under his command.