第18条 宪法:授权助理(Mu'awin ut-TafweeD)
18 Constitution: DELEGATED ASSISTANT mu’awin ut-tafweeD
第四十一条
Article 41.
哈里发任命一名助手,授权其协助自己承担治理的责任。哈里发委托他依据自己的见解和独立判断(ijtihad)来处理事务。
The Khaleefah appoints an assistant delegated with the authority to assist him in undertaking the responsibility of ruling. He deputises to him to manage affairs with his own point of view and ijtihad.
第42条
Article 42.
受托的助手必须具备与哈里发相同的基本条件,即:男性、自由人、穆斯林、成年、神智健全,并且是可信赖的('adl)。此外,他还必须胜任所被委派的各项职责。
The delegated assistant must be qualified with the same essential qualifications of the Khaleefah, viz., male, free, Muslim mature, sane, and 'adl (trustworthy). Additionally he must be competent in the tasks for which he is deputised to undertake.
第43条
Article 43.
任命受委托的助手必须同时包含授权与全面的职责。因此,在任命助手时,哈里发必须作出类似这样的声明:"我代表我任命你为我的代理人",或任何其他同时赋予授权与全面职责的表述。除非以这种方式任命,受委托的助手既不算是受委托的助手,也不享有受委托助手的权力。
The appointment of the delegated assistant must entail both deputation and a general responsibility. Thus, in the appointment of the assistant, the Khaleefah must pronounce a statement to the effect of "I appoint you on my behalf as my deputy" or any other statement that confers both deputation and general responsibility. Unless the delegated assistant is appointed in this manner he would not be a delegated assistant nor hold the authority of a delegated assistant.
第44条
Article 44.
为了区分受委托的辅助官员与哈里发在权力上的差别,受委托辅助官员的职能是向哈里发汇报他所管理的事务,以及他所执行的任命和受托职责。因此,受委托辅助官员的职能是把他的分析结果告知哈里发,除非哈里发阻止,他便负责执行。
The function of the delegated assistant, so as to distinguish between him and the Khaleefah in his authority, is to inform the Khaleefah of the matters he has managed and the appointments and delegated duties he has implemented. Therefore, the function of the delegated assistant is to inform the Khaleefah of his analysis and, unless the Khaleefah prevents him, to carry it out.
第四十五条
Article 45.
哈里发必须审查受委任的助手的行为与品行,以确认其中正确的部分,并纠正其中错误的部分。这是因为穆斯林共同体(ummah)的事务托付给了哈里发,并取决于他自己的伊杰提哈德(ijtihad)。
The Khaleefah has to examine the actions and dispositions of the delegated assistant so as to confirm what is sound and to adjust that which is wrong. This is because the management of the ummah's affairs is entrusted to the Khaleefah and subject to his own ijtihad.
第46条
Article 46.
一旦授权助理在哈里发同意下处理某事,他依法有权执行,这是得到承认的,且执行时不得有任何更改。若哈里发修订该事,并反对授权助理已执行的内容,则适用以下考虑: 若哈里发反对的是授权助理在一项正确实施的律法或一笔正当支出的资金上所作的执行,则必须执行授权助理的见解。这是因为该见解本来就是哈里发的见解,而哈里发不得推翻他已实施的律法和已支出的资金。 然而,若授权助理所执行的是其他事项,例如任命总督(wali)或装备军队,则哈里发有权反对并推翻授权助理的决定。这是因为在这类事务中,哈里发有权修正自己的决定,因而也有权修正授权助理的决定。
Once the delegated assistant has managed a matter with the agreement of the Khaleefah, he has the right to carry it out - as acknowledged - without any alteration. If the Khaleefah revises the matter and objects to what the delegated assistant has executed, the following considerations apply: If the Khaleefah has objected to what the delegated assistant has carried out in regard to a rule implemented soundly, or a fund spent justly, then the view of the delegated assistant must be enacted. This is because it is originally the view of the Khaleefah and the Khaleefah must not redress laws that he has implemented and funds that he has spent. However if the delegated assistant has implemented something else, such as the appointment of a wali or the equipping of the army, then the Khaleefah has the right to object and to overrule the decision of the delegated assistant. This is because the Khaleefah has the right to redress his own decisions in such cases and hence those of the delegated assistant.
第47条。
Article 47.
受托的代理人拥有一般性的委托权,因此不得被指定负责特定部门或特定类型的事务。他负责对行政体系进行总体监督,但不承担具体的行政事务。
The delegated assistant has a general deputation and therefore he must not be assigned to specific departments or specific types of action. He undertakes general supervision of the administrative system but not undertakes administrative matters.