4.6 临时哈里发
4.6 The provisional Khalifah
临时埃米尔
The provisional Amir
哈里发在感觉死亡临近时,以及在哈里发职位空缺前不久,有权任命一位临时埃米尔,负责在选举新哈里发期间处理穆斯林的事务。临时哈里发在哈里发去世后行使其职责。他的主要任务是在三天内完成新哈里发的任命。
The Khalifah is entitled, once he feels death is approaching him, and a short while before the Khilafah post becomes vacant, to appoint a provisional Amir for looking after the affairs of the Muslims during the period of the election of a new Khalifah. The provisional Khalifah exercises his duty after the death of the Khalifah. His main task is to carry out the appointment of the new Khalifah within three days. .
临时哈里发无权制定(新的)法律。这是因为此项职权是拥有民众效忠(Bay'ah)的哈里发所独有的强制性权力。他不得是哈里发职位的候选人之一,也不允许他支持其中任何一位候选人。这是因为欧麦尔(ra)任命了一位临时埃米尔,而此人并不在他所提名的哈里发候选人之列。
The provisional Khalifah is not entitled to adopt (new) laws. This is because this task is the mandatory power of the Khalifah that has the Bayah from the Ummah. He is not allowed to be from the nominees to the Khilafah post nor is it permitted for him to support any one of them. This is because ‘Umar (ra) appointed a provisional Amir who was not from those that he nominated for the post of Khalifah. .
这样一位临时埃米尔的权威,会在新哈里发被任命的那一刻失效,因为他的职责是暂时的,并且仅限于这一个目标。苏海卜被欧麦尔(愿真主喜悦他)任命为临时埃米尔的证据,是欧麦尔(愿真主喜悦他)对六位候选人所说的话:“让苏海卜在你们协商的这三天里带领你们做拜功。”随后他又对苏海卜说:“这三天带领众人做拜功。”接着他说:“如果六人中有五人同意并接受某一个人,而其中一人拒绝,那就砍他的头。”这表明苏海卜被任命为他们的埃米尔。他被任命主持拜功,而主持拜功的权力意味着在当时对民众的领导权。此外,他还被授予执行刑罚(砍头)的权力,而只有埃米尔才能授权此类行为。
The authority of such a provisional Amir would expire at the time that the new Khalifah is appointed, because his task is temporary and limited to this single objective. The evidence that Suhaib was a provisional Ameer appointed by ‘Umar (ra) is the saying of ‘Umar (ra) to the six nominees: “Let Suhaib lead you in the prayer during these three days in which you consult”. Then he said to Suhaib: “Lead the people in the prayer these three days,” and then he said, “If five (of the six) agreed and accepted one man, while one (of the six) man rejected him, then strike his head with the sword”. This indicates Suhaib was appointed as an Amir over them. He was appointed an Amir over prayer, where leadership over prayer indicated leadership over the people at that time. Moreover, he gave him the authority of executing the punishment (strike his head), where only the Amir can authorise such an action. .
这件事是在一群圣门弟子面前进行的,其中没有任何人表示反对。因此,这构成了伊ස玛仪(ijma',公议),即哈里发有权任命一位临时埃米尔,由其负责任命新哈里发的各项事宜。基于此,哈里发在其在位期间可以在宪法中加入一条条款,规定若哈里发在去世时未任命临时埃米尔,则必须任命一位临时埃米尔。 据此,我们在此规定:若哈里发在其任期临近结束时未任命临时埃米尔,则资历最长的代表助理将成为临时埃米尔,除非他已被提名。在这种情况下,资历次长的代表助理将成为埃米尔。若所有代表助理均已被提名,则依此类推,必要时继续进行,直至资历最长的执行助理被任命为埃米尔,如此依次类推。
This matter was conducted before a group of Sahabah, without anyone of them objecting to this. Therefore, this constitutes consensus (ijma’) that the Khalifah is entitled to appoint a provisional Amir that looks after the measures of appointing the new Khalifah. Based on this, the Khalifah is allowed during his life to adopt a clause in the constitution that stipulates that in the case the Khalifah passed away without appointing a provisional Amir, somebody must be appointed as a provisional Amir. Accordingly we adopt here that in the case that the Khalifah did not appoint a provisional Amir nearing the end of his term, then the eldest delegate assistant would become the provisional Amir, unless he was nominated. In that case the next eldest delegate assistant would become the Ameer. If all of the delegate assistants are nominated then this goes on, if necessary, until the eldest executive assistant is appointed as Amir, and so on and so forth. .
本任命适用于哈里发被罢免其职位的情况。临时埃米尔应为年龄最长的代理助手,前提是他不属于被提名者之列。如果他属于被提名者之列,则由次长者担任埃米尔,直至这些助手全部轮完。之后任命年龄最长的执行助手,依此类推。如果所有人都提名自己,则最年轻的执行助手必须担任临时埃米尔。本任命同样适用于哈里发被俘的情况。在这种情况下,应对临时埃米尔的强制性权力作出具体规定,包括是否有可能营救哈里发。关于这些强制性权力的法令将适时颁布。
This appointment applies in the case that the Khalifah was removed from his post. The provisional Amir would be the eldest delegate assistant as long as he was not from those nominated. If he was from them, then the next eldest one would become the Amir, till the end of these assistants. After them the eldest executive assistant is appointed, and so on as before. If all of them were to nominate themselves then the youngest executive assistant would be obliged to be the provisional Amir. This also applies in the case that the Khalifah fell captive. In this case there should be some details regarding the mandatory powers of the provisional Amir when there is or there is not a chance of rescuing him. A bill will be issued in time regarding these mandatory powers. .
这位临时的埃米尔不同于哈里发外出圣战或旅行时任命为其代理人的那位。这类似于使者(愿安拉赐福他并使他平安)外出圣战或前往辞朝(Hijjah al-Wada’)等情况时所做的事。这样的代理人会获得哈里发为其指定的必要权力,以处理此类任命所要求的事务。
This provisional Amir is different to the one whom the Khalifah appoints as his deputy when he goes out for jihad or on travel. This is like what the Messenger of Allah (P.B.U.H) used to do when he went out for jihad or he went out on Hijjah al-Wada’ or the like. Such a deputy would have the mandatory powers assigned to him by the Khalifah regarding looking after the affairs required by such an appointment.