4 国家的结构
4 The structure of the state
国家建立在八根支柱之上:
The state is founded on eight pillars:
1) 哈里发,
1) The Khaleefah,
2) 受托的助手,
2) Delegated Assistants,
3) 执行的助手们,
3) The Executing Assistants,
4) 圣战之埃米尔,
4) The Ameer of Jihad,
5) 统治者(Wulah)
5) The Governors (Wulah),
6) 司法机构,
6) The Judiciary,
7) 行政部门,
7) The Administrative Departments,
8) 乌玛理事会,
8) The Council of the Ummah,
这一制度的依据,体现在安拉的使者(愿主福安之)的行为之中,因为正是以这种形式,他建立了国家的体制。他(愿主福安之)担任国家元首,并且当他命令穆斯林设立哈里发或伊玛目时,也就是在命令他们设立国家元首。至于辅佐者,安拉的使者(愿主福安之)选定艾布·伯克尔和欧麦尔作为他的两位辅佐者。哈基姆和提尔米兹圣训集中,记载了艾布·赛义德·胡德里的传述:安拉的使者(愿主福安之)说:
Evidence of this structure is reflected in the actions of the Messenger of Allah (pbuh) since this was the form in which he set up the structure of the State. He (pbuh) was the head of State and he ordered the Muslims to establish a head of State when he ordered them to establish a Khaleefah or an Imam. As for the assistants, the Messenger of Allah (pbuh) chose Abu Bakr and ‘Umar as his two assistants. Al-Hakim and Al-Tirmithi narrated from Abu Sa’id Al Khudri that the Messenger of Allah (pbuh) said:
“我的两位天上的大臣是吉卜利勒和米卡伊勒,地上的人中则是艾卜·伯克尔和欧麦尔。”这里“我的两位大臣”的意思是我的两位助手,因为阿拉伯语中“Wazir”(大臣)一词的字面含义正是助手。至于如今人们所用的“minister”(部长)一词,则是西方的用语,指某种统治体制中的特定职务。这与穆斯林所知的概念格格不入,也与伊斯兰的统治制度相矛盾。事实上,先知ﷺ称为大臣(Wazir)的助手,并不被指派担任某一特定职务。他实际上是哈里发的助手,哈里发赋予他一般性的授权以处理各项事务;他不应被指定负责某项具体工作。至于总督(Wulah),先知ﷺ任命他们治理各省(Wilayaat)。攻克麦加之后,先知ﷺ任命阿塔卜·伊本·乌赛德为麦加的总督。巴赞·伊本·萨三皈依伊斯兰后,先知ﷺ任命他为也门的总督(Wali)。先知ﷺ还任命了许多其他总督。先知ﷺ亲自主管司法,他任命法官来裁决人们之间的争端。于是他任命阿里·伊本·艾卜·塔利卜为也门的法官,又委任穆阿兹·伊本·哲拜勒和艾卜·穆萨负责也门的司法与政务。泰伯拉尼通过可靠的传述人转述,来自马斯鲁格,他说:
“My two ministers from the heavens are Jibra’eel and Mika’el and from the people of the earth are Abu Bakr and ‘Umar.” The meaning of the term “my two ministers” here is my two assistants, because this is what the word Wazir (minister) linguistically means in Arabic. As for the word ‘minister’, which people currently refer to, this is a Western term that means the function of a particular type of ruling. This is alien to that which the Muslims know and it contradicts the Islamic ruling system. Indeed the assistant, who the Messenger of Allah (pbuh) called minister (Wazir), is not assigned to a certain function. He is rather an assistant to whom the Khaleefah gives a general delegation to carry out tasks; and he should not be assigned to a specific task. As for the governors (Wulah), the Messenger of Allah (pbuh) appointed them over the provinces (Wilayaat). He (pbuh) appointed Attab Ibnu Usayd as Wali over Makkah after its conquest. After Bazan Ibnu Sasan had embraced Islam he (pbuh) appointed him Wali (governor) of Yemen. The Messenger of Allah (pbuh) also appointed many other Wulah. The Messenger of Allah was in direct charge of the judiciary. He (pbuh) appointed the judges in order to settle the disputes between the people. So he (pbuh) appointed ‘Ali Ibnu Abi Talib as judge over Yemen, and he (pbuh) charged Mua’z Ibn Jabal and Abu Mousa with Judiciary and Imarah over Yemen. Al-Tabarani reported through trustworthy narrators from Masrooq, he said:
“在安拉的使者(愿主福安之)时代,司法人员有六位:‘Umar、‘Ali、‘Abdullah Ibn Ma’sood、Ubay ibn K’ab、Zayd ibn Thabit 和 Abu Mousa Al-Ash’ari。” 至于行政体系,安拉的使者ﷺ任命了书记官来管理各个政府部门,他们相当于部门主管。他ﷺ任命 Mu’ayqib Ibnu Abi Fatima 为战利品部门的副主管(副秘书长),任命 Huzayfah Ibnul Yaman 为负责评估希贾兹收成的部门主管。他ﷺ还任命他人负责其他部门,每个部门之上都设有一名书记官。 至于军队,从行政上说它隶属于圣战指挥官的权力之下,实际上则由安拉的使者ﷺ掌控,是他ﷺ亲自担任军队的实际指挥官,处理军队的事务并管理其运作。然而,安拉的使者ﷺ也会任命指挥官率领某些远征。有一次,他ﷺ任命 ‘Abdullah Ibnu Jahsh 为前往古莱氏的侦察队长。另有一次,安拉的使者ﷺ任命 Abu Salma Ibnu ‘Abdil Asad 为一支150人小队的指挥官,并将军旗授予他。这支小队包括一些穆斯林中最优秀的战士,其中有 ‘Abu Ubayda Ibnul Jarrah、Sa’d Ibnu Abi Waqqas 和 Usayd Ibnu Hudhayr。 至于乌玛议会(其职能是协商(Shura)并监督统治者),安拉的使者ﷺ在世时并未设立常设议会,但他ﷺ在认为适当时会与穆斯林协商。因此,他ﷺ在乌侯德之日、在“伊弗克事件”(诽谤阿伊莎,愿安拉喜悦她)之日以及其他若干场合,召集穆斯林并与他们协商。 虽然他(愿主赐其平安)会召集穆斯林进行协商,但他经常召见部分门徒并与之商议;这些人被视为众人的首领。他们是哈姆扎、艾布·伯克尔、贾法尔、欧麦尔、阿里、伊本·麦斯欧德、赛勒曼、阿玛尔、胡宰法、艾布·载尔、穆格丹和比拉勒。他们被视为他的协商议会,因为他经常与他们协商。这表明,真主的使者ﷺ为国家建立了一套特定的架构,并且他一直遵循这一架构,直到归主(愿主赞颂其至高)。此后,他的哈里发(继承者)接续其位,并遵循使者ﷺ亲自确立的同一架构进行治理。他们这样做是在圣门弟子面前进行的。因此,伊斯兰国政府的架构也应当是这种形式。 有人可能会提出,真主的使者ﷺ任命了一位专门负责财政的官员,并让他主管财政部门。这可能使人以为财政部门是一个独立的机构,不属于整个政府架构的一部分。然而事实是,真主的使者ﷺ确实任命了一位专职财政官员,这意味着赋予他一个独立的部门来管理,但他ﷺ并没有使其成为一个独立的架构,而是政府架构的一部分。部分总督(瓦利)被授予涵盖治理与财政的一般性权力,而另一些总督则只被授予治理权力,并且他ﷺ另外任命了一位专管财政的总督。例如,真主的使者ﷺ派遣阿穆鲁前往……(依据他ﷺ交给他的信件中所规定的财政事务)。弗尔瓦·伊本·穆塞伊克被真主的使者ﷺ任命为穆拉德、祖拜德和穆扎吉部落的税官(阿米勒),哈立德·伊本·赛义德·伊本·阿斯则与他一同被任命为天课(宰卡特)的征收官。 负责独自统治的总督被称为“Salah总督”(Wali of Salah);这是一个伊斯兰教法(Shari’ah)术语,指负责行政、司法、政治、战争和伊巴达特(Ibadaat)等所有事务的总督,财政事务除外。负责财政的总督则被称为“Kharaj总督”(Wali of Kharaj),即负责征收天课(Zakat)和土地哈拉吉税(Kharaj)以及其他财政职责的人。担任综合总督职位的人被称为“Salah与Kharaj总督”(Wali of Salah and Kharaj)。这清楚地表明,财政部门并非一个独立的机构,而是伊玛拉(Imarah)即瓦拉耶(Wilayah)职责的一部分。 总督可以专门被任命负责某个地区的财政事务,也可以将这项工作交给综合总督。无论哪种情况,财政部门最终都不是设在国家中心(首都)的一个特殊部门,而是处于哈里发的控制之下。因此,它是国家(政体)结构的一部分,而不是一个独立的结构。 同样,负责监督战争、对外、对内及工业事务的圣战伊玛拉(Imarah of Jihad),始终直接受真主的使者ﷺ以及他的哈里发们的直接控制。真主的使者ﷺ亲自筹备军队,监督其训练和武器装备,并像管理对外与对内事务一样管理军队的一切事务。他ﷺ曾派人前往也门的Jurash学习制造武器。在他ﷺ之后的哈里发们也遵循同样的政策。然而,到了欧麦尔·伊本·赫塔卜时期,他设立了战争内阁(Diwan ul-Jund),并任命了该内阁的负责人,此人即圣战总督(Ameer of Jihad)的职能所在。
“The people of Judiciary at the time of the Messenger of Allah (pbuh) were six: ‘Umar, ‘Ali, ‘Abdullah Ibn Ma’sood, Ubay ibn, K’ab, Zayd ibn Thabit and Abu Mousa Al-Ash’ari.” As for the administrative system, the Messenger of Allah (pbuh) appointed secretaries to run the various government departments, these were as directors of departments. He (pbuh) appointed Mu’ayqib Ibnu Abi Fatima as director (under secretary) of booty and Huzayfah Ibnul Yaman was appointed as a director in charge of assessing the harvest of Hijaz. He (pbuh) appointed others in charge of the other departments, where over each one of them, there was a secretary. As for the army, which administratively is under the Ameer of Jihad’s authority, it was effectively under the control of the Messenger of Allah (pbuh) and it was he who was the effective commander of the army where he used to deal with its administration and run its affairs. However, the Messenger of Allah (pbuh) would appoint commanders to lead certain expeditions. On one occasion he (pbuh) appointed ‘Abdullah Ibnu Jahsh at the head of an exploratory mission to Quraysh. On another occasion the Messenger of Allah (pbuh) appointed Abu Salma Ibnu ‘Abdil Asad as the commander of a regiment of 150 men, and he (pbuh) gave him its banner. This regiment contained some of the best Muslim warriors, among whom were ‘Abu Ubayda Ibnul Jarrah, Sa’d Ibnu Abi Waqqas and Usayd Ibnu Hudhayr.As for the Council of the Ummah whose function is one of consultation (Shura) and holding the ruler accountable, the Messenger of Allah (pbuh) did not establish a permanent one in his lifetime, but he did consult the Muslims whenever he deemed it fit. Thus he (pbuh) gathered the Muslims and consulted them on the day of ‘Uhud’ and on the day of ‘Hadithul-ifk’ (slander of Ayesha rdh) and on several other occasions. Though he (pbuh) gathered the Muslims for consultation, he (pbuh) would summon some of his companions on a regular basis and consult them; they were regarded as the chiefs of the people. They were Hamza, Abu Bakr, Ja’afar, ‘Umar, ‘Ali, Ibnu Mas’ud, Salman, ‘Ammar, Huzayfah, Abu Dharr, Al-Muqdad and Bilal. They were considered as his (pbuh) Shura Council, for he consulted them on a regular basis. This demonstrates that the Messenger of Allah (pbuh) had set up a specific structure for the State, and that he (pbuh) adhered to that structure until he joined his Lord (swt). Then after him (pbuh) came his Khulafaa’ (successors) and they followed him in ruling according to the same structure that the Messenger (pbuh) established himself. They did that in front of the Sahabah. The structure of the government of the Islamic State should, therefore, be in this form. Some may argue that the Messenger of Allah (pbuh) appointed a separate official in charge of finance and that he placed him in charge of the department of finance. This might lead people to think that the department of finance is an independent body that is not part of the overall government structure. However, the reality is that the Messenger of Allah (pbuh) did appoint a special official in charge of finance, which meant giving him an independent department to run, but he (pbuh) did not make it an independent structure, rather a part of the structure (of the government). Some of the Wulah (governors) were appointed with general mandatory powers that included both ruling and finance, whilst some were appointed in ruling powers only, and he appointed a special Wali over finance. For example, the Messenger of Allah (pbuh) sent ‘Amru and finance as prescribed in the letter he (pbuh) handed to him. Furwa Ibnu Musaik’ was appointed by the Messenger of Allah (pbuh) as ‘Amil over the tribes of Murad, Zubayd, and Muzhaj, and Khalid Ibnu Said Ibnul A’as was appointed with him as collector of Zakat. The Wali in charge of ruling alone was known as the Wali of Salah; this is a Shari’ah term meaning the Wali in charge of all matters of administration, judiciary, politics, warfare and Ibadaat, amongst other duties, with the exception of finance. The Wali in charge of finance was alternatively known as the Wali of Kharaj, meaning the one who was responsible for collecting the Zakat and land Kharaj together with other financial duties. The Wali (governor) who held the position of general governorship was known as the Wali of Salah and Kharaj. This clearly demonstrates that the financial department was not a separate structure, but part of the duties of the Imarah i.e. the Wilayah .A governor may be appointed specifically to run the financial affairs of a district, or the job could be given instead to the general governor. In either case, the financial department ultimately did not follow a special department in the centre of the state (the capital), but it remained under the control of the Khaleefah. So it is part of the (state) structure, not a separate structure. In a similar fashion the Imarah of Jihad, which supervises war, foreign, domestic and industrial affairs, was always under the direct control of the Messenger of Allah (pbuh), as well as his Khulafaa’. The Messenger of Allah (pbuh) used by himself to prepare the army and supervise its training and weaponry, and run all its affairs, the way he used to run the foreign and domestic affairs. He (pbuh) sent people to Jurash in Yemen to learn how to manufacture weapons. The Khulafaa’ who came after him (pbuh) followed the same policy. However, at the time of ‘Umar Ibnul Khattab he set up a war cabinet (Diwan ul-Jund) and he appointed a head to that cabinet which is the function of the Ameer of Jihad.
因此,先知穆罕默德ﷺ所建立的国家,正是建立在这一结构之上。
Thus, the State that the Messenger of Allah (pbuh) had established was founded on this structure.