12.5 符合担任公务员条件的人
12.5 Those who are eligible to be civil servants
任何拥有公民身份且具备胜任能力的人,无论男女、信仰穆斯林还是非穆斯林,均有资格被任命为任何行政部门的主管,或在该部门担任雇员。这是从雇佣(Ijara)的规则中得出的,雇佣任何人,无论其是穆斯林还是非穆斯林,都是被允许的。这是因为关于雇佣的证据是以一般形式出现的。安拉(SWT)说:{如果她们为你哺乳,你就应当给她们报酬。} [TMQ At-Talaq: 6]
Anyone who holds citizenship and is competent, man or woman, Muslim or non-Muslim is eligible to be appointed as a director of any administrative department or to be an employee in it. This is taken from the rules of hiring (Ijara) where it is permitted to hire any person whether Muslim or non-Muslim. This is because the evidences for hiring are in general form. Allah (swt) says; “And if they suckled for you, do give them their wage.” [TMQ At-Talaq: 6]
这是一般性的证据。布哈里从艾布·胡莱赖传述,先知(ﷺ)说:“安拉(SWT)说:‘我将在复生日与三种人对质……还有一个人雇用了工人,已从他那里获得了工作,却没有给他工钱。’”这一证据同样是一般性的。 先知(ﷺ)本人曾雇用一位来自白努·达伊勒部落的非穆斯林,这表明雇用非穆斯林与雇用穆斯林一样是被允许的。依据证据的普遍性,雇用女性与雇用男性一样也是被允许的。因此,女性可以担任政府部门的负责人或该部门的雇员,非穆斯林也可以担任政府部门的负责人或该部门的雇员,因为他们都是受雇人员,而关于雇用的证据是一般性的。至于在任用中要求具有公民身份,这是因为公民受法律的实施约束,而法律并不适用于不具有公民身份的人,即那些不定居在伊斯兰土地上的人,即使他们是穆斯林。这是因为先知(ﷺ)在指示军队统帅时说道:
This is general evidence. Al-Bukhari narrated from Abu Hurairah from the Messenger of Allah (pbuh), who said; “Allah (swt) said; I will challenge three people on the day of Judgement... and a man who employed a labourer, He received from Him (the work) but did not give Him his wage.” This evidence is also general. The Messenger of Allah (pbuh) himself once hired a man from Banu Ad-Deel who was a non-Muslim, which indicates that it is permitted to hire a non-Muslim just as it is to hire a Muslim. It is also permitted to hire a woman just as it is to hire a man, following the generality of the evidences. Therefore, it is permitted for a woman to be a director of a government department or to be one of its employees, and it is permitted for a non-Muslim to be a director of a government department or an employee in that department, for they are all hired staff, and the evidences about hiring are general. As for the requirement of citizenship in employment, this is because the citizen is subject to the implementation of the rules, and the rules are not implemented on those who do not hold the citizenship, i.e. those who do not settle in the Islamic land even if they were Muslims. This is because the Messenger of Allah (pbuh) said while instructing the Ameer of the armed forces:
“然后要求他们从自己的土地迁往穆哈吉尔的土地,并告知他们,如果这样做,他们将享有与穆哈吉尔相同的权利,并承担相同的义务。” [Narrated by Muslim, by way of Buraydah]
“Then ask them to move from their land to the land of the Muhajireen, and inform them that if they did so they would enjoy the same rights as the Muhajireen and would be subject to the same duties.” [Narrated by Muslim, by way of Buraydah]
这意味着,如果他们不迁移,他们就不会享有同样的权利,也不一定承担同样的义务,即便他们是穆斯林。这里所指的人,是适用这些规定的对象;否则,根据关于雇佣的证据具有普遍性,雇用不具有公民身份的人本应是被允许的。
This means that if they did not move they would not have the same rights and they would not necessarily have the same duties, even if they were Muslims. The persons referred to here are those upon whom the rules are implemented; otherwise it would have been permitted to hire those who do not hold citizenship due to the generality of the evidence about hiring.