7.1 委托的助手
7.1 The Delegated Assistant
授权助手是哈里发任命的瓦吉尔(宰相),与哈里发共同承担统治和权力的职责。哈里发授权他依其见解处理国家事务,并依其伊吉particular... Let me correct: 依其伊智提哈德(Ijtihad)并遵循沙里亚(Shar'a)规则来执行这些事务。 Final translation: 授权助手是哈里发任命的瓦基尔(Wazir,宰相),与哈里发共同承担统治与权力的职责。哈里发授权他依据自己的见解处理国家事务,并依据其伊智提哈德(Ijtihad)、在遵守沙里亚(Shar'a)规定的前提下予以执行。
The delegated assistant is the Wazir whom the Khaleefah appoints to bear with Him the responsibilities of ruling and authority. The Khaleefah delegates to Him the running of the state’s affairs according to his opinion and executing them according to his Ijtihad in compliance with the Shar’a rules.
任命穆阿温(Mu'awin)属于“穆巴赫”(Mubah,即允许而非强制)的事务之一,意思是哈里发被允许任命一位授权的助手,协助他履行职责、处理事务。哈基姆(Al-Haakim)和提尔米兹(at-Tirmithi)从艾卜·赛义德·胡德里(Abi Sa'id al-Khudri)处转述,他说:安拉的使者ﷺ说:
The appointment of the Mu’awin is one of the Mubah matters that means the Khaleefah is allowed to appoint a delegated assistant to Him who helps Him in his responsibilities and tasks. Al-Haakim and at- Tirmithi reported from Abi Sa’id al-Khudri, He said that the Messenger of Allah (pbuh) said:
“我的两位大臣(Wazir)在天上是吉卜利勒和米卡伊勒,在地上是艾布·伯克尔和欧麦尔。”圣训中的“Wazir”一词,其语言学含义是辅佐者和助手。《古兰经》中也以此含义使用该词;安拉(SWT)说:
“My two ministers (Wazirs) from the heavens are Jibreel and Mika’il and on the earth are Abu Bakr and ‘Umar.” The word Wazir in the Hadith means the helper and the assistant, which is the linguistic meaning. It has been used in the Qur’an with such a meaning; Allah (swt) says:
“给我一位来自我家族的大臣(Wazir)。” [TMQ Ta-Ha: 29]
“Give me a minister (Wazir) from my family.” [TMQ Ta-Ha: 29]
"Wazir"一词在圣训中是非限定的(Mutlaq),涵盖在任何事务上的任何帮助或协助;因此,他可以协助哈里发履行哈里发职责和任务。Abi Sa'id al-Khudri的圣训并不特指在统治事务上的协助,因为天使Jibra'il和Mika'il——即从天堂来的、先知ﷺ的两位Wazir——与协助他承担统治的责任和职能并无关联。因此,圣训中的"Waziray"(我的两位Wazir)并不指向字面含义之外的其他意义,即"我的两位助手"。接受某人为助手或帮手属于Mubah(允许)之事,同样,任命Wazir也属于Mubah之事。先知ﷺ任命Abu Bakr和'Umar为Wazir,并未超出字面含义的范围,因为看不出他们曾与先知ﷺ一同承担统治的任务。然而,任命他们为自己的两位Wazir,赋予了他们在每件事务上协助他的必要权力,并未将其限定于统治和政府的事务与任务之中。任命他们为Wazir表明,哈里发可以选取一位在统治事务和任务上协助并帮助他的人担任Wazir。Abu Bakr成为哈里发后,任命'Umar ibn al-Khattab为其助手。他的协助十分明显,以至于一些Sahabah对Abu Bakr说:"我们分不清哈里发究竟是您还是'Umar。"'Umar担任哈里发职位后,'Uthman和'Ali是'Umar的助手,但他们在统治事务上似乎并未对'Umar起到任何辅助作用。他们的情形与Abu Bakr和'Umar同先知ﷺ时的情况相似。到'Uthman时期,'Ali和Marwan ibn al-Hakam是他的两位助手。然而,'Ali对某些事务不满,于是便疏远了。 然而,马尔万的“维齐尔”(Wizara)之职在协助奥斯曼处理治理事务方面表现得相当明显。
The word Wazir in the Hadith is unrestricted (Mutlaq) which includes any help or assistance in any matter; therefore He can assist the Khaleefah in the functions and the tasks of the Khilafah. The Hadith of Abi Sa’id al- Khudri is not specific to the assistance in the matter of ruling, because Jibra’il and Mika’il, the two Wazirs of the Messenger of Allah (pbuh) from the heaven, have no relationship in helping Him in the responsibilities and functions of ruling. Therefore, the word Waziray (my two Wazirs) in the Hadith does not indicate other than the linguistic meaning, which is my two assistants. Taking anyone as an assistant or as a helper is of the Mubah matters, likewise appointing the Wazir is of the Mubah matters. The Messenger’s appointment of Abu Bakr and ‘Umar as Wazirs does not go out of the bounds of the linguistic meaning, since it does not appear that they carried along with the Messenger of Allah (pbuh) the tasks of ruling. However appointing them as two Wazirs to Him gives them the mandatory powers of assisting Him in every matter without restricting that in the matters and tasks of ruling and the government. Appointing them as Wazirs indicates that it is allowed for the Khaleefah to take as a Wazir a person who assists Him and helps Him in the matters and tasks of ruling. After Abu Bakr became the Khaleefah, He appointed ‘Umar ibn al- Khattab as an assistant to him. His assistance was so evident to the point that some of the Sahabah said to Abu Bakr; “we cannot tell whether the Khaleefah is yourself or ‘Umar.” Once ‘Umar held the post of the Khilafah, ‘Uthman and ‘Ali were ‘Umar’s assistants, but they did not appear to carry out any assistant role to ‘Umar in the matters of ruling. Their situation was similar to that of Abu Bakr and ‘Umar with the Messenger of Allah (pbuh). At the time of ‘Uthman, ‘Ali and Marwan ibn al-Hakam were his two assistants. However ‘Ali was unhappy about some affairs, so He remained distant. However, Marwan’s Wizara was quite evident in assisting ‘Uthman in the tasks of ruling.
如果哈里发任命某人为其协助处理统治事务的人,他便将管理事务的权力大体上委托给此人,使其作为自己的副手。经此委托,被委托者即成为哈里发的瓦滋尔(Wazir,大臣)和受托协助者,并承担与哈里发相似的职责。然而,他并非像哈里发那样凭自身拥有权力,而是通过哈里发作为其副手对他的授权(tawliyat al-wizara')而拥有权力。因此,如果哈里发宣布"我已任命某人为我的受托大臣"或"我的受托协助者",或者对某人说"你来做我被委托之事的代理人",或使用其他类似措辞,那么被指定者此后即享有哈里发作为副手所应具有的全部权力。 马瓦尔迪在其著作《苏丹律例》(Al-Ahkam Al-Sultaniyya)中将此职位称为"授权型大臣之职"(Wizarat al-Tafwid),并如此描述:"至于授权型的大臣之职,是指伊玛目任命一位大臣,并将事务的处理委托给他,由其依自己的见解主持事务,并依自己的伊智提哈德(ijtihad)来执行。"这便是受托协助者的实际情形。他在哈里发的一切政务中充当协助者。无论哈里发是否将某项具体任务委托给他,他都有权处理任何与哈里发政务相关的事务,因为他已获得全面的授权。然而,他对每项所执行的任务都应向哈里发汇报,因为他是协助者而非哈里发。因此,他不能独立于哈里发之外,无论大小事务,都必须向哈里发报告所采取的每一项行动。这是因为统治事务的管理职责授予的是哈里发本人。
If the Khaleefah appointed someone to be his assistant in the matters of ruling, He delegates to Him the administration of the affairs, in general terms, as a deputy to him. By such delegation, the delegated person becomes a Wazir and a delegated assistant to the Khaleefah and, He has responsibilities like those of the Khaleefah. However, He does not possess his powers by himself like the Khaleefah, rather through the assignment of the wizara’ to Him by the Khaleefah as a deputy to him. Therefore, if the Khaleefah declares I have appointed so and so person as my delegated Wazir, or as my delegated assistant, or if He said to someone: ‘Be my deputy in what is assigned to me’ or any other wording to that effect, then the designated person would thereafter enjoy all the mandatory powers of the Khaleefah as deputy to him. Al-Mawardi, in his book Al Ahkam Al-Sultaniyya called this post ‘Wizarat-ut-Tafweed, and He described it as follows; “As for the delegated Wizarah, it means that the Imam appoints a Wazir, for whom He delegates the running of the affairs according to his own opinion and executing them according to his own Ijtihad.” This is the reality of the delegated assistant. He is an assistant to the Khaleefah in all the Khilafah functions. He has a mandate to perform any task related to the Khilafah, whether the Khaleefah delegated that particular task to Him or not, for He has been given a general delegation. However, He should report back to the Khaleefah for every task He performs, for He is an assistant and not a Khaleefah. Thus He cannot be independent of the Khaleefah but must report to Him about every action He undertakes no matter how big or small. This is because the running of the ruling affairs is commissioned to the Khaleefah.
在伊斯兰教法意义上,这里所说的“辅臣”或“瓦最尔”的实际情况,与民主制度中部长的实际情况截然不同。这是因为民主制度中的部长即是政府,即一群人以其特定集体的身份执行统治权。这是因为在他们看来,统治权属于集体而非个人。换言之,伊玛赖(统治权)是集体性的而非单一性的。因此,真正拥有统治全部法定权力的统治者是政府,即一群部长组成的内阁;没有任何一位部长享有绝对的统治授权,统治授权由整个内阁共同分享。至于单个部长,则被指派负责某一领域的治理,他在该领域内拥有法定权力,这些权力由政府整体授予他。对于未被指派给他的领域,其权力仍掌握在作为内阁的政府手中,而非他个人手中。例如,司法部长在其部门内享有一些法定权力,但在其他事务上他并无授权,这些事务由政府整体决定并管理。这就是民主制度中政府的实际情况。由此可见,它与伊斯兰制度中的“维札拉”(部门/职务)有着明显差异,我们也可以看到伊斯兰中的“瓦最尔”即辅臣一词与民主制度中“瓦最尔”即部长一词在含义上存在巨大差别。因此,在伊斯兰制度中,瓦最尔与维札拉(部长与部门)意味着哈里发在其一切职责上的辅佐者,无一例外;他履行这些职责,并向哈里发汇报。维札拉是一个由一人担任的单一职位,如果将其交给一个以上的人,那么他们每一位都将享有哈里发所拥有的同等法定权力。 在民主制度中,内阁(Wizara)实际上是一个集体,而非个人。每位部长仅在统治的某一特定领域拥有职权,他并不享有完全的权力,而只有有限的权力。以上清楚地说明了伊斯兰教中"Wazir"与"Wizara"的概念,与民主制度中这些概念之间的区别。 然而,民主制度所赋予"Wazir"和"Wizara"的含义,是目前最为普遍和流行的含义,一经提及,人们便会立即联想到这些含义。因此,为了消除任何混淆,并确定排除其他一切含义的、确切的伊斯兰教法含义,将哈里发的助手称为"Wazir",并不加限定地使用"Wizara"一词,是不恰当的。相反,应称其为助手(Mu'awin),这才是其真正的含义。另一方面,在使用"Wazir"和"Wizara"两词时,应当加以某种限定,以摒弃民主制度中的含义,而仅指明伊斯兰教中的含义。 由此可见,Mu'awin是指其授权涵盖国家在全境内的全部职能之人。因此有人说:"哈里发将一项全面的授权委托给助手,使其作为自己的代理人。"由此,Mu'awin这一职位的实质,是哈里发的代理职权;这种代理应当是全面的,涵盖国家的一切事务,也就是说,他是一位副统治者。
This reality of the assistant or the Wazir in Shari’ah terms is totally different to the reality of the ministry in the democratic system. This is because the ministry in the democratic system is the government; which is a group of individuals who, in their capacity as a particular group, carry out the ruling. This is because ruling, in their view, belongs to the group not to the individual. In other words, the Imarah is collective and not singular. Thus, the actual ruler who enjoys all the mandatory powers to rule is the government i.e. a group of ministers as a minister and none of them enjoys the absolute mandate to rule, but the mandate to rule is shared amongst the whole cabinet. As for the single minister, He is assigned to one area of ruling in which He would posses mandatory powers, which the government as a whole assigns to him. As for the areas not been assigned to him, they remain in the hands of the government as a cabinet and not to Him in person. For instance, the minister of justice enjoys some mandatory powers within his ministry and there are other matters over which He has no mandate, rather they are decided and run by the government as a whole. This is the reality of the government in the democratic system. From it we notice a marked difference between it and the Wizara of the Islamic system and we can also see a wide difference in meaning between the word Wazir i.e. assistant in Islam and the word Wazir i.e., minister in the democratic system. Therefore, the Wazir and the Wizara (minister and ministry) in the Islamic system means the Khaleefah’s assistant in all his duties without exception, wherein He performs such duties and reports back to the Khaleefah. The wizara is a singular position run by one person, and if it were given to more than one person each one of them would enjoy the same mandatory powers that the Khaleefah possesses. The Wizara (ministry) in the democratic system, on the other hand, is in fact a group, and not an individual, where each minister has powers only over a specific area of ruling. He does not enjoy full powers rather limited ones. The above clearly illustrates the difference between the concepts of the Wazir and the Wizara in Islam and their concepts in the democratic system. Nevertheless, the meanings of the Wazir and the Wizara as portrayed by the democratic system are the meanings that are predominant and widespread; and once mentioned, they are the meanings that immediately spring to people’s minds. Therefore, to remove any confusion and to determine the exact Shari’ah meaning to the exclusion of all other meanings, it would be invalid to call the Khaleefah’s assistants Wazirs and use the term Wizara without restriction. Rather, He should be called assistant (Mu’awin) and that would be the true meaning. On the other hand, some form of restriction should be laid down when using the words Wazir and Wizara to dismiss the democratic meaning and indicate the Islamic meaning alone.We gather from all this that the Mu’awin is the person whose delegation includes the whole of the state’s functions in the whole of the state’s territories. Therefore, it is said; “the Khaleefah delegates to the assistant a general delegation as a deputy to himself.” Thus, the reality of the Mu’awin’s job is that it is a deputyship for the Khaleefah; this deputyship should be general, including all the affairs of the state, i.e. He is an assistant ruler.