5.2 受委托助手的强制性权力
5.2 The mandatory powers of the delegated assistants
委托助手的任务
The task of the delegated assistant
代理者的职责是将他打算执行的所有工作呈报给哈里发。随后,他向哈里发汇报自己已经做出的决定,以及已经完成的管理和任命事务,以免代理者在权力上与哈里发相同。因此,他的职责是先提交自己的审议意见,然后执行,除非哈里发阻止他这样做。
The task of the delegated assistant is to submit to the Khalifah all the work he intends to perform. He then reports to the Khalifah what he has executed in terms of decisions and what he has discharged in terms of management and appointment, so that the assistant would not become like the Khalifah in his powers. Therefore, his job is to submit his review and then execute it, unless the Khalifah stops him from doing so. .
证据在于穆阿温的性质:他是哈里发在所委派事务上的副手。副手代表任命他的人行事。因此他并不独立于哈里发之外,而是像欧麦尔(愿真主喜悦他)担任艾卜·伯克尔的瓦兹尔时那样,对每一件事都与哈里发商议:在执行自己拟定的事务之前,先与艾卜·伯克尔商量,然后据此执行。与哈里发商议,并不一定意味着在每一个细节上都要征得他的许可,因为那与穆阿温的性质相矛盾。它指的是就该事务与他进行讨论。这些事务可能包括:需要为某个省份任命一位有能力的总督,处理民众关于市场粮食短缺的申诉,或国家的任何其他事务。他也可以以陈述的形式向哈里发提交某事,这样在将来,穆阿温便可合法地自行处理该事务的所有细节,而无需再请求行动的许可。然而,如果哈里发下令停止执行某项事务,那么就不应再执行。因此,陈述只是提出一项建议,并就此与哈里发协商;它并不意味着请求执行该任务的许可。只要哈里发没有阻止,穆阿温就可以执行所涉及的任务。
The evidence for this is the nature of the Mu’awin who is s a deputy of the Khalifah in the issue designated to him. A deputy acts on behalf of the person who appointed him as his deputy. Thus he does not become independent from the Khalifah, but rather reviews with him every action just as ‘Umar (ra) used to do when he was a wazir to Abu Bakr, whereby he would review with Abu Bakr what he intended to perform, then executed it accordingly. Reviewing with the Khalifah does not necessarily mean that he needs to ask his permission in every single detail, for this contradicts the nature of the Mu’awin. It rather means discussing the matter with him. These matters may be regarding the need of appointing a capable wali to one of the provinces, dealing with the complaints of the people regarding food shortage in the market, or any other affair of the state. He may also submit a matter to him, in the form of a presentation, which in the future may make it legitimate for the Mu’awin to carry out the matter with all its details, without the need for permission to act. However, if the Khalifah issues orders to stop the implementation of any matter, then it should not be executed. Hence, the presentation is simply the putting forward of a proposal and the consultation with the Khalifah about it; and it does not mean seeking permission to carry out the task. The Mu’awin can execute the task in question as long as the Khalifah does not stop him from doing so. .
哈里发应当审查穆阿温的行为及其对事务的管理,以认可其中正确的部分,纠正其中错误的部分。这是因为,穆斯林乌玛的事务委托给哈里发,并由他依据自身的伊吉提哈德加以处理。其证据是关于对臣民负有责任的圣训,其中先知ﷺ说:
The Khalifah should review the actions of the Mu’awin and his management of affairs, in order to approve what is right and redress what is wrong. This is so because the management of the Ummah’s affairs is commissioned to the Khalifah and discharged according to his own ijtihad. The evidence for this is the Hadith of responsibility over the subjects where the Messenger of Allah (PBUH) said: .
“伊玛目是监护人,他要为他的臣民负责。”(布哈里,《沙希赫》,第893条)
“The Imam is a guardian and he is responsible over his subjects.” [Bukhari, Sahih. #893].
因此,哈里发有权负责治理事务,并对其臣民负责;而受委任的穆阿温则不对臣民负责,他只对自己的行为负责。对臣民的责任仅由哈里发一人承担。因此,哈里发有义务审查穆阿温的行为及其履职情况,以履行他对臣民的职责。此外,受委任的助手有时可能会犯错,哈里发必须纠正这些错误,所以他必须审查助手的所有行为。因此,正是出于这两个原因:履行对臣民的责任,以及纠正受委任助手可能犯下的错误,哈里发有义务审查穆阿温的全部行为。
Therefore, the Khalifah is entitled to the task of government and he is responsible over his subjects, whereas the delegated Mu’awin is not responsible over the subjects, but he is merely responsible for his own actions. The responsibility over the subjects is confined to the Khalifah alone. Therefore, the Khalifah is obliged to review the actions of the Mu’awin and his performance in order to fulfil his duty towards his subjects. Aside from this, the delegated assistant can sometimes make errors, and the Khalifah has to redress such errors, so he has to review all the assistant’s actions. Therefore, it is for these two reasons: fulfilling responsibility towards his subjects and redressing potential errors made by the delegated assistant, that the Khalifah is obliged to review all of the Mu’awin’s actions. .
如果受托的助手对某事作出了决定,而哈里发表示同意,那么穆阿温便可不作任何更改地执行该决定。若哈里发对穆阿温所执行的事项提出异议,则该事项须予以审查。若穆阿温正确地执行了某项判决,或将钱款用于正当的领域或某些项目,那么穆阿温的意见即生效,因为原则上它就是哈里发的意见;哈里发无权纠正穆阿温在法规或资金支出方面所执行的事项。然而,若穆阿温所采取的是其他类型的行为,例如任命瓦利或筹备军队,哈里发有权撤销穆阿温的决定,并执行他自己的意见,从而使穆阿温的行为失效。这是因为哈里发有权纠正他自己的行为,因此他也有权纠正其助手的行为。
If the delegated assistant decided a matter and the Khalifah approved of it, the Mu’awin could then execute it without any alterations. If the Khalifah objected to what the Mu’awin executed, then in this case the matter would be examined. If the Mu’awin correctly carried out a verdict or if he spent some funds in the correct areas or in certain projects then the Mu’awin’s opinion comes into force, for in principle, it is the Khalifah’s opinion, and the Khalifah has no right to redress what the Mu’awin executed in terms of rules or funds he spent. However, if the Mu’awin had performed other types of actions, such as the appointment of a Wali or the preparation of an army, the Khalifah has the right to reverse the Mu’awin’s decision and enforce his own opinion, thus nullifying the Mu’awin’s actions. This is because the Khalifah has the right to redress his own actions so he has the right to redress the actions of his assistants. .
这是关于穆阿文(Mu’awin)如何履行其职责,以及哈里发如何审查穆阿文行为的描述。它源于哈里发有权纠正的行为与无权纠正的行为之分,因为受委任的穆阿文的行为被视为哈里发的行为。其理由在于,受委任的助手与哈里发一样,有权独自进行裁决并任命官员,因为统治的条件已经授予他。他也有权调查申诉,或委派他人进行调查,因为申诉的条件已经为他确立。
This is the description of the way in which the Mu’awin performs his duties and the way in which the Khalifah reviews the Mu’awin’s actions. It is derived from the actions the Khalifah is allowed to redress and the actions he is not allowed to redress, because the actions of the delegated Mu’awin are considered as actions of the Khalifah. As an explanation for this, it is allowed for the delegated assistant to rule by himself and to appoint rulers as it is allowed for the Khalifah. This is so, because the conditions of ruling have been conferred to him. He is also entitled to investigate the complaints or to deputize someone to do so, because the conditions of complaints have been verified for him. .
他同样有权亲自主持圣战,或委派他人主持圣战,因为发动战争的条件已经为他具备。他有权执行自己所决定的事务,或委托他人代其执行,因为发表意见与管理的条件已授予他。然而,这并不意味着只要哈里发事先得到了通报,穆阿温所做的任何事情就不能被哈里发撤销。实际上,这意味着他与哈里发拥有相同的权力,但他是代表哈里发行事,而非独立于哈里发之外。因此,哈里发有权不同意穆阿温的意见,纠正已执行的事务,或撤销他的任何行为,但需注意,这仅适用于哈里发自己的行为中可以加以纠正的那类行为。
He is also entitled to take charge of Jihad by himself, or appoint someone to do so, for the conditions of war have been verified for him. He is entitled to execute matters he has decided or to deputize someone to execute them on his behalf, for the conditions of voicing an opinion and management are conferred to him. However, this does not mean that whatever the Mu’awin performed can’t be reversed by the Khalifah, as long as he had been briefed about it. It rather means that he possesses the same powers as the Khalifah, but he acts on his behalf and not independent of him. Therefore, the Khalifah is entitled to disagree with the Mu’awin and redress what has been executed or reverse any of his actions, bearing in mind that this applies only to the sort of actions which the Khalifah can redress of his own actions. .
如果穆阿温正确地执行了某项规定,或将资金用于了正当的方面,那么哈里发的反对便是无效的,穆阿温的决定应当得到执行。这是因为,从原则上讲,这是哈里发自己的决定,在这类情况下他本人不能撤销或废止自己已经执行的事务,因此他也不能撤销其穆阿温的行为。然而,如果穆阿温任命了瓦里(Wali,省长)、行政官员、军队指挥官或其他任何受任者,或制定了经济战略、军事计划、工业方案或任何类似的事务,那么哈里发是可以废止这些决定的。这是因为,虽然这些在形式上被视为哈里发的意见,但它们属于哈里发即使自己所作也有权纠正的那一类决定,因此他可以纠正穆阿温的决定。总之,哈里发可以废止穆阿温的行为。关于此事的基本原则如下:凡哈里发自己所作、他有权纠正的行为,他都可以纠正穆阿温所作的同一行为;而凡哈里发自己所作、他无权纠正的行为,即使是穆阿温所作,他也不得纠正。
If the Mu’awin executed a rule correctly or spent funds in the right areas then the Khalifah’s objections would be illegitimate and the Mu’awin’s decision would be executed. This is because in principle, it is the Khalifah’s own decision and in such cases he himself cannot reverse his decision or nullify what he himself had executed. Hence, he could not reverse his Mu’awin’s action. However, if the Mu’awin had appointed a Wali, an administrator, an army commander or any other appointee or if he had laid down an economic strategy, a military plan or an industrial program or any similar undertaking, then the Khalifah is allowed to nullify it. This is because, although they are considered as being the Khalifah’s opinions they fall under the category of decisions which the Khalifah is entitled to redress even when done by himself. Accordingly he could redress the Mu’awin’s decisions. In conclusion it is allowed for the Khalifah to nullify the actions of the Mu’awin. The basic rule concerning this would be as follows: the Khalifah can redress any action undertaken by the Mu’awin as long as the action is from those which he can redress when undertaken by himself; whereas any action the Khalifah cannot redress of himself, he is not permitted to redress the same action if performed by his Mu’awin. .
受委派的穆阿温不会被指定到行政体系中的任何特定部门,例如教育部门,因为负责行政事务的人是公务员而非统治者;而受委派的助手则是统治者,而不是公务员。他的任务是主持事务,而不是担任公务员的角色。
The delegated Mu’awin is not designated to any particular department of the administration system, like the education department, because those who take charge of the administration matters are civil servants and not rulers; whilst, the delegated assistant is a ruler, rather than a civil servant. His task is to take charge of the affairs and not to occupy the role of civil servants. .
这就是他不负责行政事务的原因。然而,这并不意味着他被禁止采取任何行政行动。相反,他被赋予了总体责任,并且不局限于行政职能。
This is the reason why he does not run the administrative matters. However, it does not mean that he is prevented from carrying out any administrative action. Rather he is given general responsibility and is not confined to the administrative functions.