2.3 伊斯兰统治制度的形态并非共和制
2.3 The shape of the Islamic ruling system is not republican
伊斯兰统治体制的形式并非共和制。共和制建立在民主之上,主权归于人民。因此,人民拥有统治权和立法权,并保有任命统治者和罢免统治者的权利。他们保有制定宪法、颁布法律的权利,也保有废除、更改或修订宪法与法律的权利。
The shape of the Islamic ruling system is not republican. The republican system is based on democracy, where sovereignty is given to the people. Thus, the people have the right of ruling and legislation, and they reserve the right to appoint the ruler and remove him. They reserve the right to lay down a constitution and enact laws and to abolish, alter or modify both the constitution and the laws.
相比之下,伊斯兰的统治制度建立在伊斯兰信仰(’aqeedah)和沙里亚律法之上。主权属于安拉的沙里亚(Shar'a),而非乌玛(Ummah)。因此,乌玛无权立法,哈里发(Khaleefah)同样无权立法。唯一的立法者是安拉(SWT),哈里发仅有权采纳源自安拉经典(Book of Allah)和其使者(Messenger)的圣行(Sunnah)所推导出的律例,用以制定宪法和条例。此外,乌玛无权罢免哈里发;罢免他的是沙里亚。然而,乌玛有权任命他,因为伊斯兰将权威和权力赋予了乌玛,所以她被赋予了选择并向其所愿之人效忠(Bay'ah)的权威和权力。
In contrast, the Islamic ruling system is based on the Islamic ‘aqeedah and on the Shari’ah laws. The sovereignty is to the Shar’a of Allah (swt) and not to the Ummah. So the Ummah has no right to legislate nor does the Khaleefah. The sole legislator is Allah (swt), and the Khaleefah has the right only to adopt rulings for the constitution and cannons that are derived from the Book of Allah (swt) and the Sunnah of His Messenger (swt). Also the Ummah has no right to remove the Khaleefah; what removes him is the Shar’a. However, the Ummah has the right to appoint him, for Islam gave the authority and power to her, so she has been given the authority and power to select and give the Bay’ah to whomever she wishes.
在共和制的总统制中,共和国总统拥有国家元首的法定权力。他的内阁中没有总理,而是设有国务卿,如美国那样。在议会制中,总统之上设有总理,法定的统治权掌握在部长内阁手中,而非共和国总统手中,如德国那样。
In the Presidential form of the Republican system, the president of the republic holds the mandatory powers of the head of state. He does not have in his cabinet a prime minister, but secretaries of state, as in the United States. In the parliamentary form, the president has a prime minister, and the mandatory ruling powers are in the hands of the ministerial cabinet not the president of the republic, as in Germany.
在哈里发制度中,没有部长,也没有如民主制度那样与哈里发共同工作的部长会议。在民主制度里,部长各自掌管特定的职权,并拥有其本身的法定权力。哈里发则设有穆阿维努(Mu’awinoon),由他任命,协助他履行哈里发的职能、承担哈里发的职责。他们是受委托的辅助者和执行助手。哈里发以国家元首的身份统率他们,而不是以总理的身份,也不是以行政机构首长的身份。哈里发没有与他共事的部长会议,因为他本人拥有全部法定权力,而助手们只是协助他执行这些法定权力。
In the Khilafah system there are no ministers, nor a council of ministers working with the Khaleefah, as is the case in the democratic system, where ministers have special portfolios and mandatory powers of their own. Instead the Khaleefah has Mu’awinoon whom he appoints to assist him in assuming the functions of the Khilafah and discharging its duties. They are delegated and executive assistants. The Khaleefah heads them in his capacity as the head of state and not a prime minister, nor as a head of an executive body. The Khaleefah has no council of ministers working with him, since he has all the mandatory powers and the assistants merely help him in executing his mandatory powers.
此外,在共和制的两种形式——总统制和议会制中,总统都要对其人民及人民的代表负责。由于共和制中的主权属于人民,因此人民及其代表有权罢免他。
Besides, in both types of the republican system, the presidential and parliamentary, the president is accountable to his people and their representatives. The people and their representatives have the right to remove him since the sovereignty in the republican system belongs to the people.
这与信士的领导权(伊玛目)相悖。信士的领袖(埃米尔)须对乌玛及其代表负责,并接受乌玛及其代表的问责。然而,乌玛及其代表无权罢免他。只有当他违反沙里亚,以致其罢免成为义务时,才可罢免他,而这一裁决唯有"不义行为法庭"有权作出。
This is contrary to the Imarah of the believers. The Ameer of the believers is responsible before the Ummah and her representatives and is accountable to the Ummah and her representatives. Nonetheless the Ummah and her representatives have no right to remove him. He can only be removed if he violates the Shar’a in a way that his removal becomes obligatory, the Court of Unjust Acts alone is the one that decides this.
在共和制下,无论是总统制还是议会制,总统的任期都是固定的,不得超过。
In the republican system, whether it is presidential or parliamentary, the term of the presidency is fixed and cannot be exceeded.
然而,哈里发制度并不规定哈里发的任期。哈里发的任期取决于他对沙里亚的执行情况。只要哈里发在执行源自安拉之书和祂的使者之Sunnah的伊斯兰律例,他就仍然是哈里发,无论他的哈里发任期持续多久。如果哈里发违背沙里亚,偏离执行伊斯兰律例,那么即使他只任职一个月或一天,其任期也将终止,在这种情况下他必须立即被罢免。
Whereas, the Khilafah system does not determine the Khaleefah’s term of office. This is rather determined by his implementation of Shar’a. So long as the Khaleefah is implementing the rules of Islam, that are derived from the Book of Allah, and the Sunnah of His Messenger, he remains a Khaleefah, regardless of how long his Khilafah term lasts. If the Khaleefah violated the Shar’a, and deviated from implementing the rules of Islam, his term in office would be terminated even if it were one month or one day; and he must in this instance be removed immediately.
我们由此得出结论:哈里发制度与共和制度之间,以及哈里发与共和国总统之间,存在巨大的差异。
We conclude, therefore, that there is a great difference between the Khilafah system and the republican system and between the Khaleefah and the president of a republic.
因此,绝对禁止宣称伊斯兰制度是共和制度,或使用“伊斯兰共和国”这一名称,因为这两种制度所奠基的原则之间存在着巨大的矛盾,此外,二者在形式和细节上也存在差异。
It is, therefore, absolutely forbidden to claim that the Islamic system is a republican system, or to use the term ‘Islamic Republic’, for there exists a great contradiction between the foundations upon which the two systems are founded, in addition to the difference between them in there shape and details.