6.4 哈里发的授权助手与执行助手
6.4 The Delegated and Executive Assistants to the Khaleefah
效忠宣誓(Bay‘ah)的程序
The Process of Bay‘ah
哈里发的设立方式是通过效忠(bay‘ah)的程序。统治的权力由乌玛赋予哈里发。主权属于乌玛,乌玛委托哈里发来施行沙里亚。这通过哈里发与乌玛之间的契约来完成。只要哈里发在他们身上实施伊斯兰,乌玛就必须服从。
The method of installing the Khaleefah is through the process of bay‘ah. The power to rule by Islam is given by the Ummah to the Khaleefah. Authority belongs to the Ummah and it deputises the Khaleefah to enact the Shari‘ah. This is done through a contract between the Khaleefah and the Ummah. The Ummah must obey as long as the Khaleefah implements Islam on them.
bay‘ah(效忠宣誓)的程序可以在伊斯兰国所有穆斯林进行的一次全民投票之后进行,也可以在ahl al halli wal ‘aqd(有影响力和权威的人士)之间的投票之后进行。投票仅仅是确定乌玛选择的一种手段,它并不能取代bay‘ah。非穆斯林、儿童以及居住在国家之外的穆斯林没有投票权。如果伊斯兰国所有穆斯林都参与投票,那么被选出的人将获得bay‘ah al-in‘iqad(确立宣誓,据此他成为哈里发)。然而,如果投票是通过代表进行的,那么首先由代表给予bay‘ah al-in‘iqad,之后乌玛再向当选者给予第二次bay‘ah al-ta‘aa(服从宣誓)。乌玛对当选哈里发的沉默可以被视为服从的bay‘ah。正是通过这一bay‘ah的程序,一个人才获得哈里发的职位。哈里发职位的候选人,除了自荐之外,也可以由Majlis al-Ummah(乌玛议会)推举产生。乌玛正是从这些候选人中为自己选出统治者。
The process of bay‘ah may occur after a general vote given by all the Muslims of the Islamic State or it may occur after a vote among the ahl al halli wal ‘aqd (people of influence and authority). Voting is merely a means to determine the choice of the Ummah, it does not substitute the bay‘ah. Non-Muslims, children, and Muslims residing out of the State do not have the right to vote. If all the Muslims of the Islamic State are voting then the bay‘ah al-in‘iqad (pledge of acceptance, by which he becomes Khaleefah) is given to the man elected. However, if the vote occurs through the representatives, then a bay‘ah al-in‘iqad is first given by the representatives, after which a second bay‘ah al-ta‘aa (pledge of obedience) is given by the Ummah to the person elected. The silence of the Ummah over the elected Khaleefah can be considered as the bay‘ah of obedience. It is through this bay‘ah process that a person attains his position as Khaleefah. The candidates for the position of Khaleefah may, in addition to self nomination, be chosen by the Majlis al-Ummah. It is from these candidates that the Ummah chooses for itself a ruler.
一旦任命完成,乌玛便无权罢免哈里发,只要他坚持沙里亚并满足担任哈里发的条件。由于乌玛与哈里发之间的契约,是哈里发以伊斯兰治理他们,因此只要哈里发履行其在契约中的义务,乌玛便无权解除该契约。因此,哈里发没有任期。只要他能够维护该契约,或直至他提出辞职,他都将继续担任国家元首。
Once the appointment is made, the Ummah then has no right to dismiss the Khaleefah, as long as he upholds the Shari‘ah and fulfils the conditions to be a Khaleefah. Since the contract made between the Ummah and the Khaleefah is for the Khaleefah to rule upon them with Islam, the Ummah has no right to dissolve the contract, as long as he maintains his part of the contract. Therefore, a Khaleefah has no term of office. He remains the head of State, as long as he is able to uphold the contract or until he tenders his resignation.
另一方面,哈里发出于以下伊斯兰教的理由可以被罢免:
On the other hand, a Khaleefah may be dismissed for the following Islamic reasons:
如果他背教(即成为非穆斯林)。
If he becomes an apostate (i.e. becomes a non-Muslim).
如果他忽视礼拜,并建议别人也这样做。
If he neglects the prayers and proposes for others to do the same.
如果他身体上无法胜任合同中规定的职责,例如失明、失去双手、双腿等;但失去一只耳朵、鼻子或性器官并不影响他履行职责。
If he becomes physically incompetent to handle the duties assigned to him in his contract, such as losing sight, hands, both legs, etc. However, losing one ear or his nose or his sexual organs does not impair his ability to perform his duties.
如果他坚持放荡和不道德的行为(fisq),在公共行为中不公正,并且忽视伊斯兰律法。
If he persists in debauchery and immoral behaviour (fisq), injustice in public behaviour, and negligence of the Islamic laws.
如果他变性,因为女性不被允许担任统治职位。
If he changes his sex, since women are not allowed to assume positions of ruling.
如果他成为俘虏,落入异教徒(kuffar)手中,使他无法对国家的公民执行其裁决,也无法自由地维持国家的运作,并且没有任何返回的可能,
If he becomes a captive, under the kuffar, from where he cannot enforce his rulings upon the citizens of the State and freely maintain the operation of the State in addition to the absence of any possibility for his return.
如果另一个人在他的主张上占据主导,而哈里发在治理国家的过程中无法施展自己的见解,那么,此时的情形就是另一个人在实际治理国家,而哈里发则沦为象征性的存在。
If another person dominates him in his opinions and the Khaleefah is unable to exert his own opinion in the process of running the State. Here, the case would be that a second person is running the State, while the Khaleefah becomes symbolic.
在这些情况下,案件都会提交到伊斯兰国最高的法院,即"麦兹阿利姆法院"(Madhaalim,处理不公正行为的法院,国家受到的申诉在此受理)。该法院当然依照《古兰经》和逊奈进行裁决。麦兹阿利姆法院作出的裁决对双方都具有约束力。
In each of these situations, the case is brought to the highest court of the Islamic State i.e., the Court of Madhaalim (unjust acts, where complaints against the State are raised). The court arbitrates, of course, according to the Qur’an and Sunnah. The decision made by the Court of Madhaalim is binding on both parties.