4.16 哈里发的必要权力
4.16 The mandatory powers of the Khaleefah
哈里发即是国家。他拥有国家的一切必要权力,这些权力包括:
The Khaleefah is the state. He possesses all of the mandatory powers of the state, and they are:
正是祂制定了伊斯兰律例(Ahkam Shari'ah);一旦祂确立这些律例为必须遵守的约束,它们便成为必须遵从的法则,违背它们是不被允许的。
It is He who makes the divine rules (Ahkam Shari’ah) once He adopted them as binding; they would then become laws that have to be obeyed and their violation would not be allowed.
他负责国家的内政与外交政策。他是所有武装力量的最高总司令,拥有宣战、缔结和约、停战协定以及一切其他条约的全权。
He is responsible for the domestic and foreign policies of the state. He is the supreme commander in chief of all the armed forces and He has full powers to declare war, concludes peace treaties, truces and all other treaties.
他有权接见(外国)使节,也有权拒绝他们;他还有权任命穆斯林使节,也有权罢免他们。
He has the power to accept (foreign) ambassadors and to refuse them, as well as the powers to appoint Muslim ambassadors and to remove them.
由哈里发任命和罢免助手以及各地总督(Wulah)。他们都对他负责,也对乌玛议会负责。
It is the Khaleefah who appoints and removes the assistants and Wulah. They are all responsible before him and before the Council of the Ummah.
他有权任免最高法官(Qadhil-Qudhat),以及地区行政长官、军队指挥官、参谋长和总司令。他们都只对他负责,而不对乌玛议会负责。
It is He who appoints and removes the supreme judge (Qadhil-Qudhat), as well as district administrators, army commanders, chiefs of staff, and the commanders in chief. They are all answerable to him and not to the Council of the Ummah.
是He(真主)制定神圣的律法,国家预算正是依据这些律法的指引而编制;也是He决定预算的细节,以及各部门所需拨款的数额,无论是关于收入还是支出。
It is He who adopts the divine rules, in the light of which the State’s budget is drafted, and He decides the details of the budget and the allotted funds required for each department, whether concerning revenues or expenses.
这些强制性权力的证据在于:哈里发作为对全世界穆斯林的总体统治,其目标是实施宗教的律法并将伊斯兰的讯息传播到全世界,而这本身就是一个证据。然而,“国家”一词是一个术语,其含义因各民族的观点而不同。西方认为国家是由土地、居民和统治者构成的,因为在他们看来,国家是由他们称为“国家”的边界所界定的。在他们看来,主权属于人民,而统治权,即权威,是集体的而非个人的。因此,“国家”的概念便被理解为国土、居民和统治者的总和。于是,他们设有国家元首,即统治者的首脑、人民、国家(土地)以及一位总理。然而,在伊斯兰中并没有永久的边界,因为伊斯兰的讯息必须传播到整个世界。因此,疆界随着伊斯兰权威向其他国家的扩展而移动。“国家”一词指的是一个人永久居住的地方,即他的家园和城镇,不多也不少。主权属于沙里亚,而非人民。因此,统治者受沙里亚的旨意所约束,乌玛也受沙里亚的旨意所约束。统治权即权威是属于个人的,而非集体的。安拉的使者ﷺ说:
Evidence of these mandatory powers is the fact that the Khilafah as a general ruling over all the Muslims worldwide, with the objective of implementing the rules of the Deen and carrying the Message of Islam to the world, and this in itself is an evidence. However, the word state is a technical term, whose meaning differs according to the views of the nations. The West considers the state as the land, inhabitants and the rulers, for the state in their view is defined within borders that they call the country. Sovereignty, in their view, belongs to the people, while the ruling, i.e. the authority is collective and not individualistic. Thus the concept of the state became known as the total of the country, the inhabitants and the rulers. Therefore, they have a head of state, i.e. head of rulers, the people, the country (land) and a prime minister. However, in Islam, there are no permanent borders, for the Message of Islam has to be carried to the whole world. Therefore frontiers move with the movement of the authority of Islam to other countries. The term country means the place where a person resides permanently i.e. his home and town, no more and no less. Sovereignty belongs to the Shar’a, not to the people. Thus the rulers are controlled by the will of the Shar’a. The Ummah is also controlled by the will of the Shar’a. The ruling i.e. authority is for individuals and it is not collective. The Messenger of Allah (pbuh) said:
“如果你们三人同行,就让他们当中的一人担任艾米尔(领导)。”[由 Al-Bazzar 从 Ibn 'Umar 处传述] 他(愿主赐福他并使他平安)还说:
“If three of you were on a journey, let them appoint one of them as an Ameer.” [Narrated by Al-Bazzar from ibn ‘Umar] He (pbuh) also said:
“如果你们三人外出旅行,就让他们中的一人担任埃米尔(Ameer)。”[艾布·达伍德从艾布·赛义德·胡德里圣门弟子处辑录] 穆斯林(圣训辑录者)从艾布·赛义德·胡德里处辑录,先知ﷺ说:
“If three of you went out on a journey, let them appoint one of them as an Ameer.” [Narrated by Abu Dawood from Abu S’aid al- Khudri] Muslim narrated from Abu S’aid al-Khudri from the Messenger of Allah (pbuh), that He (pbuh) said:
“如果为两位哈里发宣誓效忠(Bay'ah),就杀掉后者。”因此,伊斯兰中“国家”的含义不同于其他体系。伊斯兰中的国家指的是权威与统治,其强制性的权力即是苏丹的权力。既然哈里发是掌握权威的人,那么他就是国家。
“If a Bay’ah has been taken for two Khulafaa’, kill the latter of them.” Therefore, the meaning of the state in Islam differs from that in other systems. The state in Islam means the authority and ruling, and its mandatory powers are that of the Sultan. Since the Khaleefah is the one who holds the authority, He is then the state.
然而,当安拉的使者(pbuh)在麦地那建立伊斯兰国家时,他是国家元首,掌握着权威。因此,所有的权力都在他手中,与统治相关的一切权能都属于他。他在世期间一直如此,直到他(pbuh)逝世。此后继位的是正统哈里发,他们每一位都享有完整的权威,并拥有与统治相关的全部必要权能。这也证明哈里发即是国家。此外,当安拉的使者(pbuh)告诫人们不要反叛、不要违抗艾米尔时,他将此称为对权威(Sultan)的反叛。他(pbuh)说:
However, when the Messenger of Allah (pbuh) established the Islamic State in Madina He was the head of state and He held the authority. Thus all of the authority was in his hands, and all of the powers related to the ruling were his. This was as much throughout his lifetime until He (pbuh) died. Then after him came the Khulafaa’ Ar-Rashidoon, and each one of them enjoyed the full authority and possessed all the mandatory powers related to the ruling. This also serves as evidence that the Khaleefah is the state. Besides, when the Messenger of Allah (pbuh) warned against rebellion and disobedience to the Ameer, He expressed it as being a rebellion against the authority (Sultan). He (pbuh) said:
“若有人看到其Ameer中有令他不悦之事,则应当忍耐。因为,凡与苏丹(伊斯兰权威)分离哪怕一握(一拃)之距,并以此死去,他便是死于无明时代(Jahiliyyah)之死。”哈里发制(Khilafah)即是对信士的领导,因此哈里发(Khaleefah)即是权威,他拥有一切必要的权力,即他就是国家,并拥有国家所具有的一切权力。这是关于这些必要权力的一般性证据。至于哈里发所享有的这些权力的列举,实际上是对国家中所存在的权力的列举,以便阐明这些权力的详细规定。
“If anyone sees in his Ameer something that displeases him, let him remain patient. For behold! He who separates himself from the Sultan (authority of Islam) by even so much as a hand span and dies thereupon He has died the death of Jahiliyyah.” The Khilafah is the leadership over the believers. The Khaleefah is therefore the authority, and He has all the mandatory powers, i.e. He is the state and possesses all the powers given to the state. This is the general evidence about these mandatory powers. As for the listing of these powers enjoyed by the Khaleefah, this is in fact the listing of the powers that exist in the state, so as to explain the detailed rules of these powers.
关于上述六个部分的详细依据,关于“A”部分的依据是众圣门弟子的普遍共识。Qanoon(法律)是一个专业术语,指统治者(Sultan)为使人们遵守而颁布的命令。法学家将其定义为“统治者(Sultan)强制人们在相互关系中遵循的一系列原则”。因此,如果统治者颁布某些规定,这些规定便成为法律,人们必须遵守;如果统治者没有颁布,它们就不成为法律,人们也没有义务遵守。 穆斯林遵循的是沙里阿(Shar'a)的规定,因此他们遵守的是安拉的命令和禁令,而不是统治者的命令和禁令。所以他们遵循的是神圣的律例,而不是统治者的命令。然而,圣门弟子在沙里阿的规定上存在分歧。他们中有些人从神圣的经文中理解出的内容与其他人所理解的不同。他们每个人都遵从自己所理解的内容,那对他而言就代表了安拉的律例。 不过,also有一些与管理穆斯林公共事务相关的神圣律例,所有穆斯林都应依据唯一的一种见解来遵守,个人不能依据自己的伊智提哈德(Ijtihad)行事。这在过去确实发生过。例如,艾卜·伯克尔认为应当将财物平均分配给所有穆斯林,因为这是他们平等的权利。而欧麦尔认为,把同样的份额给予曾与安拉的使者(愿主福安之)作战的人与给予曾与他并肩作战的人,或者给予贫穷者与给予富有者同等的份额,都是不对的。然而,当艾卜·伯克尔担任哈里发时,他强迫人们遵循他的见解,审判官和地方官员也执行他的决定,欧麦尔也服从了艾卜·伯克尔的见解并予以执行。当欧麦尔成为哈里发后,他推行了自己的见解,这与艾卜·伯克尔的见解有所不同。 所以他下令优先分配资金,而不是平均分配。因此,穆斯林根据他们成为穆斯林的时间长短以及各自的需要获得资金。穆斯林遵守了这一规定,法官和官员也执行了它。因此,圣门弟子之间形成了一项普遍共识:伊玛目有权采纳特定的规则并强制执行。穆斯林必须遵守这些规则,即使他们与自己的见解(Ijtihad)不同,也必须放弃自己的意见和见解。这些被采纳的规则实际上就是法律(条例)。因此,立法的权力唯独属于哈里发,其他任何人都无此权利。
As for the detailed evidences of the six sections mentioned above, the evidence about section “A” is the general consensus of the Sahabah. Qanoon (law) is a technical term that means the order that the ruler (Sultan) issues so that people abide by it. People of Qanoon (law) define it as “the host of principles which the Sultan (ruler) compels people to follow in their relations”. So if the Sultan issues certain rules, then these rules become law and people have to abide by them. If the Sultan does not issue them, then they do not become law and people are not obliged to abide by them. The Muslims follow the rules of Shar’a, so they abide by Allah’s repl commands and prohibitions. What they abide by are the commands and prohibitions of Allah, not those of the Sultan. Thus they follow the divine rules and not the orders of the Sultan. However, the Sahabah have differed regarding the Sharia’ah rules. Some of them understood from the divine texts matters different to what the others understood. Each one of them complied with what He understood and that represented the rule of Allah for him. However, there are some divine rules related to managing the affairs of the Ummah that all the Muslims should abide by according to one single opinion, individuals cannot proceed according to their own Ijtihad. This indeed took place in the past. Abu Bakr, for instance, considered it fit to distribute the funds equally among all Muslims for it was their equal right. ‘Umar deemed it wrong to give to those who had fought against the Messenger of Allah (pbuh) the same as to those who fought alongside him, or to give to the needy equal to that is given to the wealthy. However when Abu Bakr was the Khaleefah, He forced people to follow his opinion and the judges and Wulah executed his opinion and ‘Umar submitted to Abu Bakr’s opinion and executed it. When ‘Umar became Khaleefah He enforced his own opinion which differed from that of Abu Bakr. So He ordered the funds to be distributed preferentially and not equally. Thus the Muslims were accorded the funds based upon the length of time they had been Muslims and according to their needs. Muslims abided by this rule, and the judges and Wulah executed it. Therefore, a general consensus of the Sahabah was established stating that the Imam has the right to adopt specific rules and enforce their implementation. Muslims have to abide by such rules even if they disagreed with their own Ijtihad, and they must abandon their own opinions and Ijtihad. These adopted rules are in fact laws (Canons). Therefore the enactment of laws belongs to the Khaleefah alone and no one else has such a right.
关于“B”部分,其证据取自先知穆罕默德ﷺ的行为。他ﷺ曾任命ワ利(Wulah,即地方长官)和法官,并使他们对自己负责。他ﷺ曾管理贸易,禁止欺诈和欺骗。他ﷺ曾在民众之间分配财物,并帮助失业者找到工作。他ﷺ曾处理国家的所有内政事务。他ﷺ也曾与各国君主交涉,会见使节,接待代表团。他ﷺ还负责国家的全部外交事务。他ﷺ在出征时亲自统率武装力量,并亲自率军作战。他ﷺ曾派遣所有的远征军,并任命其领导者。有一次,他ﷺ任命乌萨马·本·宰德为前往沙姆的远征军统帅;圣门弟子们因乌萨马年纪轻而不悦,但先知穆罕默德ﷺ迫使他们接受其领导。这证明他ﷺ实际上是武装力量的统帅,而不仅仅是最高总司令。正是他ﷺ向古莱什人宣战,也向白努·古赖宰贾(Banu Qurayzah)、白努·纳迪尔(Banu Nazir)、白努·盖努卡(Banu Qaynuqa')、海巴尔(Khayber)和罗马人宣战。所有发生的战争都是由他ﷺ宣布的。这证明哈里发只有宣战的权利。同样是先知穆罕默德ﷺ与白努·马德理只(Banu Madlij)及其盟友白努·杜姆拉(Banu Dhumra)签订了条约。他ﷺ与艾敢(Ayla)的领袖约哈纳(Yuhanna,即约拿单)·本·鲁芭(Ru'ba)签订了条约,也签订了侯代比亚和约。当时穆斯林对此十分愤怒,但他ﷺ无视他们的意见,驳回了他们的请求,仍然坚持签订了和约。这证明只有哈里发拥有签订条约的法定权力,无论是和平条约还是其他任何条约。
As for section “B”, its evidence is derived from the actions of the Messenger of Allah (pbuh). He (pbuh) used to appoint the Wulah and judges and hold them accountable to him. He (pbuh) used to control trading and prohibit fraud and cheating. He (pbuh) used to distribute the funds among the people, and help the unemployed find work. He (pbuh) used to run all the state’s internal affairs. He (pbuh) as well used to address the kings and meet with the envoys and receive the delegates. He (pbuh) also carried out all the foreign affairs of the state. He (pbuh) used to effectively take command of the armed forces during the raids and He (pbuh) used to lead the battles. He (pbuh) used to send out all the expeditions and appoint their leaders. In one instance He (pbuh) appointed Usama ibn Zayd at the head of an expedition to Ash-Sham; the Sahabah were not pleased with this due to Usama’s young age, but the Messenger of Allah (pbuh) forced them to accept his leadership. This proves that He effectively was the commander of the armed forces and not just its supreme Commander in Chief. It was He (pbuh) who declared war on Quraysh, and on Banu Qurayzah, Banu Nazir, Banu Qaynuqa’, Khayber and the Romans. All the wars that took place were declared by him (pbuh). This proves that the Khaleefah only has the right to declare war. It was also the Messenger of Allah (pbuh) who signed the treaties with Banu Madlij and their allies of Banu Dhumra. He (pbuh) signed a treaty with Yuhanna (Jonathan) ibn Ru’ba, the leader of Ayla, and He (pbuh) also signed the treaty of Al-Hudaybiyah. The Muslims on that occasion were outraged but He (pbuh) ignored their opinion and dismissed their pleas, and went ahead and signed the treaty. This proves that the Khaleefah alone has the mandatory power to sign treaties, whether these were peace treaties or any other.
关于“C”项,其证据是:正是使者本人(愿主赐他平安)接见了Musaylama派来的两名使者,也是他(愿主赐他平安)接见了古莱什派来的使者Abu Rafi’i。他(愿主赐他平安)还派遣使者前往Heraclius、Khosroes、Al Muqawqis、Al-Harith Al- Ghassani、Al-Heera国王、也门国王Al Harith Al-Himiary以及阿比西尼亚(Al-Habashi)的Negus,并在侯代比亚事件中派遣Uthman Ibnu ‘Affan前往古莱什。这证明,接纳使者或拒绝使者的是哈里发,任命使者的也是他。
As for the section “C”, its evidence is that it was the Messenger of Allah (pbuh) himself who received the two envoys of Musaylama, and it was He (pbuh) who received Abu Rafi’i, an envoy from Quraysh. It was also He (pbuh) who sent envoys to Heraclius, Khosroes, Al Muqawqis, Al-Harith Al- Ghassani, King of Al-Heera, Al Harith Al-Himiary, King of Yemen, the Negus of Abyssania (Al-Habashi), and He sent ‘Uthman Ibnu ‘Affan to Quraysh during the Hudaybiyah affair. This proves that the Khaleefah is the one who accepts the ambassadors (envoys) and refuses them and it is He who appoints the ambassadors.
关于“D”部分,其证据是:先知(愿主赐福他并使他平安)亲自任命了总督(Wulah)。他任命穆阿兹为也门的总督。他也会罢免总督;他曾因巴林居民对艾尔-阿拉·伊本·哈德拉米的不满,将其从巴林总督的职位上罢免。这表明,总督对所辖各省(Wilayaat)的民众负有责任,对哈里发负有责任,也对乌玛议会负有责任,因为乌玛议会代表所有的省(Wilayahs)。以上是关于总督的内容。至于助手,安拉的使者(愿主赐福他并使他平安)有两位助手:艾布·伯克尔和欧麦尔。他在世时并未罢免他们,也未另行任命他人取代他们。然而,助手的权力来源于哈里发,既然他代表哈里发行事,哈里发便有权罢免他,这可以类比于代理人,因为委托人有权解除其代理人的职务。
As for section “D”, its evidence is that it was the Messenger of Allah (pbuh) himself who used to appoint the Wulah. He (pbuh) appointed Mu’az as Wali over Yemen. He (pbuh) used also to remove them; He removed Al-A’la’ ibn Al-Hadhrami from his post as Wali of Bahrain after its people complained about him. This indicates that the Wulah are responsible before the people of the Wilayaat (districts), and before the Khaleefah, as well as the Council of the Ummah, for it represents all the Wilayahs. This is concerning the Wulah. As for the assistants, the Messenger of Allah (pbuh) had two assistants; Abu Bakr and ‘Umar. He did not remove them and appoint others to replace them during his lifetime. However, the assistant derives his authority from the Khaleefah, and since He acts in the capacity of his deputy, the Khaleefah therefore has the right to remove him, by analogy with the representative (agent), for the person has the right to dismiss his representative (agent).
至于“E”部分,其证据来自于:安拉的使者ﷺ任命阿里为也门的法官。艾哈迈德还从阿姆鲁·本·阿绥(愿安拉喜悦他)处传述,他说:“有两个人互相争执,来到安拉的使者ﷺ那里寻求裁决,于是他ﷺ对我说:‘你在他们之间裁决。’我说:‘您比我更好,也更有资格做这件事。’他ﷺ说:‘即便如此,你也去裁决吧!’于是我说:‘如果我裁决了,我将得到什么?’他ﷺ说:‘如果你裁决正确,你将得到十份赏赐;如果你裁决错误,你将得到一份赏赐。’”欧麦尔(愿安拉喜悦他)曾任免法官。他任命沙里赫为库发的法官,任命艾布·穆萨为巴士拉的法官。他还将舒拉赫比勒·本·哈斯奈从沙姆总督的职位上罢免,改任穆阿维叶。舒拉赫比勒对他说:
As for the section “E”, its evidence is derived from the fact that the Messenger of Allah (pbuh) appointed ‘Ali as judge over Yemen. Ahmad also narrated from ‘Amru Ibn al-‘A‘as, He said: “Two men disputing with each other came to the Messenger of Allah (pbuh) (seeking justice), so He (pbuh) said to me ‘Judge between them.’ I said ‘You are better and more worthy of that.’ He (pbuh) said ‘Even though!’ So I said: ‘What shall I have if I judged?’ He (pbuh) said ‘If you judged and you were right, you would get ten rewards and if you get it wrong you would get one reward.’” ‘Umar (may Allah be pleased with him) used to appoint and remove judges. He appointed Sharih as a judge over Kufa and Abu Musa as a judge over Basra. He also removed Shurahbeel ibn Hasna from his post as Wali over Ash-Sham and appointed Mu’awiya instead. Shurahbeel said to him:
“你是因为违命或叛逆才罢免我的吗?”欧麦尔回答说:“都不是,但我想任命一个更有力的人。”阿里曾经任命艾卜·阿斯瓦德,之后又将他罢免。艾卜·阿斯瓦德问他:“你为什么罢免我?我从未欺骗或犯罪。”阿里说:“我注意到你的声音盖过了争论的人们。”欧麦尔和阿里的这些做法是在众圣门弟子面前进行的,他们中没有人表示反对或加以指责。这证明哈里发原则上保有任命法官的权利。他也可以委托他人代其任命法官,这类比于代理(Wakalah),因为他有权为自己的任何职权指定代理人,正如他可以委派某人代表自己处理任何事务一样。
“Is it because of an act of disobedience or treason that you removed me?” ‘Umar replied, “Neither, but I wanted to appoint a man who is stronger.” ‘Ali, on one occasion appointed Abu al-Aswad and then He removed him. Abu al-Aswad asked him: “Why did you remove me. I never cheated or committed a crime?” ‘Ali said: “I noticed that your voice rose above the disputing men.” ‘Umar and ‘Ali enacted this in the presence of the Sahabah and none of them disapproved or censured their actions. This proves that the Khaleefah reserves the right to appoint the judges in principle. He can also delegate someone to appoint the judges on his behalf, in analogy with representation (Wakalah), This is because He reserves the right to assign a deputy for him in any of his mandatory powers as He is allowed to appoint someone to represent him in any of his dispositions.
至于国家各部门的负责人,先知穆罕默德ﷺ为国家的各个部门任命了书记官,他们被视为各部门的负责人。先知ﷺ任命穆阿叶盖卜·本·艾比·法蒂玛·阿德-杜赛为其印章和战利品的负责人。他ﷺ任命胡宰法·本·叶玛尼负责评估希贾兹的收成,任命祖拜尔·本·阿瓦姆负责记录天课的款项。他ﷺ任命穆吉拉·本·舒巴负责登记债务和各类交易等事务,诸如此类。
As for the directors of the state’s departments, the Messenger of Allah (pbuh) appointed secretaries for the various departments of the state. They were considered to be directors of those departments. He (pbuh) appointed Al-Mu’ayqeeb ibn Abi Fatimah Ad-Dooci in charge of his stamp and the booty. He (pbuh) appointed Huzayfah ibn Al Yaman to assess the harvest of Al-Hijaz, and Zubayr ibn Al-’Awwam to record the funds of the Sadaqah. He (pbuh) appointed Al-Mughira ibn Shu’ba in charge of registering the debts and various transactions, and so on.
至于军队的指挥官和总指挥官,安拉的使者ﷺ任命哈姆扎·伊本·阿卜杜勒·穆塔利卜为指挥官,率领三十名骑兵,去截击海岸边的古莱什人。他任命穆罕默德·伊本·乌拜达·伊本·哈里斯统领六十名战士,并命令他在拉比格山谷截击古莱什人。他ﷺ还任命萨阿德·伊本·艾比·瓦卡斯率领二十名骑兵的远征队,并派他前往麦加。由此可见,先知ﷺ曾任命军队的指挥官,这证明哈里发是任命指挥官和军队总参谋长的人。
As for the army commanders and chief commanders, the Messenger of Allah (pbuh) appointed Hamza ibn ‘Abdul Muttalib as commander of an army of thirty riders to confront Quraysh on the seashore. He appointed Muhummad ibn ‘Ubaydah ibn Al-Harith at the head of sixty fighters and instructed him to confront Quraysh in the Wadi of Rabigh. He (pbuh) also appointed Sa’d ibn Abi Waqqas at the head of an expedition numbering twenty riders and dispatched him towards Makkah. It can be seen therefore, that He (pbuh) used to appoint the army commanders, which proves that the Khaleefah is the onewho appoints the commanders and the army chiefs of staff.
所有这些职位都只对安拉的使者(愿主祝福他并赐他平安)负责,不对其他任何人负责。由此可见,法官、各部门主管、军队指挥官、参谋长以及各类高级官员,只对哈里发负责,而不对乌玛议会负责。只有被授权的助手、瓦利(Wulah)和阿米尔(‘Amils)对乌玛议会负责,因为他们是统治者。除此之外,任何人都不对议会负责;相反,所有人都必须向哈里发汇报。
All these posts were answerable to the Messenger of Allah (pbuh) and nobody else. This indicates that the judges, directors of departments, army commanders, chiefs of staff and various senior officials are answerable to none but the Khaleefah; they are not answerable to the Council of the Ummah. Only the delegated assistants, the Wulah and the ‘Amils are responsible before the Council of the Ummah for they are rulers. Nobody else is responsible before the council; rather everyone has to report back to the Khaleefah.
关于"F"部分:国家预算在收入与支出方面受伊斯兰教法规则的约束。不征收一第纳尔,除非依照天命规定;也不支出一第纳尔,除非依照天命规定。然而,支出的细节,即所谓的预算分项,以及收入的细节,都交由哈里发依据其伊જ提哈德(独立判断)来决定。例如,土地的哈拉只税额、人头税(吉兹亚)以及其他各种税赋和收入,都由哈里发决定。拨给道路工程、医院及其他各类开支的数额,也由哈里发决定。所有这些事务都交由哈里发,由他依自己的伊提哈德和见解作出决定。这是因为,ﷺ先知穆罕默德曾接收'Amils(税务官)上缴的收入并加以支出;他ﷺ也曾在某些情况下授权代理人(Wulah)收取并支出款项,例如他ﷺ委任穆阿兹治理也门时便是如此。正统哈里发随后也是这样做的:他们每位都依据作为哈里发的见解和自身伊提哈德,征收收入并加以支出。圣门弟子从未有人表示反对,也没有人在未经哈里发同意的情况下支出一第纳尔。欧麦尔委任穆阿维叶为总督时,授予他普遍的权限,使他有权征收和支出款项。所有这些都证明,哈里发或代其行事的人,决定预算的各个部分。
As for section “F”, the state budget in terms of the revenues and the expenses is controlled by the Shari’ah rules. Not a single dinar is levied except according to a divine rule, nor any single dinar is spent except according to a divine rule. However, the details of the expenditure or what is known as the budget sections, it is left to the Khaleefah according to his Ijtihad, as are the details of revenues. It is the Khaleefah, for instance, who decides the amount of the Kharaj of land, and the jizyah as well as any other levies and revenues. It is the Khaleefah who decides the expenditures allotted for the road works, and hospitals and other sorts of expenditures. All such matters are left to the Khaleefah, and He decides that according to his own Ijtihad and opinion. This is because the Messenger of Allah (pbuh) used to receive the revenues from the ‘Amils, and spend them. It was He (pbuh) who authorised the Wulah on some occasions to receive funds and spend them; this was the case when He (pbuh) appointed Mu’az over Yemen. The Khulafaa’ Ar-Rashidoon then did the same; each one of them collected the revenues and spent them according to his opinion and own Ijtihad in his capacity as Khaleefah. None of the Sahabah ever disapproved, and nobody ever spent a single dinar without the consent of the Khaleefah. When ‘Umar appointed Mu’awiya as Wali, He gave him a general Wilayah whereby He had powers to collect and spend the funds. All this proves that the Khaleefah or anyone acting on his behalf decides the different sections of the budget.
以下是关于哈里发强制性权力的详细证据。这些证据由艾哈迈德和布哈里从阿卜杜拉·本·欧麦尔处传述的圣训所证实:他听到安拉的使者ﷺ说:“伊玛目是监护人,他要对其臣民负责。”这意味着所有与管理臣民事务相关的事项都是哈里发的责任。然而,他有权根据代理(Wakala)的类比,委派任何他认为合适的人执行任何任务。
These are the detailed evidences regarding the mandatory powers of the Khaleefah. These are confirmed by the Hadith narrated by Ahmad and Al-Bukhari from ‘Abdullah b ‘Umar that He heard the Messenger of Allah (pbuh) say; “The Imam is a guardian, and He is responsible over his subjects.” This means that all the matters related to the management of the subjects’ affairs is the responsibility of the Khaleefah. He, however reserves the right to delegate anyone with whatever task He deems fit, in analogy with Wakala (representation).