立法者(即真主)明确规定了统治者应承担的一般性义务,毫无含糊或混淆之处。他阐明了统治者的责任:既包括他作为统治者个人所负有的义务,也包括他与民众关系中所应履行的职责。

The Legislator (i.e. Allah) fixed the obligatory general responsibilities upon the ruler explicitly without leaving any area for obscurity or confusion. He clarified the ruler’s responsibilities in relation to what is obligatory upon him in his personal capacity as a ruler, and his responsibilities in respect of his relationship with the citizens.

至于统治者以其个人身份作为统治者所应承担的责任,在圣训中已经明确,先知(saw)在那些圣训中阐明了统治者的一些品质。其中最显著的是力量、敬畏真主(taqwa)和仁慈,并且他不应是令人厌恶的人。先知ﷺ认为统治者必须有力量,而软弱的人不适合担任统治者。穆斯林圣训集载有阿布·al-达尔(ra)的传述:真主的使者ﷺ说:

As for the ruler’s responsibilities in his personal capacity as a ruler, they are clear in the ahadith in which the Messenger (saw) clarified some of the ruler’s attributes. The most apparent of them are strength, consciousness of Allah (taqwa) and kindness, and that he should not be one who causes aversion. The Messenger (saw) opined that the ruler must be strong, and that the weak person is not suitable to become a ruler. Muslim narrated from Abu Dharr (ra) that the Messenger of Allah (saw) said:

穆斯林也转述了艾布·扎尔的话，他说：

Muslim also narrated from Abu Dharr who said:

所谓力量，指的是人格的力量，即理智与情感上的力量。这种理智必须是主导性的理智，借以理解事物与各种关系；他的情感气质（nafsiyya）则应当像一位统治者，明白自己是统治者，从而以首领的命令来引导自己的倾向。由于人格的力量本身蕴含着支配与权威的潜能，显然需要统治者具备一种能够保护他免受权威之害的品质。因此，他必须在自身之中具备敬畏之心（taqwa），并在照顾乌玛时也具备这一品质。穆斯林与艾哈迈德从苏莱曼·本·布赖达从其父亲处所传：

The meaning of strength here is strength of personality i.e. intellectual and emotional strength. It is necessary that this intellect be the ruling intellect by which he understands matters and relationships, and that his emotional disposition (nafsiyya) be that of a ruler who understands that he is a ruler so he directs his inclinations with the command of an Amir. Since the strength of the personality has within it the potential of domination and authority, there is an obvious need that the ruler has an attribute which protects him from the evil of authority. So it is necessary that he has the attribute of taqwa within himself and in his taking care of the Ummah. Muslim and Ahmad from Sulayman bin Buraydah from his father:

统治者如果敬畏真主(SWT)，畏惧祂，并在内心深处，无论隐秘还是公开，都时刻向真主清算自己，那么这会阻止他奴役臣民。然而，敬畏之心并不能使他避免严厉与苛刻，因为他在清算自己时，只会将自己限定在真主的命令与禁令之内。而且，既然他是统治者，身处其位，严厉和强硬本是自然之事，正因如此，立法者(Ash-Shari’)命令他对臣民要温和友善，不可敌视。 阿伊莎传述：她说：我在我的房中听到真主的使者ﷺ说：

The ruler, if he is conscious of Allah (swt) and fears Him, and accounts Him in his own soul secretly and openly, then this would stop him from enslaving the citizens. However, the taqwa would not prevent him from harshness and severity since in his taking account of Allah he would restrict himself to His commands and prohibitions. And since he is a ruler, it is natural in his position to be severe and hard, and because of this the Legislator (Ash-Shari’) commanded him to be friendly and not to be hostile to the citizens. From Aisha who said: I heard the Messenger of Allah (saw) saying in his house of mine:

他也命令人要做报喜的人,而不是驱赶人远离的人。据艾布·穆萨传述,他说:当安拉的使者ﷺ派他的某位同伴去办某些事务时,他会对他说:

He also commanded to be the one who gives glad tidings and not the one who repels people away. It has been narrated from Abu Musa who said: When the Messenger of Allah (saw) sent one of his companions in some of his affairs, he would say to him:

这涉及统治者人格中所必须具备的品质。至于他与臣民的关系，立法者命令他以善意的劝导普遍关怀臣民，警告他不得以任何方式触碰公共财富，并强制他只依伊斯兰进行统治，不得将其与其他任何事物相混杂。真主(SWT)禁止不以善意劝导臣民、或在任何事上背叛他们的统治者进入天堂。据穆阿基勒·本·雅萨尔传述，他说：我听见先知ﷺ说：

This is in relation to what is obligatory for the ruler to have within his personality. As for his relationship with the citizens, the Legislator commanded him to encompass the citizens with good advice, warned him not to touch the public wealth in any way, and compelled him to adhere to ruling by Islam alone without associating it with anything else. Verily Allah (swt) prohibited Paradise to the ruler who does not encompass his citizens with good advice or betrays them in anything. From Mu’aqqil bin Yasar who said: I hear the Prophet (saw) saying:

他（Al-Bukhari）还转述了Mu’aqqil bin yasar的话，他说：我听到真主的使者ﷺ说：

He (Al-Bukhari) also narrated from Mu’aqqil bin yasar who said: I heard the Messenger of Allah (saw) saying:

穆斯林传述，穆阿基勒说：

Muslim narrated from Mu’aqqil who said:

我听见真主的使者ﷺ说:

I heard the Messenger of Allah (saw) saying:

据艾布·赛义德传述：安拉的使者ﷺ说：

And it has been reported from Abu Said: The Messenger of Allah (saw) said:

信使明确而严厉地强调，统治者应当为民众尽心竭力，以良好的劝诫包围他们，这说明了统治者对民众所负责任之重大。至于触碰公共财富，他对此提出警告，且态度严厉。因此，当他在某位总督身上看到这种行为时，便对其严加斥责，并就此事向民众发表讲话。据艾卜·哈米德·阿斯-萨伊迪传述，先知ﷺ曾任命伊本·鲁图宝为素拉姆部落的天课征收官。他返回先知ﷺ那里进行汇报时，说：“这是属于你们的，这是别人赠送给我的礼物。”于是，安拉的使者ﷺ说：

The Messenger has clearly & severely emphasised exerting effort on behalf of the citizens and encompassing them with good advice which clarifies the high level of responsibility (of the ruler) over them. As for touching public wealth, he warned about this and was severe in this warning. So when he saw this in one of his governors he was harsh with him and spoke to the public about this matter. It has been reported from Abu Hamid As-Sa’idi that the Prophet (saw) appointed ibn Al-Luttaybah over the sadaqat of Banu Sulaym. When he returned to the Messenger of Allah (saw) who accounted him, he said: This is what is for you and this is a gift given to me. So the Messenger of Allah (saw) said:

于是安拉的使者(saw)站起来对众人讲话。他赞颂安拉(swt)，并称颂祂，然后说道：

Then the Messenger of Allah (saw) stood and spoke to the people. He praised Allah (swt) and extolled Him, then said:

这暗指真主对他的清算和对他行为的惩罚，这是对统治者的严厉警告：绝不可以以任何方式触碰公共财产，即便是通过任何解释或教令也不行。

This is an allusion to Allah’s accounting him and punishing him over his action, which is a severe warning to the ruler not to touch the public wealth in any way whatsoever including through any interpretation or fatwa.

关于统治者所应遵循的治理准则，立法者对此作出了限定，并强制他依照安拉的《古兰经》和使者的圣行治理。立法者赋予他在这两者之内进行伊スティハード（ijtihad）的权利，并禁止他寻求伊斯兰教之外的准则，或采纳伊斯兰教之外的任何法则。至于将治理限定于《古兰经》和圣行，这一点在古兰经经文中有明确的依据。安拉（SWT）说：

In relation to the rules by which the ruler is obliged to rule with, the Legislator has restricted this and compelled him to rule by the Book of Allah and the Sunnah of His Messenger (saw). It gave him the right to perform ijtihad in both of them, and forbade him to seek from other than Islam or to ever adopt from other than Islam. As for restricting the rule to the Book and the Sunnah, this is explicit from the Qur’anic ayat. Allah (swt) said:

And:

And:

And:

And:

这意味着将统治权限制在真主所启示的范围之内。真主启示给祂的使者穆罕默德ﷺ的，就是高贵的《古兰经》（其文字与含义皆是），以及《圣训》（仅含义，而非文字）。因此，统治者的统治受限于《古兰经》和《圣训》的范围之内。立法者允许他对《古兰经》和《圣训》进行伊智提哈德，即努力理解二者并从中推导出律例。据传，使者ﷺ派穆阿兹前往也门，并对他说：

This means limiting the rule to what Allah revealed, and that which Allah revealed to His Messenger (saw), our master Muhammad (saw), is the Noble Qur’an in wording and meaning and the Sunnah in meaning not wording. Therefore the ruler is restricted in his rule within the limits of the Book and Sunnah. The Legislator permitted him to perform ijtihad upon the Book and Sunnah i.e. exerting effort to understand and deduce rules from both of them. It has been narrated that the Messenger (saw) sent Mu’adh to Yemen and said to him:

他给予统治者奖赏,如果他在伊吉particular(ijtihad)中犯了错误,由此鼓励他进行伊吉particular，并使他远离拘泥于仅仅表面文本(的含义)。布哈里从阿慕尔·本·阿斯那里传述,他听到安拉的使者ﷺ说:

He gave the ruler a reward if he made a mistake in ijtihad, thereby encouraging him to perform ijtihad and keeping him far away from (sticking) rigidly to the merely apparent (meaning of the) texts. Al-Bukhari narrated from Amr bin Al-‘Aas that he heard the Messenger of Allah (saw) saying:

Shar'a（伊斯兰教法）在限定统治者所依据的律法时，做出了极为严格的规定，要求统治必须以伊斯兰为依据，不得依据其他任何东西。尽管伊斯兰教法赋予统治者进行伊智提哈德的权利，即便他可能出错，但它在限定以伊斯兰进行裁决方面十分严格，并禁止他依据其他任何东西进行裁决。更甚者，它还禁止他就统治问题去询问伊斯兰以外的东西，或将不属于伊斯兰的东西与伊斯兰相提并论。安拉（SWT）对先知穆罕默德ﷺ说道：

The Shar’a exaggerated in restricting the rules by which the ruler rules as being (from) Islam and nothing else. Despite giving the ruler the right to peform ijtihad even if he errs, it was strict in restricting the ruling by Islam and prohibited his ruling by anything else. Rather, it even prohibited him asking about the ruler from other than Islam or that he associates with Islam anything not from it. Allah (swt) said addressing the Messenger (saw):

而祂(SWT)说:

And He (swt) said:

“对使者（SWT）的讲话，也是对他的乌玛（Ummah）的讲话，因此这也是对每一位统治者的讲话。穆斯林辑录，传自阿伊莎（ra）的话：安拉的使者ﷺ说：” Note: I followed the rules as given: ﷺ placed after the Prophet's mention, (SWT) kept as written, and honorifics like (ra) kept as they appear in the original.

The speech to the Messenger (swt) is the address to his Ummah so this is an address to every ruler. Muslim narrated from Aisha (ra) who said: The Messenger of Allah (saw) said:

而在另一则圣训中

And in another narration

而且布哈里传述道:欧拜都拉·本·阿卜杜拉说,伊本·阿拔斯(ra)说:

And Al-Bukhari narrated from Ubaidullah bin Abdullah that ibn Abbas (ra) said:

这里说明了统治者必须依据的限制：它将他在律法方面的职责限定为依照安拉所降示的（经典）进行统治。

This hereby clarifies the restriction by which he (the ruler) is obliged to rule by; it restricted his responsibility in the rules to the rule by what Allah (swt) revealed.

这些加在统治者身上的义务表明，立法者清楚地划定了公共职责，这些职责是加在统治者作为统治者这一身份之上的，无论他是哈里发，还是哈里发的助手、总督（wali）或官员（‘amil）。他们都是统治者，都受这些职责的约束。因此，如果这些是总督、领导者以及其他统治者的职责，那么它们也就是哈里发的职责。既然这些职责对领导者是义务，那么对承担更大责任的人，理应更加是义务。此外，还有一些泛指的圣训，针对的是所有管理穆斯林事务的人，无论是哈里发还是总督。先知ﷺ的话是：

These obligatory responsibilities upon the ruler show that the Legislator delineated the public responsibilities clearly and these responsibilities are upon the ruler as a ruler irrespective of his being a Khalifah or his assistant, governor (wali) or official (‘amil). All of them are rulers and they are bound by these responsibilities. Therefore if these are the responsibilities of the governors and leaders, and others among the rulers, then they are the Khalifah’s responsibilities. Since they are obligatory upon the leader therefore they are obligatory upon the one bearing the greater burden by greater reason. Moreover, there are general ahadith addressing whoever oversees an affairs among the Muslims’ affairs, whether a Khalifah or a governor. The Messenger’s statement:

他的这句话：

And his statement:

而安拉的经文说:

And Allah’s statement:

这些经文和圣训都使用了涵盖总督与哈里发的通称。对先知（愿主赐福并使他平安）的训诫，也就是对每一位统治者的训诫，无论他是哈里发还是总督。此外，先知（愿主赐福并使他平安）在圣训中以明确的文字阐明了哈里发对其臣民的责任，这些圣训阐明了那些一般性的责任。布哈里辑录，阿卜杜拉·本·欧麦尔（愿主喜悦之）传述：安拉的使者（愿主赐福并使他平安）说：

All these came with general words covering the governor and covering the Khalifah. And the address to the Messenger (saw) is the address to every ruler, whether Khalifah or governor. Additionally, the Messenger (saw) clarified the Khalifah’s responsibility to his citizens textually in the hadith which clarified the general responsibilities. Al-Bukhari narrated from Abdullah bin Umar (ra) that the Messenger of Allah (saw) said:

他使哈里发对其臣民承担总体责任。因此，这些总体责任如同针对领导者那样，加诸哈里发身上。

He made the Khalifah responsible with a general responsibility over his citizens. Therefore the general responsibilities are imposed upon the Khalifah as they are concerning the leader.

立法者通过劝诫（tawjeeh）和立法，全面保障了统治者履行这些公共职责的义务。就劝诫而言，立法者警告统治者，若他疏忽懈怠、未能履行职责，将面临真主的惩罚。他also阐明，如果一个能力不足、无法胜任所担任之事的弱者承担了统治之职，将会蒙受羞辱和悔恨。先知ﷺ祈求真主严惩那些苛待伊斯兰民众的人，真主也禁止不以善言劝导民众的人进入天堂，此类警告等，都向统治者昭示了他若未能履行职责将会面临的结局，即真主的惩罚。然而，伊斯兰教法并不止于此，还让民众也对统治者的履职负有责任：若统治者未能尽责，或在其事务中犯罪，民众必须谴责他。甚至，若统治者不以伊斯兰教法统治，教法还命令民众以刀剑与其作战，使其成为明显的叛教；而在谴责统治者的途中死去的人，则被视为烈士之长。先知ﷺ说：

The Legislator has completely guaranteed the ruler’s performance of burdens of these public responsibilities via guidelines (tawjeeh) and legislation. As for the guidelines (tawjeeh), He warned the ruler of Allah’s punishment if he neglected and failed to fulfill his burdens. He clarified that there is disgrace and regrets if the weak person who could not fulfill what is imposed upon him undertook it (the rule), the Messenger (saw) asked Allah that He (swt) be severe to the one who is severe upon the Islamic Ummah and Allah prohibited Paradise for who does not encompass the Ummah with good advice among other warnings which demonstrated to the ruler his end if he failed to fulfill his responsibilities i.e. the punishment of Allah. However, the Shar’a was not satisfied with this but also made the Ummah responsible for the ruler’s performance of his responsibilities; it compelled them to denounce him if he fell short of fulfilling his responsibilities or sinned in his transactions. And it even commanded the Ummah to fight him by the sword if he ruled by other than Islam so that it became open disbelief, and made the one who dies in the way of denouncing the ruler the prince of martyrs. He (saw) said:

它使得那些乐于接受统治者的疏忽并追随他的人，要在安拉（SWT）面前承担责任，也不能免于祂（SWT）的惩罚。穆斯林（圣训学家）记载，乌姆·赛莱麦（愿安拉喜悦她）传述：安拉的使者ﷺ说：

It made the one who is pleased with the ruler’s neglect and follows him (upon that) accountable before Allah (swt) and not safe from His (swt) punishment. Muslim narrated from Umm Salamah that the Messenger of Allah (saw) said:

另一段传述中说：

And in another narration:

这段叙述是对第一段圣训的解释。关于他的这句话：

This narration explains the first narration. About his statement,

谁若清楚地认识到某件恶行（munkar），使其对他不再模糊，他便找到了一条途径，可以借由以手或以舌改变它而免于自己的罪过与惩罚；若他力量太弱，则以心憎恶它。”以及他的说法：

The one who knows the munkar such that it is not ambiguous to him has found a path to innocence from his sin and punishment by changing it by his hand or tongue; and, if he is too weak, then hating it by his heart.” And his statement:

即，无力以手和舌改变它、只在心中加以拒斥的人，就不会因此与他们一同犯罪。

I.e. the one who is unable to change it by his hand and tongue and rejects it by his heart is safe from associating with them in the sin

即,那些对其行为感到满意并追随其行为的人,既非无罪,也非安全。在这段圣训中,使者ﷺ命令对统治者加以反对,并以一切可能的方式责成反对,即先用手,条件是不得达到战斗的程度;其次用舌头,或以任何方式,即用言语;如果他太弱,无法用手或舌头,则用心。他将不反对的人视为统治者在罪恶中的同伙,因为他说:那些对其所作所为感到满意并追随之的人,既非无罪,也非安全于罪恶。然而,这种反对仅限于他们行为错误但仍依伊斯兰统治的情况。如果他们放弃施行伊斯兰,转而施行kufr的律法,那么沙里亚并不满足于仅以手、舌和心加以反对,而是规定改变其所作所为,或改变他们(统治者)的方式是剑和战斗。在穆斯林所传的乌姆·赛莱麦圣训中,

I.e. the one who is pleased by their action and follows them in acting upon it is neither guiltless nor safe. In this hadith the Messenger (saw) commanded rejecting against the ruler and obliged it through any means possible by the hand on condition that it does not reach fighting i.e. less than the sword or the tongue in any way whatsoever i.e. by words or by the heart if he is too weak to use the hand or tongue. He considered the one who does not reject a partner to the ruler in sin when he said that the one who is pleased by what they do and follows upon that is neither guiltless nor safe from sin. However this rejection is only when they act wrong but still rule by Islam. If they leave the implementation of Islam and implement the rules of kufr, the Shar’a is not satisfied with mere rejection by hand, tongue and heart but it rather made the method of changing what they do, or them (the rulers), the sword and fighting. In the hadith of Umm Salamah which was narrated by Muslim,

在穆斯林所辑录的奥夫·本·马立克的圣训中，

And in the hadith of Awf bin Malik which was narrated by Muslim,

据传有人说道：

And in a narration they said:

在《布哈里圣训集》中，有来自欧拜德·本·赛米特的记载，他说：

And in Al-Bukhari from Ubadah bin As-Samit who said

对这段圣训的理解是：如果我们看到统治者明显地公然不信，我们就要与掌权者争论；如果他们不在我们中间建立拜功，我们就要以刀剑与之争斗并予以讨伐。这里所说的"不在我们中间建立拜功"，就对统治者而言，是一种委婉的说法（kinayah），指以伊斯兰治理。只要他们以伊斯兰治理，就不存在争斗、反对或争论。如果他们以非伊斯兰的制度治理，那么在那一刻就有义务与他们作战、反对并与之争论。如此，伊斯兰已经完整地保障了公共责任的履行。

The understanding of this hadith is that we dispute the authority with those who possess it if we see open disbelief, and that we dispute with them by the sword and fight them if they do not establish the prayer over us. This, in relation to the ruler, is a metaphoric expression (kinayah) for ruling by Islam i.e. as long as they rule by Islam then there is no fighting, opposition or dispute. If they rule with other than Islam, then it is obliged at that very time to fight, oppose and dispute with them. In this way, Islam has completely guaranteed the execution of the public responsibilities.