4.10 哈里发的强制性权力
4.10 The Khalifah’s mandatory powers
哈里发拥有以下必备的权力:A——他采纳为管理乌玛事务所必需的神圣律例(Ahkam Shar'iyya),这些律例是通过可行的伊斯贾提哈德从安拉的经典和祂的使者的逊奈中推导出来的。因此它们成为必须遵守、不得拒绝的约束性法律。
The Khalifah possesses the following mandatory powers: A – It is he who adopts the divine rules (Ahkam Shar’i ya) necessary for managing the affairs of the Ummah, which are deduced through viable ijtihad from the Book of Allah and the Sunnah of His Messenger. Thus they become a binding law that must be obeyed and not rejected. .
B - 他负责国家的内政与外交政策;他是全部武装力量的最高总司令,拥有宣战、缔结和约、停战协定以及其他一切条约的全权。
B - He is responsible for the domestic and foreign policies of the State; he is the supreme commander in chief of all the armed forces and he has full powers to declare war, conclude peace treaties, truces and all other treaties. .
C - 他拥有接受(外国)大使并拒绝他们的权力,也拥有任命穆斯林大使和罢免他们的权力。
C - He has the powers to accept (foreign) ambassadors and to refuse them, as well as the powers to appoint Muslim ambassadors and to remove them. .
D - 由哈里发任命和罢免辅佐官与瓦利,他们都须对他本人及乌玛议会负责。
D - It is the Khalifah who appoints and removes the assistants and Walis; they are all responsible before him and before the Council of the Ummah. .
E - 由他任命和罢免最高法官(Qadi al-Qudah),以及其他法官,但不包括申诉法院(mahkamat al-Mazalim)的法官;申诉法院的法官由他任命,但关于其罢免,他受到限制,具体如司法章节所述。他还任命行政部门的管理者、军队指挥官、参谋长以及总司令。他们都只对他负责,而不对乌玛议会(Council of the Ummah)负责。
E - It is he who appoints and removes the supreme judge (Qadi al-Qudah), as well as the other judges excluding the judge of mahkamat al-Mazalim, where he appoints him, but he is restricted regarding his dismissal as it is explained in the chapter of the judiciary. He also appoints the managers of the administration departments, army commanders, chiefs of staff, and the commanders in chief. They are all answerable to him and not to the Council of the Ummah. .
F - 正是他采纳神圣的律法,据此拟定国家预算;也正是他决定预算的细节,以及分配给各部门的资金,无论是涉及收入还是支出。
F - It is he who adopts the divine rules, in light of which the State’s budget is drafted, and it is he who decides the details of the budget and the funds allocated to each department, whether concerning revenues or expenses. .
关于上述六个部分的详细证据,关于"A"部分的证据是圣门弟子的普遍共识。Qanun(法律)是一个专业术语,指统治者(苏丹)颁布的、要求民众遵守的规定。法律学者将其定义为"苏丹(统治者)强制民众在其相互关系中遵守的一整套原则"。换言之,如果苏丹颁布某些规则,这些规则便成为法律,民众必须遵守;而如果苏丹不颁布这些规则,
As for the detailed evidences of the six sections mentioned above, the evidence about section "A" is the general consensus of the Sahabah. Qanun (law) is a technical term which means the order that the ruler (Sultan) issues so that people abide by it. Scholars of Qanun (law) define it as "the host of principles that the Sultan (ruler) compels people to follow in their relations". In other words if the Sultan issues certain rules, then these rules become laws and people have to abide by them; and if the Sultan does not issue them, .
那么它们就不成为法律,人们也没有义务遵守。穆斯林遵循沙里亚的规定,因此他们遵守安拉(P.B.U.H)的命令与禁令。他们所遵守的是安拉的命令与禁令,而不是苏丹的命令,所以他们遵循的是神圣的律法,而不是苏丹的敕令。然而,圣门弟子们在沙里亚的律例上存在分歧。他们中有些人对神圣经文中的内容理解各不相同。他们每个人都遵循自己所理解的,那便代表了安拉(S.W.T)对他的律例。但是,也有一些与管理乌玛事务相关的神圣律例,所有穆斯林都应依照同一种见解来遵守,而不是各自依据自己的伊杰提哈德行事。这在过去确实发生过。例如,艾布·伯克尔认为应当将财物平均分配给所有穆斯林,因为这是他们平等的权利。然而欧麦尔认为,把财物给予那些与安拉的使者(P.B.U.H)作战的人以及与他并肩作战的人,或者把同样的份额给予贫穷者和富有者,是不对的。然而,当艾布·伯克尔担任哈里发时,他把自己的见解强加于众人,法官和总督都执行了他的见解,欧麦尔也服从了艾布·伯克尔的见解并加以执行。而当欧麦尔成为哈里发后,他推行了自己与艾布·伯克尔不同的见解,即下令财物应按优先原则分配,而不是平均分配,依据伊斯兰教信仰的年限以及人们的需要进行分配。穆斯林遵守了这一规定,法官和总督也执行了它。 因此,圣门弟子之间形成了一项普遍的共识:伊玛目有权采纳特定的规则并强制执行,穆斯林必须遵守这些规则,即使它们与自己的个人伊吉提哈德相抵触,他们也必须放弃自己的观点和伊吉提哈德。这些被采纳的规则实际上就是法律(或法令);因此,立法的权力唯独属于哈里发,其他任何人都没有这样的权利。
then they do not become law and people are not obliged to abide by them. The Muslims follow the rules of Shara’, so they abide by Allah’s (P.B.U.H) commands and prohibitions. What they abide by are the commands and prohibitions of Allah, not those of the Sultan, so what they follow are divine rules and not the orders of the Sultan. However the Sahabah have differed regarding the Shariah rules. Some of them understood matters from the divine texts different to one another’s’ understanding. Each one of them abided by what he understood and that represented the rule of Allah (S.W.T) on his behalf. However, there are some divine rules related to managing the affairs of the Ummah that all the Muslims should abide by according to one single opinion, and not each proceeding according to his own ijtihad. This indeed took place in the past. Abu Bakr, for instance, considered it fit to distribute the funds equally among all Muslims for it was their equal right. However ‘Umar deemed it wrong to give to those who had fought against the Messenger of Allah (P.B.U.H) and those who fought alongside him, or to give to the needy equal to that which was given to the wealthy. However when Abu Bakr was the Khalifah, he enforced his opinion upon the people, the judges and Walis executed his opinion and ‘Umar also submitted to Abu Bakr’s opinion and executed it. And when ‘Umar became Khalifah he enforced his own opinion which differed from that of Abu Bakr, i.e. he ordered the funds to be distributed preferentially and not equally, whereby the funds were distributed according to the length of time they had been Muslims and according to their needs. The Muslims abided by this rule, and the judges and Walis executed it. Therefore, a general consensus of the Sahabah was established stating that the Imam has the right to adopt specific rules and enforce their implementation, and Muslims have to abide by such rules even if they contradict with their own ijtihad, and they must also abandon their own opinions and ijtihads. These adopted rules are in fact laws (or canons); thus the enaction of laws belongs to the Khalifah alone and no one else has such a right. .
至于"B"部分,其证据源自安拉的使者(愿主福安之)的行为。他(愿主福安之)曾任命总督和法官,并要求他们向自己负责。他(愿主福安之)曾监管贸易,禁止欺诈和作弊。他(愿主福安之)曾将财物分配给民众,并帮助失业者找到工作。他(愿主福安之)曾管理国家的一切内部事务。ﷺ
As for section "B", its evidence is derived from the actions of the Messenger of Allah (P.B.U.H). He (P.B.U.H) used to appoint the Walis and judges and hold them accountable to him. He (P.B.U.H.) used to control trading and prohibit fraud and cheating. He (P.B.U.H) used to distribute the funds among the people, and help the unemployed find work. He (P.B.U.H) used to run all the State’s internal affairs.
他也曾致信各国君主、接见使节、接待代表团。他全权处理国家的一切对外事务。在军事行动中,他实际上亲自统率武装力量,率军作战,派遣所有远征队,并任命其领队。有一次,他任命乌萨玛·本·宰德为远征沙姆的统帅。圣门弟子们因乌萨玛年纪尚轻而不满,但安拉的使者ﷺ坚持要他们接受其领导。这证明他实际上是武装力量的指挥官,而不仅仅是武装力量的最高统帅。
He (P.B.U.H) also used to write to the kings and meet with the envoys and receive the delegates. He (P.B.U.H) carried out all the foreign affairs of the State. He (P.B.U.H) effectively used to take command of the armed forces during the raids and He (PBUH) used to lead the battles, and He (PBUH) used to send out all the expeditions and appoint their leaders. In one instance He (PBUH) appointed Usama b. Zayd at the head of an expedition to Al-Sham; the Sahabah were not pleased with this due to Usama’s young age, but the Messenger of Allah (PBUH) forced them to accept his leadership, which proves that he was effectively the commander of the armed forces and not just its supreme commander in chief. .
是他(ﷺ)向古莱什人宣战,也向拜尼·古赖宰族、拜尼·奈迪尔族、拜尼·盖努嘎族、海拜尔以及罗马人宣战。所发生的一切战争都是由他(ﷺ)宣布的。这证明只有哈里发才有权宣战。 是安拉的使者(ﷺ)与拜尼·马德利季族及其盟友拜尼·顿穆拉族签订了条约。他(ﷺ)还与艾俩的领袖、鲁巴之子约哈纳(乔纳森)签订了条约,也签订了侯代比叶和约。那时穆斯林们感到愤怒,但他(ﷺ)不理会他们的意见,驳回了他们的请求,坚持签署了和约。这证明只有哈里发才有强制性的权力签订条约,无论是和平条约还是其他任何条约。
It was He (PBUH) who declared war on Quraish, and on Banu Qurayzah, Banu Nadir, Banu Qaynuqa’, Khaybar and the Romans. All the wars that took place were declared by Him (PBUH). This proves that only the Khalifah has the right to declare war. It was also the Messenger of Allah (PBUH) who signed the treaties with Banu Madlij and their allies of Banu Dhumra. He (PBUH) signed a treaty with Yuhanna (Jonathan) b. Ru’ba, the leader of Ayla, and He (PBUH) also signed the treaty of Al-Hudaybiyah. The Muslims on that occasion were outraged but He (PBUH) ignored their opinion and dismissed their pleas, went ahead and signed the treaty. This proves that only the Khalifah has the mandatory powers to sign treaties, whether these are peace treaties or any other. .
关于"C"部分,其证据是:正是真主的使者(愿主福安之)亲自接见了Musaylama的两位使者,也是他(愿主福安之)接见了古莱什派来的使者Abu Rafi'i。他(愿主福安之)还曾派遣使者前往希拉克略、霍斯陆、Al Muqawqis、Al-Harith Al-Ghassani(希拉的国王)、Al Harith Al-Himyary(也门国王)、阿比西尼亚的奈加什(Al-Habashi),并在侯代比亚事件中派遣Uthman Ibn Affan前往古莱什。这证明哈里发是接见和拒绝使节的人,也是任命使节的人。
As for section "C", its evidence is that it was the Messenger of Allah ( PBUH) himself who received the two envoys of Musaylama, and it was He (PBUH) who received Abu Rafi’i, an envoy from Quraish. It was also He (PBUH) who sent envoys to Heraclius, Chosroes, Al Muqawqis, Al- Harith Al-Ghassani, King of Al-Heera, Al Harith Al-Himyary, King of Yemen, the Negus of Abyssinia (Al-Habashi), and Uthman Ibn Affan to Quraish during the Hudaybiyah affair. This proves that the Khalifah is the one who receives and declines the ambassadors (envoys) and it is he who appoints the ambassadors. .
至于“D”部分,其证据是:先知穆罕默德ﷺ本人亲自任命瓦利(州长),他任命穆阿兹为也门的瓦利。他ﷺ也曾罢免瓦利,当巴林的民众对阿拉·本·哈达拉米提出投诉后,他ﷺ便将其从巴林瓦利的职位上罢免。这表明,瓦利应当对所辖州(地区)的民众负责,对哈里发负责,同时也对乌玛议会负责,因为该议会代表所有的州。以上是关于瓦利的内容。