8.7 哈里发是军队的统帅
8.7 The Khalifah is the army’s leader
哈里发是军队的最高统帅,他任命参谋长,并为每个旅任命一名埃米尔,为每个师任命一名指挥官。至于军队中的其他职位,则由旅长任命。关于任命某人担任参谋人员,必须依据其军事素养,并由参谋长任命。
The Khalifah is the leader of the army and he is the one who appoints the Chief of Staff and an Amir to every brigade, and a commander to every division. In regards to the other posts in the army they are appointed by the commanders of the brigades. In regards to appointing a person to the staff, it has to be according to his military culture and he is appointed by the Chief of Staff. .
这是因为哈里发是全世界所有穆斯林的总领导,负责确立伊斯兰教法的规定,并将信息传达给世界。传达信息于世界的方式是圣战。因此,哈里发应当负责圣战,因为哈里发的契约只授予他一人,所以除他本人之外,任何其他人都不得执行。因此,哈里发亲自承担圣战的责任。除他之外,任何人都不得承担此责任,尽管每位穆斯林都参与圣战。所以,参与圣战是一回事,而承担圣战的责任则是另一回事。圣战是每位穆斯林的义务,但承担圣战的责任仅属于哈里发。
This is because the Khalifah is the general leadership of all the Muslims in the world, for establishing the Shariah rules and conveying the message to the world. The way of conveying the message to the world is through Jihad. Therefore, the Khalifah should take charge of the Jihad because the Khilafah contract has been convened to him alone, so it is not allowed for any other person to carry it out other than himself. Thus the Khalifah takes responsibility for Jihad himself. It is not allowed for anyone other than him to undertake it, although every Muslim carries out Jihad. Hence carrying out Jihad is one matter and holding the responsibility for it is another. Jihad is a duty upon every Muslim, but holding the responsibility for the Jihad is only for the Khalifah. .
然而,哈里发可以指派他人代表自己履行此项职责,这在哈里发亲自监督与管理之下是允许的,但如果不受哈里发的监督与管理而独立进行,则是不允许的。这种授权与哈里发助手的工作性质并不相同。在此语境下,向哈里发汇报意味着代哈里发进行圣战者须处于哈里发的监督之下。在此限制之下,即置于哈里发的监督与管理之下,军队的指挥权可以授予他所希望的任何人。但若在没有哈里发监督与管理的情况下独自掌控军队,使哈里发仅仅成为一个虚位元首,则是不允许的。这是因为哈里发合约已授予他,因此他必须承担圣战事务的责任。因此,非伊斯兰制度中通常所说的国家元首是武装力量的最高统帅,意味着他只是形式上的领袖,而另有领导者独立指挥军队,这种观点在伊斯兰看来是无效的。这一做法不为沙里亚所认可,相反,沙里亚要求哈里发成为军队的实际领导者。但对于行政与技术等其他类型的领导事务,哈里发可以指派他人代其独立执行,而且与指挥权一样,必须处于他的实际监督之下。
However the Khalifah may appoint another person on his behalf to carry out this duty, which is allowed under his own observation and supervision but it is not allowed for it to be done in an independent way without his observation and supervision. This type of delegation is not the same as the work of an assistant to the Khalifah. Reporting to the Khalifah in this context means that the one who carries out Jihad on his behalf should be under his supervision. Leadership of the army with this restriction i.e. under the Khalifah’s observation and supervision, is allowed to be given to whomever he wishes. But to take charge of the army without his observation and supervision leaving the Khalifah only as a figurehead, is not allowed. This is because the Khilafah contract has been convened upon him, so he has to take the responsibility for the matters of Jihad. Therefore, what is usually said in the non-Islamic systems is that the head of State is the supreme leader of the army, meaning he is a formal leader only, while another leader runs the army independently, an opinion which is considered invalid in the view of Islam. It is a matter which is not approved by the Shariah, rather, shara obliges the Khalifah to be the actual leader of the army. However for other types of leadership issues like the administrative and technical matters, the Khalifah is allowed to appoint someone on his behalf to carry them out independently, and it is necessary that they be under his actual observation like the leadership. .
此外,使者(ﷺ)亲自统率军队,亲自指挥战役;他也任命了出征军队各支队的指挥官,即那些在他不亲自参与时外出作战的远征队。每次远征,他都会任命一位指挥官;在某些情况下,他还会谨慎地指定,若指挥官阵亡,由谁接替,正如穆塔战役中所发生的那样。布哈里根据阿卜杜拉·本·欧麦尔的传述记载道:
Also the Messenger (PBUH) used to undertake the leadership of the army himself, undertake the leadership of the battles and he also appointed leaders of the divisions of the army which went out for fighting without him, namely the expeditions. For every expedition he used to appoint a commander and in some cases he used to take the precaution of naming who should succeed the commander in case he was killed as happened in the expedition of Mu’ta. Al Bukhari narrated on the authority of Abdullah b. ‘Umar who said: .
“使者ﷺ任命宰德·本·哈里哉为穆塔战役的埃米尔。使者ﷺ说:‘如果宰德阵亡,则由哲耳法尔(任埃米尔);如果哲耳法尔阵亡,则由阿卜杜拉·本·鲁瓦哈(任埃米尔)。’因此,哈里发负责任命各军的统帅、指挥官,为他们系上旗帜,并任命各分队的首领。”
“The Messenger of Allah (PBUH) appointed Zayd bin Harith as an Amir in the battle of Mu’ta. The Messenger of Allah (PBUH) said: “If Zayd is killed, then it will be Ja’far (as the Amir) and if Ja’far is killed then it will be Abdullah b. Ruwahah (as the Amir ).’” So the Khalifah is the one who appoints the leaders of the armies, its commanders, ties for them the flags and appoints the leaders of the divisions. .
所以,被派往叙利亚的军队,如穆塔远征军和乌萨马军队,属于一个旅,其证据是先知(愿主赐他平安)把旗帜系给了乌萨马。另外,在阿拉伯半岛境内作战、之后返回麦地那的远征,例如萨阿德·本·艾比·瓦嘎斯被派往麦加方向的远征,是以师的形式组成的。这表明旅的长官和师的指挥官由哈里发任命。然而,除了军队的统帅和各旅、各师的长官之外,并没有证据表明先知(愿主赐他平安)亲自任命了其他人员,这意味着他将远征中其他职位的任命权交给了各自的统领者。至于负责技术事务的参谋长,他与军队统帅一样,由哈里发任命,可以设为独立职务,不必直接接受哈里发的监督即可履行职责,但他仍须服从哈里发的领导。
So the army which was sent to Syria like the Army of Mu’ta and the army of Usama, was one brigade because the evidence for this is that the Prophet (PBUH) had tied the flag to Usama. Also the expeditions which fought in the Arabian Peninsula and would return back to Madinah such as the expedition of Sa’d bin Waqqas which he sent towards Makkah were in the form of divisions. This indicates that the Amirs of the brigades and the commanders of the divisions are appointed by the Khalifah. However, other than the amirs of the army and brigades of the divisions, it was not proved that the Messenger (PBUH) appointed them. This means he left their appointment in the expedition to their leaders. In regards to the Chief of Staff who is responsible for the technical matters, he is like the army leader in terms of being appointed by the Khalifah and he can be made independent and carry out his duties without being directly supervised by the Khalifah, although he has to be under his command.