13.7 乌玛议会的强制性权力
13.7 The mandatory powers of the Ummah’s council
1. 乌玛议会拥有以下强制性权力,包括:
1. The Council of the Ummah has the following mandatory powers and they are: .
(a):哈里发必须与议会协商,议会有权就国内政策事务中那些不需要深入思考和审议的实际事项和行动向他提出建议,例如提供必要的服务,以使民众在治理、教育、卫生、经济、贸易、工业、农业等方面过上安定的生活。此外,还包括加强各城市的防御、保障其安全,以及消除敌人对他们的威胁。议会在这些事务上的意见对哈里发具有约束力,即执行多数人的意见。
(a): The Khalifah has to consult the Council and the Council has the right to advise him in the practical matters and actions related to discharging the affairs of the domestic policy that do not require profound thought and scrutiny such as provision of the necessary services so as to enjoy the tranquillity in life in terms of the matters of ruling, education, health, economy, trading, industry, farming and the like. In addition, strengthening the defences of their cities, saving their security and driving the danger of their enemy. The opinion of the Council in these matters is binding to the Khalifah, i.e. the opinion of the majority is executed. .
(b)在那些需要深入思考和审慎研究的学术性事务中,例如揭示事实或作出战争决定,以及需要经验、信息和知识的事务,例如制定军事计划和所有技术性与实务性事务,这些事务都应向专家求取意见,而不是以多数人的意见为准。与此类似的还有财政、军队和外交政策,哈里发有权依据其意见和伊贾提哈德,并以沙里亚的律例为基础作出决定,这些事务不属于议会的强制性职权范围。哈里发有权向议会征询意见,以了解其看法;但在这些事务上,议会的意见对哈里发没有约束力。
(b): In the intellectual matters that require profound thought and scrutiny, such as revealing the facts or taking the decision of war, the matters that require experience, information and knowledge, like putting military plans and all the technical and practical matters. All of such matters are taken from the specialists and not by majority. Similar to that are the finance, the army and foreign policy, which the Khalifah has the right to decide in accordance with his opinion and ijtihad, based on the ahkam shariah, and they are not within the mandatory powers of the council. The Khalifah has the right to refer to the Council for consultation and to acquaint himself with its opinion; however the opinion of the Council is not binding in these matters. .
关于立法,不征求议会的意见;法律实际上取自安拉的经典、祂的使者的圣行,以及他们所暗示的圣门弟子的公议(ijmaa'us-sahabah)和神圣的类比推理(qiyas),并通过有效的伊智提哈德(ijtihad)推导得出。采纳沙里亚的律例和颁布法律,即应以此方式进行。哈里发有权将他想要采纳的法律和规则提交议会。议会中的穆斯林成员有权就这些规则展开辩论,并对其发表意见。然而,如果他们在推导或论据的有效性上与哈里发意见不一,或者在国家所采用的从神圣根基(usool)中推导律例的方法上存在分歧,那么该问题将交由申诉法院(mahkamat ul-mathalim)裁决,其在此事上的判决具有约束力。
2. The opinion of the council is not sought regarding legislation; the legislation is rather taken from the Book of Allah, the Sunnah of His Messenger and from what they alluded to in terms of ijmaa'us-sahabah and the divine qiyas, through valid ijtihad. The adoption of the ahkam shariah and enacting of laws would take place in this way. The Khalifah has the right to refer to the Council the laws and rules which he wants to adopt. The Muslim members of the Council have the right to debate them and voice their opinions regarding those rules. However, if they disagreed with the Khalifah regarding the validity of their deduction or their evidence, in terms of their disagreement with the method of adoption from the divine foundations (usool) adopted in the State, then the decision will refer to mahkamat ul-mathalim, and its verdict in this matter is binding. .
3. 伊斯兰民族议会(Majlis al-Ummah)有权就国家内部实际发生的一切事务追究哈里发的责任,无论这些事务涉及内政、外交、财政还是军事。若在这些事务上多数意见具有约束力,则议会的意见具有约束力;若多数意见在这些事务上不具有约束力,则议会的意见同样不具约束力。
3. The Council of the Ummah reserves the right to hold the Khalifah accountable on all matters that take place effectively within the State, whether these were related to home affairs, foreign affairs, financial affairs or military matters. The opinion of the Council is binding if the majority's opinion in such matters is binding, and it is not binding if the majority's opinion in such matters is not binding. .
如果议会与哈里发对某项已经执行的行为是否合法存在分歧,则应将此事交由玛宰俑法庭(Mazalim)裁决以解决争议。该法庭的裁决具有约束力。
If the Council and the Khalifah differed about the legitimacy of an action that had been already executed the matter should be referred to the court of Mazalim to settle the question. Its verdict on the matter is binding. .
4. 民众议会保留对助手、瓦利(Walis)或阿米尔(amils)表示不满的权利。在此情形下,其意见具有约束力,哈里发应立即罢免他们。如果民众议会关于瓦利和阿米尔的满意与不满意的意见,与相关省(wilayah)议会的意见不一致,则以省议会的意见为优先。
4. The Council of the Ummah reserves the right to express discontent towards the assistants, Walis or the amils. Its opinion in such a case would be binding and the Khalifah should dismiss them at once. If the opinion of the council of the Ummah differed from the opinion of the council of the concerned wilayah regarding content and discontent of the walis and amils, the opinion of the council of the wilayah has the priority. .
5. 议会中的穆斯林成员有权将哈里发候选人的提名范围限定在由米兹拉姆法庭(mahkamat ul-Mazalim)裁定符合契约条件的人选之中,无论限定为两名还是六名候选人,这一点在哈里发选举的主题下已有说明。他们在此事上的意见具有约束力,因此,议会所确定名单之外的其他候选人不应被考虑。
5. The Muslim members of the Council have the right to restrict the nomination of candidates for the Khilafah from amongst those decided by mahkamat ul- Mazalim to fulfilling the contractual conditions, whether they were restricted to two or six nominees, as it is explained under the subject of the Khalifah's election. Their opinion in such a matter is binding, and candidates other than those shortlisted by the Council should accordingly not be considered. .
以下是乌玛议会的强制性职权。这些强制性职权的依据如下:
These are the mandatory powers of the Council of the Ummah. The evidences to these mandatory powers are as follows:.
(a) 关于乌玛议会就不需要研究与审议的实际行动和事务所作的决定具有约束力,其证据来自于:在乌候德战役中,先知穆罕默德ﷺ遵从了多数人的意见,出城迎战多神教徒的军队,尽管先知ﷺ和圣门弟子们原本的意见是留守麦地那、不出城迎敌。
The first point, (a): The evidence to the fact that the opinion of the council of the Ummah regarding the practical actions and matters, which do not require study and scrutiny is binding, is deduced from the Messenger of Allah's (PBUH) compliance with the opinion of the majority in going out of Madinah to meet the army of the mushriks in the battle of Uhud. This is despite the opinion of the Messenger of Allah (PBUH) and the Sahabah to stay in Madinah and not to go out of it. .
这也取自他(愿主赐他平安)对艾卜·伯克尔和欧麦尔(愿主喜悦他们)所说的话:ﷺ
It is also taken from His (PBUH) saying to Abu Bakr and ‘Umar (ra): .
"如果你们在一件需要商议的事情上达成了一致,我是不会与你们相左的。"
"Had you agreed together on a consulted matter I would not have disagreed with you." .
因此,对于那些引向行动的意见所涉及的实际事务——包括为民众提供保障其生活的服务,维护其安全,加强其防御并驱除其所面临的危险——在这一切问题上,议会多数人的意见对哈里发具有约束力,即便它与他的意愿相左。先知ﷺ出战乌侯德时,依从多数人的意见出城,便是这样的先例。
Therefore, the practical matters related to the opinion leading to an action, in terms of providing the services to the citizens for reassuring their life, and in terms of maintaining their security, strengthening their defences and driving danger away from them; the majority opinion of the council in all of these issues is binding upon the Khalifah even if it disagreed with his wish, which happened with the Messenger of Allah (PBUH) going out to Uhud in compliance with the opinion of the majority. .
首先(b)点:原则上,哈里发在本节所涉事务上应征求学者、专家和行家的意见。这与先知ﷺ的做法一致:在选择白德尔战役地点时,他ﷺ采纳了哈巴卜·本·蒙齐尔的意见。伊本·希沙姆的《先知传》中有记载:“当真主的使者ﷺ在白德尔水源靠近我方的一侧扎营时,哈巴卜·本·蒙齐尔对此地并不满意。他对真主的使者ﷺ说:‘真主的使者啊!这个地方是真主让您驻扎的,我们不能擅自离开,还是这只是出于意见、战争和谋略?’他ﷺ说:‘这只是出于意见、战争和谋略。’哈巴卜·本·蒙齐尔说:‘真主的使者啊,这个地方不合适。请带领众人移到靠近敌人的水源一侧,我们在那里扎营,然后把另一侧的水放掉,在上面筑一个蓄水池,并注满水。然后我们与敌人作战,我们可以饮水,而他们却不能。’真主的使者ﷺ说:‘你的意见是对的。’于是真主的使者ﷺ和穆斯林们起身前行,直到到达靠近敌人的水源一侧,并在那里扎营。”
The first point (b): In principle, the Khalifah takes the opinion of the scholars and the experts and the specialists regarding the matters of this section. This is in accordance with what happened with the Messenger of Allah ( PBUH) when he took the opinion of Al-Habab b. Al-Mundhir in selecting the location of the battle of Badr. It was reported in the Sirah of ibn Hisham: “When the Messenger (PBUH) camped at the nearest side of the water of Badr, Al-Habbab ibn Al-Mundhir was not content with that site. He said to the Messenger: “O Messenger of Allah! Did Allah make you camp in this place where we can’t depart from it, or is it the opinion, war and strategy?” He (PBUH) said: “It is rather the opinion, war and strategy”. Al-Habbab b. Al-Mundhir said: “O Messenger of Allah, this is not the (right) place. Move the people till we come to the side of the water near to the people (enemy), we camp there, then we seep away the water from the other part, we build a basin on top of it, we fill it with water. Then we fight against the people where we drink and they do not”. The Messenger of Allah (PBUH) said: “You gave the (right) opinion”. So the Messenger of Allah (PBUH) and the Muslims stood up and walked till they reached the near side of the water from the enemy and camped there. .
然后他(愿主福安之)下令把水渗干,于是照办了。
Then He (PBUH) ordered that the water be seeped away which was done. .
他(ﷺ)在渗水的井上方修建了一个蓄水池,把水注满,并将他们的水罐投入其中。”于是,安拉的使者(ﷺ)赞同了阿勒-哈巴卜的意见,并采纳了它。
He (PBUH) built a basin on top of the seeped wells, filled it with water and threw in their (water) pots.” So the Messenger of Allah ( PBUH) agreed with the opinion of al-Habab and followed it. .
在这件事情上,关乎意见、战争与策略,民众的看法在作出决定时没有分量,而是以专家的意见为准。与此类似的还有技术性事务,以及需要研究和审慎考察的思想问题,以及各种定义。在所有这些事务中,应当求教于专家和专业人士,而不是普通民众的意见。在这类事务中,多数人的意见并无分量,真正有分量的是学识、经验和专业素养。
In this incident, which has to do with the opinion, war and strategy, the views of the people have no weight in taking the decision. Rather the view of the expert is what is considered. Similar to this are the technical matters and the thoughts which require study and scrutiny, together with the definitions. In all such matters, reference is made to the experts and specialists, rather than to the ordinary people's opinion. There is no weight in such matters to the majority, but rather to the knowledge, experience and specialisation. .
这同样适用于财政事务,因为伊斯兰教法已经规定了必须征收的财源种类,以及这些财政收入应当用于哪些方面(支出)。伊斯兰教法还规定了征收赋税的情形,因此在财政的征收与分配上寻求民众的意见毫无意义。军队也是如此,伊斯兰教法将管理军队事务的权利交给哈里发,并规定了圣战的规则。对于伊斯兰教法已经决定的事项,民众的意见没有任何效力。这也适用于国家与其他国家的关系,因为这属于需要研究和深刻洞察的思想范畴,并且与圣战相关。此外,它还属于见解、战争和谋略的范畴。因此,无论多数还是少数,在这一问题上民众的意见都毫无意义。然而,哈里发可以将这些事务提交给乌玛议会,征求其协商与意见,因为这种提交属于允许的(Mubah)行为,而议会在这些事务上的意见并不具有约束力,正如白德尔战役的事例所示。决定权仍应交由负责之人。为了区分(a)和(b)两点之间的差别,我们说:
This also applies to the financial matters, because the Sharia has determined the types of funds which must be collected, and the areas over which they need to be allocated (spent). The Sharia has also determined the cases when taxes are imposed; therefore there is no point in seeking the opinion of the people in the collection and allocation of the funds. Similar to this is the army, the Sharia has left to the Khalifah the right of managing the army’s affairs, and it determined the rules of Jihad. There is no validity in the opinion of the people over matters decided by the Sharia. This also applies to the relationship of the State with other States, because this is of the thought that requires study and deep insight and is related to Jihad. Furthermore it is a part of the opinion, war and strategy. Therefore, there is no point in the opinion of the people in this matter whether it is the majority or minority. However the Khalifah is allowed to present these matters to the Council of the Ummah for its consultation and opinion, because such presentation is of the Mubah, and the opinion of the Council in these matters is not binding as in the incident of Badr. Rather the decision is entrusted with the concerned person.. To distinguish the difference between points (a) and (b), we say: .
为了决定在河上建桥以服务于一个在交通等方面几乎与外界隔绝的村庄的利益,那么议会对此事的多数意见对哈里发建桥以解决该村交通问题具有约束力。至于确定建桥的合适技术位置,以及桥梁的最佳工程设计,即应当建造悬索桥还是立于河中桥墩之上等问题,则应咨询专家和专业人士,而不是依据议会的多数意见。
For deciding the building of a bridge over a river to serve the interests of the people in a village, almost isolated in terms of communications and the like, then the majority opinion of the council on this matter is binding to the Khalifah in building the bridge to solve the communications problem of the village. As for deciding the right technical location for building the bridge, and the best engineering design of the bridge, whether it should be a suspension bridge or standing over pillars in the river etc; the experts and specialized people are consulted in such matters, rather than the majority opinion of the council. .
同样,为村庄的孩子建造学校——村里的孩子很难到城镇的学校上学——关于此事,伊斯兰民众议会(Ummah)多数人的意见对哈里发具有约束力。至于学校在村庄中的选址(包括适合设计的土壤承载力)以及建筑风格,以及该地块是国家所有的、是建造的、购买的还是租赁的,这些事项需咨询专家和专业人士;此类事项不以议会的多数意见为准。哈里发可以就此与议会协商,但议会的意见对其没有约束力。至于位于边境、面临敌人威胁的地区,则在保卫村庄的设防、驱除敌人对它的威胁、防止其在遭到敌人侵袭后遭受杀戮和驱逐方面,议会多数人的意见具有约束力。然而,修建此类防御工事的方法,以及用于驱除威胁所使用的任何作战手段,则需要咨询专家和专业人士,而非以议会的多数意见为准。
Likewise, building a school for the children of a village, where its children find great difficulty in reaching the schools in the towns, the majority opinion of the council of the Ummah on this matter is binding to the Khalifah. In regards to the choice of the location of the school in the village in terms of the soil strength suitable for design, as well as the style of its building, whether is possessed by the State, i.e. it is built, bought or leased, in such matters the experts and specialised people are consulted; and the majority opinion of the council is not sought, though the Khalifah is allowed to consult with them over the matter, but their opinion is not binding.. As regarding a country at the frontiers, defying the danger of an enemy, then the majority opinion of the council of the Ummah is binding in terms of the village's fortification and driving the danger of the enemy away from it, and preventing its exposure to killing and expulsion after any aggression from the enemy. However, the method of building such fortifications and any fighting means used to drive the danger away from it; such things need the consultation of the experts and specialized people, rather than the majority opinion of the council. .
第二点:立法权唯独属于安拉。安拉(SWT)说:
The second point: Legislation belongs to Allah alone. Allah (S.W.T) says: .
"真的,裁决只属于安拉。"[TMQ 12: 40]。"不然!以你的主起誓,他们在彼此的争执中,若不让你来裁决,并且在内心中对你所裁决的不感到任何不满,并完全顺服地接受,他们就不是真正的信士。"[TMQ 4: 65]。
"Verily, the decision rests with Allah only." [TMQ 12: 40]. "But nay, by your Lord, they will not be true believers until they make you judge of what is in dispute between them, and find within themselves no dislike of that which you decided and submit with full submission." [TMQ 4: 65] .
在解释使者(PBUH)对于他(S.W.T)所说的经文时: Note: The source text here ends mid-sentence with a quoted verse that was not included. Translated as provided.
In the explanation of the Messenger (PBUH) to His (S.W.T) saying: .
“他们除了真主之外,把他们的学者和修士奉为主宰”(古兰经 9:31)。
"They have taken as lords beside Allah their rabbis and their monks", [TMQ 9:31] .
阿迪·本·哈提姆传述:他说:
Al-Tirmidhi reported through ‘Adi ibn Hatim, he said: .
我来到先知(愿主福安之)面前,脖子上戴着一个金十字架。他说:"阿迪啊!把这个偶像扔掉。"我听见他诵读《忏悔章》中的这句经文:"他们以自己的学者和僧侣为主,舍真主而崇拜他们"(9:31)。他说:"他们并没有崇拜他们;但当他们被允许某事时,就视之为合法,当他们被禁止某事时,就视之为非法。"[提尔米兹,《逊南》,#3095]
"I came to the Prophet (PBUH) while wearing a cross of gold in my neck. He said: O Adiy! Throw out this idol. And I heard him reading in surah of Bara’ah: 'They have taken as lords beside Allah their rabbis and their monks' (9: 31). He said: they did not worship them; but when they were permitted something they took it as halal and when they were prohibited something they forbade it". [Tirmidhi, Sunan, #3095] .
因此,立法并不取自议会的意见,也不取自共识或多数表决。立法乃是取自安拉的经典和祂的使者的sunnah,以及经由有效的ijtihad从二者所指示的内容中推出。
Therefore, legislation is not taken from the opinion of the council, neither by consensus or majority. It is rather taken from the Book of Allah and the Sunnah of His Messenger, and from that which is indicated by them through valid ijtihad. .
因此,使者(愿主赐他平安)拒绝了许多穆斯林对侯代比亚和约的意见,并说:"我是真主的仆人和使者,永远不会违背他的命令。"
Thus, the Messenger (PBUH) refused the opinion of many Muslims regarding the Hudaybiyah peace treaty, and said: "I am the servant of Allah and His Messenger, and will never disobey his order." .
这是因为这份和平是来自真主(S.W.T)的启示;
This is because the peace was a revelation from Allah (S.W.T); .
因此,立法不征求民众的意见。基于此,采纳伊斯兰教法的律例、颁布法律以及采用规则和条例,唯有哈里发拥有强制性的权力,如前所述。然而,哈里发可以将他希望采纳的伊斯兰教法律例和条例提交给乌玛议会,以探求其意见。这如同欧麦尔·本·哈塔卜(愿真主喜悦之)就神圣律例征询穆斯林意见时所做的那样,圣门弟子对此并无异议。例如伊拉克被征服之地的事件中,穆斯林请求他将土地分给征服这些土地的战士。于是欧麦尔向众人征询意见,但他最终的决定是让土地仍归原主所有,条件是他们须缴纳约定的哈拉只税,并为其人身缴纳吉兹亚。欧麦尔以及在他之前的艾布·伯克尔就神圣律例征询圣门弟子的意见,而圣门弟子对此并无反对,这表明了他们的一致同意(伊吉玛尔)。这证明哈里发有权这样做。 至于诉诸米扎立姆法院(Mahkamat al-Mazalim)的情形:如果哈里发与乌玛议会在这些条例的推导是否有效,或其证据,或国家所采用的渊源(usool)的采纳条件方面存在分歧,那么米扎立姆法官的职权是审查哈里发所采纳的律例,看其是否有神圣的证据,以及该证据是否适用于具体事件。因此,如果哈里发与议会(即议会多数)在其所采纳的律例是否为有效的沙里亚律例上存在分歧,则此争议由米扎立姆法官裁决,因为这属于他的专属职权;而米扎立姆法院的裁决具有约束力。
therefore the opinion of the people is not sought regarding legislation. Based on that, the adoption of the ahkam shariah, enacting of laws and the adoption of the rules and cannons are of the mandatory powers of the Khalifah alone as explained before. However, it is allowed for the Khalifah to submit to the council of the Ummah whatever he wants to adopt of ahkam shariah and cannons so as to find out its opinion regarding it. This is like what ‘Umar b. Al- Khattab (ra) did when he referred to the Muslims over the divine rules, which the Sahabah did not object to, as in the incident of the conquered lands of Iraq, when the Muslims asked him to divide the lands amongst the fighters who opened them. So ‘Umar asked the people, but his opinion settled on keeping the land with its landlords on condition that they pay a known Kharaj over it in addition to paying the Jizya over their persons. The reference of ‘Umar and Abu Bakr before him to the Sahabah for their opinion over the divine rules without an objection from the Sahabah to this indicates their Ijma’. This serves as evidence that the Khalifah has the right to do that.. With regard to reference to the mahkamat al-Mazalim in case the Khalifah differed with the council of the Ummah regarding the validity of the deduction of these cannons, or regarding their evidences or terms of the adoption from the sources (usool) adopted by the State. In this case the authority of Mathalim judge is to examine the hukm adopted by the Khalifah, whether it has divine evidence and whether the evidence applies to the incident. Therefore, if the Khalifah differed with the council (i.e. the majority of the council) over the hukm which the Khalifah adopted in terms of being a valid hukm shar’i or not, then this dispute is settled by the judge of Mazalim, because it is of his speciality; and the opinion of mahkamat ul-mathalim is binding. .
非穆斯林的议会成员无权审查哈里发意欲采纳的律例(أحكام)和法规(قوانين)。这是因为他们不信仰伊斯兰教,并且他们的权利仅限于就统治者可能施加于他们的任何不公表达关切,而不包括对神圣律例的看法。 关于第三点,其依据是关于追究统治者责任的经文的一般含义。艾哈迈德从伊本·欧麦尔处传述,他说:"安拉的使者ﷺ说:'将会有一些埃米尔统治你们,他们命令你们做他们自己不做的事。凡是相信他们的谎言、帮助他们行不义的人,他就不属于我,我也不属于他,他也不会在水池(Hawd)旁与我相会。'"[穆恩dhiri,《鼓励与警告》,第3卷,第2203页]。艾哈迈德从艾卜·赛义德·胡德里处传述,他说:"安拉的使者ﷺ说:'……最好的圣战是在残暴的统治者面前说出一句真话。'"[艾卜·达伍德,《圣训集》,第4344条]。哈金姆从哲亚尔处传述,先知ﷺ说:"殉道者的领袖是哈姆扎·本·阿卜杜勒-穆塔利ب,以及一个站在残暴统治者面前,命令他行善、禁止他作恶,结果被他杀害的人。"[穆恩dhiri,《鼓励与警告》,第3卷,第229页]。穆斯林从乌姆·赛莱迈处传述,安拉的使者ﷺ说:……
Non-Muslim members of the council have no right in examining the ahkam and cannons which the Khalifah wants to adopt. This is because they do not believe in Islam, and because their right is restricted to voicing their concerns regarding any oppression that might fall upon them from the rulers, rather than expressing their view regarding the divine ahkam and canons.. With regards to the third point, its evidence is the general meaning of the texts related to bringing the rulers to task. Ahmad narrated from Ibn ‘Umar, who said: “The Messenger of Allah (PBUH) said: “There will be Amirs over you who order you of things they do not do. Whoever believed them in their lies and helped them in their injustice he would not belong to me nor I belong to him, and he will not join me on the Hawd (basin)”. [al-Mundhiry, al- Targhib wa’l-Tarhib, vol.3, p.2203]. Ahmad narrated from Abu Sa’id al-Khudri, who said: “The Messenger of Allah (PBUH) said:. “…The best of Jihad is (to say) a word of truth before an oppressor ruler”.” [Abu Dawud, Sunan, #4344]. Al-Hakim narrated from Jabir from the Prophet (PBUH) who said: “The master of martyrs is Hamza b. ‘Abd al-Muttalib and a man who stood to an oppressor ruler where he ordered him and forbade him so he (the ruler) killed him.” [Al-Mundhiry, al-Targhib wa’l-Tarhib, vol.3, p.229]. Muslim narrated from Umm Salamah that the Messenger of Allah ( PBUH) said: .
“将会有这样一些领袖:你们会认可他们的某些作为,也会否认他们的某些作为。谁认清了(其错误),就可以免于责任;谁否认了(其错误),就可以保全自身;但谁接受并追随(其错误),(则不然)。”
“There will be Amirs you recognise some of what they do and deny some. Whoever recognised he would be free of responsibility, and whoever denied he will be safe; but whoever accepted and follows (he will be not)”.
这些文本是一般性的论述,说明依照沙里亚的规定对统治者进行问责。此外,问责可以针对任何行为。议会对哈里发以及其他辅佐官、总督和阿米勒的问责,针对的是任何已经实际执行的行为,无论这些行为是否违背神圣律法,是否错误或对穆斯林有害,是否不公正,或在处理民众事务时是否怠慢。哈里发必须回应这种问责和异议,阐明自己对其言论、行为和所承担任务的见解与依据,以使议会确信哈里发工作表现良好、真诚and诚实。然而,如果议会不接受哈里发的见解并驳回其论据,则此事必须加以审查。如果该事项属于多数意见具有约束力的问题,那么议会的意见便具有约束力,如同(a)项中的问题;否则,便不同于(a)项中的问题。例如,若问责的事项是前例中未建立学校,则该问责具有约束力。然而,若问责的事项是他为学校所选择的设计,则他的答辩不具有约束力。
These texts are in general form and indicate accounting of the ruler in accordance with the rules of the shara’. Furthermore accounting can be over any action. This accounting by the Council to the Khalifah and other assistants, governors and ‘Amils would be over any action which has been actually executed whether this action disagreed with the divine rule, was wrong or harmful to Muslims, or was unjust or complacent toward the citizens in looking after their affairs. The Khalifah must respond to this accounting and the objections by showing his view and evidence regarding his words, actions and tasks he undertook, so that the Council can be assured of the good performance, the sincerity and honesty of the Khalifah. If however the Council does not accept the view of the Khalifah and rejects his argument, this must be examined. If this matter was of the issues over which the majority opinion is binding then the opinion of the Council is binding like the issues in (a), otherwise it would not be like the issues in (a). If the accounting for example was regarding not providing the school in the previous example then the accounting is binding. If the accounting was however regarding the design he chose for the school then his accounting is not binding. .
如果那些负责核算的人在某件事上与统治者在法律层面上产生分歧,则该事务应根据议会的请求提交给申冤法庭(Al-Mazalim),这是基于安拉(SWT)所说的:
If those who account differed with the rulers over any matter from the legal point of view, the matter is referred to the court of unjust acts (Al-Mazalim) by a request from the Council, due to what Allah (S.W.T) says: .
“{信道的人们啊!你们当服从真主,服从使者,服从你们中掌权的人。如果你们对某件事有争议,就把它交还真主和使者}”[4:59]这是说,如果穆斯林与掌权者在某件事上发生争执,他们应当把它交还真主和使者,也就是依据伊斯兰教法来裁决。这意味着应当诉诸司法机关,即不义行为的法庭,其裁决具有约束力,因为在这种情况下它拥有强制的权力。
“O you who believe obey Allah and obey the Messenger and those in authority from amongst you. If you disputed over a matter refer it to Allah and the Messenger.” [4:59] This means that if the Muslims dispute with the people of authority over a matter, they should refer it to Allah and to the Messenger, that is arbitrate to the Sharia. This means to refer to Judiciary, that is to the court of unjust acts and its opinion is binding, because it has the mandatory power in this case. .
关于第四点,其证据是:先知(愿主赐福并使其平安)因为阿卜杜·盖斯代表团向他申诉巴林总督阿拉·本·哈德拉米,便将其罢免。伊本·萨阿德根据穆罕默德·本·欧麦尔的传述说: “安拉的使者(愿主赐福并使其平安)写信给阿拉·本·哈德拉米,要他带领阿卜杜·盖斯的二十人来见他。他带着二十人来到,由阿卜杜拉·本·欧夫·阿什贾吉率领,并在他之后委任了穆恩齐尔·本·萨瓦。代表团向阿拉·本·哈德拉米提出申诉,安拉的使者(愿主赐福并使其平安)便罢免了他,委任伊班·本·赛义德·本·阿斯,并对他说:‘要照顾阿卜杜·盖斯,尊重他们的首领。’”
In regards to the fourth point, its evidence is that the Messenger of Allah (PBUH) removed al-’Ala’ ibn al-Hadrami, his Amil over Bahrain, because the delegate of `Abd Qays complained about him to the Messenger (PBUH). Ibn Sa’d narrated on the authority of Muhammad b. ‘Umar:. “That the Messenger of Allah wrote to al-Ala’ b. Al-Hadrami to come to him with twenty men from ‘Abd Qays. He reached him with twenty men headed by Abdullah ibn Awf al-Ashajj, and appointed after him al-Mundhir b. Sawa. The delegate complained of al-‘Ala’ b. Al-Hadrami so the Messenger of Allah (PBUH) removed him and appointed Iban b. Said b. Al-Aass and said to him:” Take care of ‘Abd Al-Qays and respect their chiefs.” .
再者,欧玛尔·本·赫塔卜仅仅因为民众对萨阿德·本·艾比·瓦卡斯的投诉,就将他从省长职位上罢免,并且说:“我罢免他并非因为他有缺陷或叛国。”这表明,地方(Wilayah)的民众有权表达对其省长(Wali)和长官(Amir)的愤怒与不满,而哈里发因此必须罢免他们。同样,作为全体穆斯林在国家中的代表,乌玛议会(Majlis al-Ummah)有权表达对省长(Wali)和官员(Amil)的愤怒与不满,如果投诉来自地方议会(Majlis al-Wilayah)多数成员或乌玛议会多数成员,哈里发必须立即将其罢免。如果这两个议会的意见发生冲突,则优先采纳地方议会的意见,因为它比乌玛议会更了解省长的情况,也更熟悉其状况。
Also ‘Umar b. Al-Khattab removed Sa’d b. Abi Waqqas from the Wilayah just because of the complaint of the people against him, and he said: “I did not remove him because of deficiency or treason”. This indicates that the people of the Wilayah have the right to express their anger and discontent of their Walis and Amirs, and the Khalifah thus has to remove them. Likewise, the Council of the Ummah is allowed, as a representative of all Muslims in the State, to express its anger and discontent of the Walis and Amils and the Khalifah has to remove them immediately if the complaint came from the majority of the council of the wilayah or the majority of the council of the Ummah. In the case of conflict between the views of these two councils, then the priority is given to the council of the wilayah, for it is more aware and more acquainted than the council of the Ummah of the condition of the wali. .
关于第五点,该点包含两个问题:第一个是候选人的初步筛选,第二个是将入围名单缩减至六人,再进一步缩减至两人。
With regards to the fifth point, this point has two issues: The first one is the short listing of the nominees, and the second is reducing the shortlist to six people and then to two. .
关于第一个问题,从遵循正道哈里发们的任命方式来看,似乎是由穆斯林的代表直接拟定候选人名单,或者由他们请求哈里发代表他们拟定候选人名单。
As for the first issue, from following the manner of appointing the guided Khulafaa' it appears there was short listing of nominees made by the representatives of the Muslims directly, or through requesting the Khalifah to shortlist the nominees on their behalf. .
在banu Sa'idah的大厅里,被提名的人有Abu Bakr、'Umar、Abu Ubayda和Sa'd ibn Ubadah,他们已被充分考虑,提名也仅限于他们。这一切发生在大厅中的人面前,随后经众Sahabah同意,他们向Abu Bakr宣誓效忠(bayah)。
In the hall of Bani Sa'idah the nominees were Abu Bakr, ‘Umar, Abu Ubayda and Sa'd ibn Ubadah, who were seen enough and to whom the nominations were restricted. This took place before the people of the hall, and then by the consent of the Sahabah later on, where they gave the bayah to Abu Bakr. .
在阿布·伯克尔(愿真主喜悦他)执政末期,他与穆斯林商议了大约三个月,就其之后的哈里发职位与他们进行讨论。穆斯林与他讨论之后,同意了他对欧麦尔的提名,即将提名限定于一位候选人。
Towards the end of Abu Bakr's (ra) authority, he consulted with Muslims for about three months, discussing with them the post of Khilafah after him. After they discussed this with him they agreed to his nomination of ‘Umar, i.e. restricting the nomination to one candidate. .
在欧麦尔(愿真主喜悦他)遇刺之后,对提名候选人范围的限定就更加明确和显而易见了:人们请求他指定候选人,于是他将其限定为六人,排除了其他人,并且如众所知,他特别强调了这一点。
Restricting of nominees was more clear and obvious after the stabbing of ‘Umar, for they requested him (ra) to nominate to them candidates; so he confined it to six (nominees), depriving others of it, where he emphasised that matter as it is known. .
在提名阿里(ra)的时候,他是唯一的被提名人,没有其他人与他同时被提名,因此无需进行筛选。
At the time of nominating ’Ali (ra), he was the only nominee, without having any one else with him; so there was no need for short listing. .
在穆斯林集会之前对候选人进行初步筛选,这一做法曾经存在;如果它是不被允许的,那么它就不会被实行,因为这样做会妨碍其他人提名的权利。因此,由于圣门弟子的一致同意(ijmaa' us-Sahabah),为哈里发职位筛选候选人是被允许的。所以,乌玛(Ummah)即其代表,有权对候选人进行筛选,无论这种筛选是由乌玛直接进行的,还是通过授权即将卸任的哈里发代表乌玛进行的。
Short listing of nominees used to take place before a gathering of Muslims; a matter which is opposed and not executed had it been not allowed, for this prevents the right of others in nomination. Therefore, short listing the nominees for Khilafah post is allowed due to the ijmaa' us-Sahabah. Thus, the Ummah, i.e. her representatives are allowed to shortlist the nominees, whether this short listing was conducted directly by the Ummah, or through authorizing the outgoing Khalifah to do that on their behalf. .
关于候选人的筛选。就将提名人最初缩减为六人的依据而言,取自欧麦尔(愿真主喜悦他)的做法;而将名单进一步缩减为两人,则取自阿卜杜勒·拉赫曼·本·欧夫(愿真主喜悦他)的做法。此外,这也印证了多数穆斯林选民效忠(拜阿)的含义:若提名人超过两人,那么其中胜出者可能只获得例如三成选民的支持,即低于多数;而若提名人不超过两人,胜出者则必然获得多数支持。
This is in regards to short listing. In regards to evidence for the short listing of the nominees to six people at first, this is taken from the action of ‘Umar (ra); whilst shortening the list to two after that is taken from the action of Abdul Rahman ibn Awf (ra). Additionally this verifies the meaning of the bayah by the majority of the Muslim electorate; for if the nominees were more than two, then the winner amongst them might get for example thirty percent of the electorate, i.e. less than their majority. The winner would get the majority in case the nominees were not more than two. .
关于由乌玛议会筛选六名或两名候选人,这一筛选必须由法院(mahkamat ul-mathalim,即申诉法院)进行,以确保候选人符合契约条件。原因在于,乌玛议会的筛选是为了从中选出一位哈里发。换言之,这些候选人必须符合契约条件。因此,申诉法院将排除任何不符合契约条件者,使其不能成为哈里发的候选人。之后,乌玛议会再从申诉法院认定符合契约条件的候选人中,进行最终的名单筛选。
In regards to short listing of the six and two nominees by the council of the Ummah, this must be by the mahkamat ul-mathalim to ensure that the nominees fulfil the contractual conditions; this is because the short listing conducted by the council of the Ummah is for electing a Khalifah from amongst them. It means in other words that they must fulfil the contractual conditions. Therefore, mahkamat ul-mathalim would exclude from the nominees to the Khilafah anyone who does not fulfil the contractual conditions. After that the council of the Ummah would make the shortlist from the nominees decided by mahkamat ul-mathalim to have fulfilled the contractual conditions.