6.4.1 委托助理
6.4.1 Delegated Assistant
授权助手(Mu‘awin Tafweedh)由哈里发任命,以协助他治理国家。这一任命的依据来自先知(愿主福安之)的圣训:“我在人们中的两位大臣(wazirs)是艾布·伯克尔和欧麦尔。”(提尔米兹圣训集)
The delegated assistants (Mu‘awin Tafweedh) are appointed by the Khaleefah to assist him in ruling the State. The evidence for this appointment is derived from the hadith of the Prophet (saw) in which he said, “My two ministers (wazirs) from the people are Abu Bakr and ‘Umar.” (Tirmidhi).
另一方面,伊斯兰允许这些大臣超越某一特定职能。先知ﷺ所任命的大臣并非专职,也没有被限定于某一特定职能。因此,为了不与西方的"部长"(minister)概念相混淆,更适宜使用"穆阿温"(Mu‘awin,助手)一词来代替"大臣"。
Islam, on the other hand, allows these ministers to go beyond a specific function. The ministers whom the Prophet (saw) appointed were not specialised or assigned restrictively to a specific function. It is therefore preferable to use the word Mu‘awin (assistant) instead of ministers, so as not to confuse it with the Western terminology of minister.
代理助手(Wazir Tafwidh,授权辅政大臣)是哈里发将一切事务以一般授权的方式委托其处理的人。在任命代理助手时,哈里发必须在合同中同时注明一般统治权以及其为助手这两个方面,因为若只任命其一个方面,就会限制其作为辅助者(Mu‘awin)的职能。
The delegated assistant is one whom the Khaleefah delegates to perform all functions in the way of general delegations. In the appointment of the Delegated assistant it is necessary for the Khaleefah to cite both the aspects of general ruling and being his assistant in the contract, because appointing him in only one aspect restricts his function as a Mu‘awin.
这正是当年阿布·伯克尔任命欧麦尔为其助手,欧麦尔以奥斯曼和阿里为助手,奥斯曼以麦尔万·本·哈凯姆和阿里为助手时的情况。这些受委托的助手对哈里发负责,并向哈里发报告他们所处理的事务。
Such was the case when Abu Bakr appointed ‘Umar as his assistant, and when ‘Umar took ‘Uthman and ‘Ali as his assistants, and when ‘Uthman took Marwan ibn al-Hakam and ‘Ali as his assistants. These delegated assistants are responsible to the Khaleefah and they inform the Khaleefah of the matters surrounding them.
因此,受委托的助手在治理国家方面负有一般性的职责,并且必须由哈里发为这一一般性职责而任命。他们就自己的行为向哈里发负责,哈里发必须审查这些受委托助手的授权行为和处理事务。我们必须记住,统治的契约仅存在于乌玛与哈里发之间。最终对在民众中正确实施伊斯兰负责的,正是哈里发。
The delegated assistants, therefore, have a general responsibility in ruling the State and must be appointed by the Khaleefah for this general responsibility. They are responsible to the Khaleefah for their actions and the Khaleefah must examine the delegated actions and disposals of these delegated assistants. We must remember that the contract for ruling is between the Ummah and the Khaleefah alone. It is the Khaleefah who is finally responsible for the proper implementation of Islam on the people.