既然公正的条件适用于证人,那么它作为任命哈里发的条件就更加适用,因为哈里发的地位比证人更高。
So if the condition of justice applies to a witness, it obviously applies even more as a condition for appointing of a Khalifah since the Khalifah is in an even greater position than the witness.
6. 他必须是自由人。奴隶属于其主人所有,因此他没有处置自身的权力,更无权处理他人的事务,自然也就不能执掌对民众的统治。
6. He must be free. The slave is possessed by his master, so he does not have the authority to dispose of his own self. So, by greater reason, he cannot conduct the affairs of others and so cannot take charge of ruling over the people.
7. 他必须有能力承担哈里发的职责:这是因为这属于效忠誓约(bay'ah)的要求之一,因此,向一个没有能力承担哈里发职责的人效忠是无效的。这些是缔结哈里发职位的条件。除这七项条件之外的任何其他条件,都不适合作为缔约条件,尽管它们可能属于优选条件,前提是它们源自可靠的经文,或者属于由可靠经文所证明的某项律法规定。这是因为,要使某个条件成为缔约条件,其证据必须包含明确的强制性要求,从而使其成为义务性的含义。因此,如果证据中不包含明确的强制性要求,那么该条件就属于优选条件,而非缔约条件。除上述七项条件外,没有任何包含明确强制性要求的证据被记载,所以这七项才是唯一的缔约条件。可靠证据中提到的其他条件只是优选条件。
因此,哈里发必须是穆贾提希德(mujtahid,独立法学家)并非缔结哈里发的条件,因为关于此事没有可靠的经文依据;同时,哈里发的职责是治理,他不一定需要自行进行伊吉提哈德(ijtihad),因为他可以询问教法规定,遵循某位穆贾提希德,并依照该穆贾提希德的见解制定法律。因此,他没有必要成为穆贾提希德,尽管这样更为可取;但即使他不是穆贾提希德,哈里发的职位依然可以授予他。
同样,勇敢、或具有良好远见以管理民众事务和维护其利益,也不是缔结哈里发的条件。这是因为没有可靠的圣训记载此问题,它也不属于使其成为缔约条件的沙里尔(shar'i)律例;不过,哈里发具备勇敢和深远的洞察力与远见,是更为可取的。
7. He must be capable to undertake the responsibilities of the Khilafah: This is because this is from the requirements of the bay’ah and therefore the bay’ah to one incapable to undertake the responsibilities of the Khilafah is invalid. These are the conditions of contracting the Khalifah to the Khilafah. Anything other than these seven conditions are not suitable to be a contracting condition though they may be from the conditions of preference if they are produced from sound texts, or if they came under a hukm proven by a sound text. This is so because in order for condition to be a condition of contract, its daleel should include a decisive demand that becomes a connotation for its obligation. So if the evidence does not include a decisive demand, then the condition is one of preference and not of contracting. No evidence including a decisive demand was reported other than these seven conditions, so they are alone the conditions of contract. Other conditions included in sound evidences are conditions of preference only. Therefore, it is not a condition of contract to the Khilafah that the Khalifah must be a mujtahid because there is no sound text on the matter, and also because the duty of the Khalifah is to rule and he does not necessarily need to make ijtihad since he can inquire about the hukm, follow a mujtahid and adopt laws according to the opinion of that mutjahid. It is therefore not necessary for him to be a mujtahid, although it is preferable; but if he were not a mutjahid, the Khilafah would still be contracted to him. Also it is not a contracting condition to the Khilafah that the Khalifah must be brave, or of the people of good vision to manage the affairs of the community and to conduct its interests. This is so because no sound hadith was reported on this issue and it does not come under a hukm shari’ which makes it a contracting condition; although it is preferable that the Khalifah be brave and carry deep insight and vision.
此外,哈里发的职位并不以哈里发必须出自古莱什部落为缔约条件。至于传自穆阿维叶的那段话,他说:我听到安拉的使者ﷺ说:
Also it is not a contracting condition for the Khilafah that the Khalifah must be from the Quraish. As for what was reported from Mu‘awiya that he said: I heard the Messenger of Allah (saw) saying: