4.17 哈里发照料臣民事务的方法
4.17 The Khaleefah’s method of looking after the subjects’ affairs
哈里发对于管理民众事务拥有绝对的权力,可以依据自己的见解和伊智提哈德(Ijtihad)行事。然而,他不得以公共利益(Maslaha)为借口违反任何伊斯兰教法(Shari'ah)规定。例如,他不得以保护本地工业为由阻止民众进口商品,除非这确实损害了国家经济。他也不得以防止剥削为由为民众规定价格。他同样不得以缓解住房问题为由强迫房东出租其房产,除非确有迫切需要,或其他违反伊斯兰教法规定的政策。因此,他禁止将许可(Mubah)的行为定为禁止,或将禁止(Haram)的行为定为允许。
The Khaleefah has the absolute authority to manage the citizens’ affairs according to his own opinion and Ijtihad. However, He is forbidden from violating any Shari’ah rule under the pretext of benefit (Maslaha). For instance He cannot prevent the subjects from importing goods under the pretext of protecting the local industry unless it actually harms the economy of the country. He cannot also set prices for the people under the pretext of preventing exploitation. He also cannot force landlords to rent their properties under the pretext of easing housing, unless there was a pressing need for that, or any other policy that violates the Shari’ah rules. He is, therefore, forbidden from prohibiting a Mubah action, or allowing a Haram one.
这是因为安拉的使者(愿主福安之)所说的话: Wait—per rules: write ﷺ after every mention of the Prophet, instead of "(pbuh)". So: 这是因为安拉的使者ﷺ所说的话:
This is because of what the Messenger of Allah (pbuh) said:
“伊玛目是监护人,他对其臣民负有责任。”正因如此,沙里尔赋予哈里发的那些规定,例如他依自己的见解和伊杰提哈德来管理公库(Baitul-Mal)的资金,又例如强制民众在某一事务上遵循某一特定见解,以及诸如此类的权力,才成为其依据。这段圣训赋予他行使全部权威的权利,不受任何限制。国库的管理、法律的颁布、武装部队的组织与训练、任命瓦利(Wulah)以及哈里发被赋予的其他权力,都不受任何限制。这证明哈里发可依其认为适当的方式处理臣民的事务,不受任何限制;在所有此类事务上服从他是必须的,违抗他则是罪过。然而,处理臣民事务必须依照沙里尔的规定进行,即遵循沙里尔的经训文本。这些权力虽然是绝对的,但只受沙里尔的限制,即必须符合沙里尔的规定。例如,哈里发虽有权依其意愿任命瓦利,但他不能任命异教徒、儿童或女性担任瓦利,因为沙里尔禁止这样做。再如,他有权允许异教国家在其统治地区设立使馆,这一权力是不受限制的;然而,如果某个异教国家意图借使馆来控制伊斯兰领土,他允许其设立使馆就是错误的,因为沙里尔禁止这样做。又如,他在决定预算的细节以及各部门所需的金额方面有完全的自主权;但是,如果国库的收入不足以支付,他不能以征税建坝为借口,批准建造水坝的项目。 因此,如果水坝并非不可或缺,那么按照伊斯兰教法(Shari'ah)征收税款来建造它就是不允许的。哈里发因此在教法中被赋予了自由裁量权,可以依照教法所允许的范围来管理乌玛的事务。然而,这种管理上的自由必须遵循教法的规定。此外,拥有治理国家的无限权力,并不意味着哈里发可以随意制定他想要的法律来管理国家事务。相反,这意味着留给他自行处置的事务,在他看来以任何他认为合适的方式处理,都是被允许的(Mubah)。因此,在他有权依自己的意见行事的事务上,他可以采纳某一规定,而服从他在此规定上的命令就成为义务。这是因为教法赋予他依自己意见行事的权力,并命令我们服从他。因此,他有权将所采纳的意见颁布为人们必须遵守的法律。例如,他可以依自己的意见和伊evaluation(Ijtihad)管理国库,人们也被命令服从他在这方面的决定。因此,他有权制定国库的法律,而这些法律必须得到遵守。他也有权统领武装力量,管理军队事务,依自己的意见和伊evaluation(Ijtihad)行事,人们必须服从他在这方面的决定。因此,他有权制定军队领导层的法律,并据此管理军队,服从这些法律便成为有约束力的义务。哈里发有权依自己的意见和伊evaluation(Ijtihad)管理公民事务,并依自己的意见和伊evaluation(Ijtihad)任命负责这些事务的人员,人们必须服从他在这方面的决定。因此,他有权制定法律来管理各部门,以及规范雇员的法律。据此,这些法律必须得到遵守。 因此,凡是哈里发可以依据自己的见解和伊志提哈德来处理、属于其法定职权范围内的事务,他有权为此类事务制定并颁布法律,遵守这些法律是强制性的。不能由此推断所有方式在本质上都是可供任何人选择的麦巴赫(允许之事)。因此,哈里发不得指定某种特定方式并使其成为强制,因为这会被视为将允许之事变为义务:强迫执行允许之事,等同于使允许之事成为义务;而通过禁止其他方式,使允许之事变为禁止,这也是不被允许的。说这种话是错误的,因为尽管麦巴赫本质上是一种方式,但管理国库的各种方式对哈里发而言是麦巴赫,对其他人则不是。同样,管理武装力量的各种方式对哈里发而言是麦巴赫,对民众则不是。管理公民事务也是如此。这些方式专属于哈里发的麦巴赫,并非对所有人都是麦巴赫。因此,遵守哈里发为管理民众事务而采纳的麦巴赫,即在沙里阿赋予他依据自己的见解和伊志提哈德行事的事务上,服从哈里发的命令,并不被视为哈里发将麦巴赫变为义务或将麦巴赫变为禁止。哈里发为执行某种麦巴赫而强制施行、并禁止其他方式,这在哈里发本人而言是麦巴赫,用此方式管理事务也是他的职责所在,但这并不意味着所有民众都可以用此方式来管理。因此,遵守哈里发为管理民众事务而采纳的麦巴赫事务,在沙里阿赋予他依据自己的见解和伊志提哈德处理的范围内,不应被视为哈里发将麦巴赫变为义务,或将麦巴赫变为禁止。 这实际上是使服从成为强制性的,服从的对象是伊斯兰法所允许哈里发依据自己的见解和伊杰提哈德来决定的事务。因此,哈里发为管理事务而选择的任何允许性(Mubah)事项,都对每一位公民具有约束力,必须遵守。基于此,欧麦尔·本·阿勒-赫塔卜设立了“迪旺”(dawawin),哈里发们也基于此为其总督(‘Amil)和臣民制定了某些规章,并责令他们遵照这些规章执行,且只能依此执行。因此,哈里发有权制定行政法律以及其他同类性质的一切法律。对于这些法律的服从是强制性的,因为这是对哈里发在伊斯兰法授权范围内所发出的任何命令的服从。
“The Imam is a guardian and He is responsible over his subjects.” It is also because of the rules that the Shar’a gave to the Khaleefah, like his managing of the funds of Baitul-Mal according to his own opinion and Ijtihad, and like forcing of the people to abide by one specific opinion in one matter, and the like. This Hadith gives him the right of exercising his total authority without any restriction whatsoever. The management of the treasury, the adoption of laws, the organising and training of the armed forces and the appointing of Wulah and other powers given to the Khaleefah, all these powers are not subject to any restriction. This proves that the Khaleefah looks after the affairs of the subjects as He deems fit without any restrictions, and obedience to him in all such matters is compulsory and disobedience to him is a sin. However, running of the subjects’ affairs has to be performed according to the Shar’a rules, namely according to the Shari’ah texts. The powers, although they are absolute, but are restricted by Shar’a only, that is to be according to the Shari’ah rules. For instance, although the Khaleefah has the powers to appoint the Wulah as He deems, He cannot appoint a disbeliever or a child or a woman as Wali for Shar’a has forbidden this. He also, for instance, has the powers to allow the opening of embassies of disbelieving countries in territories under his authority and this power is unrestricted. It would however be wrong for him to allow the opening of an embassy of a disbelieving state which intends to use the embassy as a tool to dominate the Islamic lands, for Shar’a forbids this. He also for instance has a free hand in deciding the details of the budget and the amounts needed for each section. However, He cannot endorse a project of building a dam while the revenues of the treasury are not enough for it, under the pretext that He collects taxes to build the dam. This is because if the dam is not indispensable, then it is wrong according to Shari’ah to impose taxes to build it. The Khaleefah is thus given a free hand by the Shar’a in governing the Ummah’s affairs according to what Shar’a allows him. However, this freedom of management is conducted according to the Shar’a rules. Furthermore, having unrestricted powers in running the government does not mean that the Khaleefah can enact laws that He wants to manage the affairs of the state. Rather, it means that what is left for his disposition it is Mubah for him to dispose of it according to his opinion, in whatever way He deems fit. So He can adopt the rule in the matter in which He is allowed to act according to his own opinion, and obedience to him in this rule becomes compulsory. This is because the Shar’a gives him the authority to act according to his own opinion, and commands us to obey him. Thus He has the right to enact such adopted opinion as a law by which people must abide. He, for instance is allowed to manage the treasury according to his own opinion and Ijtihad, and people are commanded to obey him in that. He, therefore, has the right to enact the laws of the treasury that, accordingly, must be obeyed. He also has the power to head the armed forces and to run the affairs of the army, and according to his own opinion and Ijtihad, and people must obey him in that. Thus He has the right to enact laws for the army leadership, and for administering the army accordingly, and obedience to such laws becomes binding. The Khaleefah has the right to run the affairs of the citizens according to his own opinion and Ijtihad, and to appoint those who run these affairs according to his own opinion and Ijtihad, and people have to obey him in that. So He has the right to enact laws to administer the departments and laws for the employees. Accordingly, these laws must be obeyed. Therefore, everything that is left to the Khaleefah to act upon according to his own opinion and Ijtihad, and is part of his mandatory powers, He has the right to adopt and enact laws for such matters; and compliance with such laws is compulsory. It is not correct to conclude that all styles are mubah in essence for everyone to choose. So the Khaleefah is forbidden from specifying a particular style and making it compulsory, for this would be considered as making the Mubah action compulsory, since forcing the execution of the Mubah is equivalent to making the Mubah compulsory, and making the Mubah Haram by preventing the other styles, a matter which is not allowed. It would be wrong to say this because although Mubah is a style in essence, the styles of managing the treasury are Mubah for the Khaleefah only and not to other people. Likewise, the styles of running the armed forces are Mubah for the Khaleefah only and not for the people. The same is true with running the affairs of the citizens’ affairs. These are exclusively Mubah for the Khaleefah and not for all the people. Therefore, the obligation of abiding by the Mubah does not make this Mubah as Fard. It is rather making obedience compulsory in the matters which the Shar’a has allowed the Khaleefah to enact according to his own opinion and Ijtihad, i.e. in what He chose of opinion and Ijtihad to manage the affairs. Though it is Mubah that the Khaleefah obliged its execution and prevented other than it, it is however a Mubah for the Khaleefah to manage the affairs according to it, because managing the affairs is his duty, and it is not Mubah for management by all the people. Therefore, the obligation of abiding by the Mubahaat which the Khaleefah has adopted for managing the people’s affairs in the matters which the Shar’a has given him powers to conduct according to his own opinion and Ijtihad, is not considered as if the Khaleefah had made the Mubah as Fard and the Mubah as Haram. It is rather making obedience compulsory in the matters which the Shar’a has allowed the Khaleefah to enact according to his own opinion and Ijtihad. So every Mubah the Khaleefah chose to manage the affairs becomes obligatory upon every citizen to abide by. Based on this ‘Umar ibn al-Khattab laid down dawawin, and based on this the Khulafaa’ enacted certain regulations for their ‘Amil and for the subjects and they obliged them to act upon such regulations and execute them exclusively. Therefore, it is allowed for the Khaleefah to draw up the administrative laws and all the other laws of such nature. His obedience in such laws is compulsory, for it is an obedience to the Khaleefah in whatever He orders in matters which are within the mandate given to him by Shar’a.
然而,这仅涉及管理事务方面的"Mubah"(允许行为),即哈里发根据自己的见解和Ijtihad(独立判断)被允许处理的任何事务。这包括组织国家各部门的行政管理、组建武装力量以及其他类似事务。它并不适用于所有允许的事务,而只适用于那些以哈里发身份被允许由其裁量的事务。至于适用于所有人的其他规定,如Fard(必须履行的义务)、Mandub(提倡的行为)、Makruh(厌恶的行为)、Haram(禁止的行为)和Mubah(允许的行为),哈里发同样受沙里亚规定的约束,绝对不得违反。正如布哈里和穆斯林从阿伊莎处所传述的,安拉的使者ﷺ说:
However, this only concerns the Mubah relating to looking after the affairs, namely in whatever matter the Khaleefah is allowed to conduct according to his own opinion and Ijtihad. This is in matters such as organising the administration of the state’s departments, the organising of the armed forces and other similar matters. It does not apply to all Mubah matters, but only in what has been made Mubah to the Khaleefah, in his capacity as a Khaleefah. As for the other rules like the Fard, Mandub, Makruh, Haram and Mubah which relate to all the people, the Khaleefah is restricted by the Shar’a rules regarding them, and He is absolutely forbidden from violating them. For Al-Bukhari and Muslim narrated from ‘Aiesha that the Messenger of Allah (pbuh) said:
“谁在我们这件事(Deen)中引入不属于它的东西,那么它是被拒绝的。”这段文字是通论性的,包括哈里发以及其他人。
“Whoever inserted anything in this our matter (Deen) that is not part of it, it is rejected.” This is a general text that includes the Khaleefah and others.