12.1 行政体系是一种管理方式,而不是统治。
12.1 The administrative system is a style of administration - not ruling
行政制度是一种用于完成某项任务的方式,也是完成该任务的手段之一,因此它不需要具体的经据。只要有一般性的证据表明其来源即可。若有人说这些方式属于人的行为,因而应当依照天启的律法来进行,那是不对的。原因在于,关于这些行为的证据,是以其根本来源的一般形式出现的。因此,它包括了从该根本分支出来的一切行为,除非有专门针对某一分支行为的天启证据,那时该行为就必须遵循那一证据。例如,安拉(SWT)说:“你们应当完纳天课。” [TMQ At-Tauba: 11]
The administrative system is a style used to perform a task, and is also one of its means, so it does not require specific evidence. It is sufficient for it to have general evidence that indicates its origin. It would be wrong to say that these styles are human actions, which should therefore be conducted according to the divine rules. This is because the evidence for these actions has come with regards to their origin in a general form. Thus it includes all actions that branch out from that origin, unless there is divine evidence that relates to a subsidiary action, in which case the action must follow that evidence. For instance Allah (swt) says; “And pay out the Zakat” [TMQ At-Tauba: 11]
然后出现了关于由此衍生的附属行为的经据,例如尼萨布的数额、收取天课的人员,以及应从哪些类别的财物中征收天课。所有这些都是源自“你们应当完纳天课”的行为。关于收取天课的人应以何种方式征收,并没有相应的经据。例如,他们是骑马去还是步行去?他们是否雇用其他人员协助?他们是否必须设立一个大家汇合的总部?他们是否会有仓库来储存所收取的一切?这些仓库是地下的,还是像粮仓那样建造的?现金形式的天课是用袋子装还是用箱子装?所有这些行为及类似之事,实际上都是源自“你们应当完纳天课”的附属行为。这一般性的经据涵盖了它们全部,因为对它们没有具体的经据;所有的方式都是如此。因此,方式是一种从属于某一行为的行为,即从属于那个有一般性经据的本源。所以,方式本身不需要经据,因为其本源的经据同样可作为它的经据。
, which is a general evidence. Then the evidences came regarding the subsidiary actions which branched out from it, such as the amount of Nisab, the Zakat collectors and the categories of things from which Zakat is to be taken. All these are actions derived from, “And pay out the Zakat.” There are no evidences regarding the manner by which the Zakat collectors have to collect the Zakat. For example, do they go riding or walking? Do they hire other employees to help them or not? Do they have to establish headquarters where they would all meet? Would they have warehouses where they would store everything they had collected? Would these houses be underground or built like grain houses? Would the cash Zakat be collected in bags or coffers? All these actions and the like are, in fact, subsidiary actions originating from “And pay out the Zakat.” The general evidence covers them all, as there are no specific evidences for them; and this is the case with all the styles. Thus, the style is an action subsidiary to an action i.e. to the origin that has general evidence. Therefore, the style does not require evidence, because the evidence of its origin serves as evidence for it as well.
至于行政机构的设立,即设立那些负责管理公民在每项需要行政工作的事务中利益的人员,这应被归类为原生性的行为,而非从属性的行为,因此需要证据。其证据可从先知穆罕默德ﷺ的行为中推导出来,因为他ﷺ曾亲自执行统治与管理。他ﷺ传达了讯息,执行了讯息,并处理了穆斯林的事务。关于传达(Tableegh),这是众所周知的。关于执行,启示降临并命令他ﷺ收取天课(Sadaqah),斩断窃贼的手,惩罚通奸者,鞭笞诽谤者,以及杀死敌人;所有这些都属于执行性的行为。他ﷺ曾亲手摧毁偶像,这也是一种执行,他还派人去移除偶像。他ﷺ在战场上杀敌并俘获战俘,命令人们遵守并建立正义。他ﷺ惩处各种作恶者和叛乱者,并命令人们遵循他ﷺ所带来的一切。所有这些都是执行。
As for the establishment of the administration, i.e. the establishment of those who would manage the citizens’ interests in every utility that needs an administrative work, this would be categorised as an original action and not a subsidiary one; hence it requires evidence. Its evidence is deduced from the actions of the Messenger of Allah (pbuh) as He (pbuh) used to perform the ruling and the administration. He (pbuh) conveyed the message, executed it and discharged the Muslims’ affairs. With regards to the Tableegh (conveying) this is well known. With regards to the execution, the revelation came and ordered Him to collect the Sadaqah, to cut the hand of the thief, to stone the adulterer, to lash the slanderer and to kill the enemy; all of which are executive actions. He used to destroy the idols by his own hand, which is execution, and He would also send people to remove them. He (pbuh) would kill in the battlefield and take prisoners of war, order people to observe justice and established it. He would punish all the various wrongdoers and rebels and order people to adhere to all that He brought to them. All of this is execution.
至于他在管理事务方面的作用,先知(愿主赐福并使他平安)为各个部门建立了行政体系,并任命秘书来主持这些部门的工作。先知(愿主赐福并使他平安)曾在麦地那处理民众的事务,并任命秘书协助他管理各个部门。阿里·本·阿比·塔利卜曾担任誓约和条约的公证人,这是一项行政职务,而非统治职位。阿尔·穆阿伊哈布·本·阿比·法蒂玛负责保管他的官方印章,这同样是行政职务,而非统治职位。布哈里在《历史》中转述,穆罕默德·本·巴沙尔引述其祖父穆阿伊哈布的话说:“安拉的使者(愿主赐福并使他平安)的印章是铁制的,外面包着银,并且一直在我手中。穆阿伊哈布负责安拉的使者(愿主赐福并使他平安)的印章。”穆阿伊哈布·本·阿比·法蒂玛还担任负责战利品和缴获物的秘书。胡宰法·本·叶曼负责征收希贾兹的果实税,阿卜杜拉·本·阿尔卡姆则负责登记各部族及其水源等事务。所有这些都证明,安拉的使者(愿主赐福并使他平安)在担任统治者的同时,也负责行政管理。然而,他(愿主赐福并使他平安)为每一位主管确定了其所被委派的工作类型,例如记录战利品和缴获物,或评估和征收果实税等。但他(愿主赐福并使他平安)并未规定主管们为完成任务所应遵循的具体细节和辅助措施。这种未加规定的做法意味着这些辅助行为属于原则之下的衍生事项。因此,那些受命执行这些任务的人,可以自由选择他们认为合适的方式来完成所分配的工作,并以最有效的方式实现公共利益。
As for his role in managing the affairs, He (pbuh) established a system of administration for the various departments and appointed secretaries to run those departments. He (pbuh) used to run people’s affairs in Madinah and He appointed secretaries to assist Him with the running of the various departments. Ali Ibnu Abi Talib used to be the notary of the oaths and treaties, which was an administrative duty and not a ruling post. Al Mu’ayqib ibnu Abi Fatima was in charge of his official stamp, an administrative duty and not a ruling post. Al-Bukhari reported in the history from Muhammad bin Bashaar from his grandfather Mu’ayqib, who said; “The stamp of the Messenger of Allah (pbuh) was made of iron covered with silver and it was with me (in my hand). Mu’ayqib was responsible for the stamp of the Messenger of Allah (pbuh).” Mu’ayqib Ibnu Abi Fatima was also the secretary in charge of the spoils and booty. Huzayfah Ibnul-Yaman was the collector of fruit levies of Hijaz, and ‘Abdullah Ibnu Arqam was the registrar of tribes and their waters and so on. All this serves as evidence that the Messenger of Allah (pbuh) ran the administration in addition to carrying out his role as a ruler. However, He (pbuh) had determined for each one of those directors the type of task He had appointed them to do, such as recording the spoils and booty, or the assessment and collection of fruit levies or the like. He (pbuh) however, did not specify the subsidiary actions, which the directors would follow to accomplish their tasks. This non-specification meant that those actions are subsidiaries of the origin. Therefore, those people ordered to carry out those tasks would have been free to choose any styles they wished in order to accomplish the tasks assigned to them and discharge the interests in the most effective way.