12.2 处理利益事务属于治理职责的一部分
12.2 Discharging of interests is part of ruling affairs
处理民众利益属于管理事务的一部分。这是哈里发的职责,因此他有权采用其认为合适的任何行政方式,并使之具有约束力。哈里发有权制定行政法规与制度,并强制民众执行。这些属于派生性的行为,哈里发有权要求民众依照其执行。民众必须服从他的命令,因为这是对其所采纳的某一规则之派生事项的执行。执行其中之一即意味着放弃其他。这与采纳神圣律法的情形完全相同,应当以同样的方式对待。有人说这些方式属于允许的(Mubah),任何人都有权采用其所愿的任何方式,这是错误的。因为如果哈里发规定某一允许之事并禁止另一允许之事,那就等于禁止了允许之事。这种说法是错误的,因为哈里发采用某种方式,并不是把某个允许之事变为强制,并禁止另一允许之事,而只是在Shar'a赋予他的权力范围内行事。这些权力之一便是采纳神圣的律法以及有助于执行这些律法的方式。赋予他采纳律法之权威的职权,同样允许他采纳有助于履行这些律法的方式。因此他有权采纳这些方式,而其臣民必须遵守他所采纳的方式,若他禁止,则不得使用其他方式。这类允许性的行为,即用于料理民众事务的行为。因此,哈里发为管理民众事务而采用这些方式是允许的,因为监护之责属于他。对普通民众而言,采用这些方式则不属于允许之事,因为他们并不拥有监护之权。由此可见,遵守哈里发所采纳之方式的义务,源于服从他的义务,而非源于将允许之事变为强制。
Discharging the interests is part of running the affairs. This is the duty of the Khaleefah, who therefore reserves the right to adopt any administrative style He wishes and make it binding. The Khaleefah has the right to enact the administrative laws and systems and oblige people to implement them. These are subsidiary actions and the Khaleefah is allowed to oblige the people to act in accordance with them. The people must obey his orders, as this is an enforcement of the subsidiaries of a rule that He has adopted. Enforcement of one of them means abandoning others. This is exactly the same as the adoption of divine rules and should be treated in the same manner. It is an error to say that these styles are permitted (Mubah) and any person is entitled to adopt any style He wishes, so if the Khaleefah imposed a Mubah and prohibited another, He would be forbidding the Mubah. This is an error because, by adopting a certain style, the Khaleefah would not be making a Mubah compulsory and forbidding another Mubah, He would merely be acting within the rights given to Him by Shar’a. One of these rights is the adoption of divine rules and styles that help to perform them. The mandatory powers that allow Him to adopt the rules also allow Him to adopt the styles that would help Him to perform such rules. He is therefore entitled to adopt them, and his subjects must abide by what He has adopted and not use other styles if He prevented them from doing so. This type of Mubah action is that used to look after people’s affairs. It is therefore Mubah (permissible) for the Khaleefah to adopt it for running people’s affairs because the guardianship is his duty. Adopting such styles would not be Mubah for the people at large for they do not have the mandate of guardianship. Thus the obligation of abiding by what the Khaleefah has adopted is because of the obligation of obedience to Him and not because of making the Mubah compulsory.