11 国家的结构
11 The Structure of the State
68. 伊斯兰的统治结构与其他一切统治结构有着根本的不同。它既不是君主制,也不认可君主制。它不赋予国家元首任何超出乌玛中任何个人所应享有的权利。它也不使国家元首成为所有者;他乃是真主法律(沙里尔)的执行者。此外,他也不是乌玛的象征,即拥有而不治理。他是由乌玛任命担任统治职位的,代表乌玛进行治理,而对这一统治权本身并不拥有任何所有权。这一结构中也根本不存在王储制度。
68. The ruling structure in Islam fundamentally differs from all other structures of ruling. It is not a monarchical system, nor does it approve of the monarchical system. It does not allow the head of the state any rights other than those that any individual in the Ummah is entitled to. Nor does it make the head of the state an owner; he is rather an executor of the Shar’ of Allah. Also, he is not a symbol for the Ummah, where he owns but does not govern. He is rather appointed by the Ummah in the post of ruling, where he governs on her behalf, without owning any thing of this ruling. This structure does not have crown prince hood at all either.
它也不是共和制度。在这一制度中,国家领导权并不固定于某一特定期限,而是以特定方式确定。因此,哈里发必须满足某些条件才有资格担任哈里发之职。若其中任何一项条件遭到破坏,他就会脱离哈里发之职,并立即被罢免或随时面临被罢免。然而,只要他满足这些条件,他就会一直担任哈里发,直至去世。此外,在共和制中,人民会限制共和国总统的职权。这与伊斯兰不同:在伊斯兰中,国家元首的职权并不受限,因为他拥有全部职能,他本身便代表着国家及其全部职能。
Nor is it a republic system. The leadership of the state in it is not fixed for a specific period. It is rather fixed with a specific manner. Thus, the khaleefah has to meet certain conditions in order to be suitable for the post of Khilafah. If any of these conditions was broken, then he will become alien from the Khilafah, and he is removed immediately or becomes subject to removal. However, as long as he meets these conditions, he will remain as khaleefah until he dies. Moreover, the people limit the functions of the president of the republic in the republican system. This is different to Islam, where the functions of the head of the state are not limited; for he has all the functions, and he is the state with all of its functions.
它也不是专制制度,因为国家元首受到伊斯兰教法(Shar’)律例的约束。因此,他不能允许哈拉姆之事,也不能禁止哈拉勒之事。他反而受到沙里尔(Shar’)的约束。这与专制制度不同,专制制度下国家元首拥有不受限制的权力,他依据自己的意见行事。他既是立法者,也是执行者。而哈里发并非立法者,他只是沙里尔(Shar’)的执行者。
It is also not an autocratic system, because the head of the state is restricted by the ahkaam of Shar’. So he cannot allow something that is haraam, nor prohibit something that is halaal. He is rather bound by the Shar’. This is different to the autocratic system, where the head of the state has unrestricted authority and he proceeds according to his own view. He is the legislator and the executor. While the Khaleefah is not the legislator, he is rather executor of the shar’.
它也不是一种帝国主义制度。这是因为所辖各省虽然在民族出身上各不相同,但都隶属于同一个中央政权。伊斯兰教使国家境内不同民族出身的人处于同等地位,并不赋予中心地区相对于其他各省的任何优势。此外,所有省份共用一份预算,税收的征收也是为了所有省份的共同利益。每个省份的开支并不根据其自身的税收来决定,而是根据其自身的需要来决定,无论其税收多少。而且,所有省份适用同一部法律,并受同一权力机构的管辖。
It is not also an imperialistic system. This is because the governed provinces, no matter how much they are different in terms of ethnic origins, they are all related to one central authority. Islam put the different ethnic origins all over the State on the same level. It does not give the centre of the state any advantage over the other provinces. Besides, all the provinces have one budget and revenues are collected for the interest of all of them. Expenses in each province are not decided based on its own revenues, rather based on its own needs, regardless of the amount of its revenues. Moreover, all the provinces have the same law and ruling authority.
它也不是联邦制,其各省并非依靠各自的自治而分立、又通过共同的统治而联合。它而是一种统一制度,其所有省份都被视为一个国家。它的任何省份都不拥有任何统治权力,无论是在内政、外交、经济、教育,还是其他任何方面。相反,全部权力都掌握在一人之手,并集中于一个中心。伊斯兰教法命令为维护统一而杀戮和战斗。先知ﷺ说:"凡向一位伊玛目宣誓效忠、握手立约、把心意的果实献给他的人,应当尽力服从他。如果有其他人前来与他争夺权位,就砍掉那人的脖子。"因此,这个国家的结构与其他所有国家的结构都不相同。他是执行伊斯兰教法的哈里发;除非穆斯林自愿且欣然地以宣誓效忠(bay'ah)的方式任命他,他就不能成为哈里发,即不具备权威。一旦他成为哈里发,所有的统治职能便都归于他一人之手。
It is also not a federal system, where its provinces are separate through their self-autonomy, and at the same time united through the common ruling. It is rather a system of unity, where all its provinces are considered one country. None of its provinces has any of the ruling authority, neither in the internal policy, foreign policy, economy or education, or any other authority at all. Rather, the whole authority is in one hand, and in one center. The Shar’ ordered killing and fighting in order to preserve the unity. The Messenger (PBUH) said: “And whoever gave a bay’ah to an Imam, thus giving him the clasp of his hand the fruit of his heart, let him obey him as much as he can. If any other person came wanting to dispute with him, then strike the neck of the other person.” Thus, the structure of the State differs from the structure of all the other States. He is a Khaleefah who implements the Shar’; he cannot become a Khaleefah, i.e. he does not have the authority, unless the Muslims appointed him by the bay’ah, willingly and happily. Once he becomes Khaleefah, all the functions of ruling fall into his hands alone.
69. 权威不同于武力,但没有武力,权威便无法持续。同样,武力不同于权威,但没有权威,武力便无法合理。
69. Authority differs from force, though it cannot continue without it. Similarly, force differs from authority, though it cannot be sound without it.
权威即统治权,它是“伍拉亚图·安尔”(即主管事务的职责)。它是乌玛所接受的一整套思想、概念与标准的执行机构。因此,权威(苏丹)的职能在于执行律例(אחكام),照管民众的事务,并处理他们的事情。
Authority is ruling, and it is the Wilaayat ul-Amr (responsibility in charge). It is an executing entity for the host of thoughts, concepts and criteria accepted by the Ummah. Thus, the function of the authority (sultaan) is to execute the rules (aHkaam), look after the affairs of the people, and manage their matters.
因此,权威与强制力是有区别的,尽管权威不能脱离强制力而存在。这是因为,强制力是保护权威的工具,也是保护权威所建立于其上的一整套思想、观念、标准和规则的工具。同时,强制力也是权威用来执行规则、镇压罪犯、暴君和违法者,并迫使他们遵守规则的工具。
Thus, it is different to force, though authority cannot exist without force. This is because force is the tool for protecting the authority and the host of thoughts, concepts, criteria and rules upon which the authority is established. Force is, at the same time, a tool that the authority uses to execute the rules, repress the criminals, tyrants and offenders, and subdue them until they abide by the rules.
至于国家中的武力,它并非用于照管民众的事务或管理他们的事情。换言之,它不是权力(sultaan),尽管武力的存在、组建、管理、筹划和准备,若没有权力便无从实现。
As for force in the State, it is not for looking after the affairs of the people or managing their matters. In other words, it is not authority (sultaan), though the existence, formation, management, planning and preparation of force are not possible without authority.
力量是一种有形的实体,体现在军队之中,警察也包括在内。权威借助它来执行规则、制服罪犯和罪人、镇压叛乱者,并抵御侵略者。它也被视为一种工具,用来保护权威所依托的整套思想、观念与准则。
Force is a physical entity represented in the army, including the police, by which the authority executes rules, subdues the criminals and sinners, suppresses the rebels and resists the aggressors. It is also taken as a tool to protect the authority and the host of thoughts, concepts and criterion, on which the authority is established.
由此可见,权威不同于武力,而武力也不同于权威。
It thus becomes obvious that authority is different to force, and that force is something different to authority.
因此,权力不允许变成强制力量;因为如果权力变成了强制力量,那么它对人民事务的照管就会被扭曲。这是因为,权力的概念和标准将变成镇压、压迫和统治的概念,而不是照管的概念。权力也将转变为一种军事统治,其唯一的任务就是恫吓、支配、镇压、压迫和流血。
Therefore, it is not allowed for the authority to become force; because if the authority became force, then it’s caring for the people’s affairs would be perverted. This is because the authority’s concepts and criterion would become concepts of suppression, oppression and dominion, and not concepts of caring. The authority would also change to become a military rule that has no task other than intimidation, domination, suppression, oppression and shedding blood.
正如权威不得转变为武力,武力同样不得转变为权威,因为那样一来,它就会以强权的逻辑进行统治。它也会以戒严法的观念和标准来管理民众的事务,以镇压和压迫的理念行事。这两种做法都会造成毁灭与破败,引起恐怖、恐惧与惊慌,并将乌玛推至濒临毁灭的边缘。这将给乌玛带来最大的伤害,而沙里尔(Shar'ee)的原则规定:"不得造成伤害,也不得以伤害回应伤害。"
As it is not allowed for the authority to change to become force, it is likewise not allowed for the force to become authority, because it would start to rule using the logic of power. It would also look after the affairs of the people with the concepts and criterion of martial laws and the concepts of suppression and oppression. These two approaches would create destruction and ruin, cause terror, fear and panic, and lead the Ummah to the brink of ruin. This would cause greatest harm to the Ummah, while the Shar’ee principle states: “it is not allowed to inflict harm, and nor to answer harm with harm.”.
70. 治理制度建立在四项原则之上:
70. The ruling system is based on four principles:
a) 主权属于沙里亚(Sharee'ah),而非属于人民。
a) Sovereignty is for the Sharee’ah and not for the people.
b) 权威属于乌玛(穆斯林共同体)。
b) Authority belongs to the Ummah.
c) 任命一位哈里发对穆斯林而言是法尔德(必须履行的义务)。
c) Appointment of a single Khaleefah is Fard on the Muslims.
d) 只有哈里发有权采纳伊斯兰教法(Sharee'ah)的律例。
d) Only the Khaleefah has the right to adopt Sharee’ah rules.
因此,哈里发负责颁布宪法与法典。至于主权属于安拉而非人民,正如民主宪法所规定的那样,这是因为伊斯兰乌玛并非由其意志所指引,去做它想做的任何事情。相反,它受安拉的命令与禁令所指引。它服从沙里亚,因此主权属于沙里亚。至于权威属于乌玛,这是因为沙里亚规定哈里发须经由乌玛任命,并且哈里发通过效忠(Bay'ah)获得权力。至于第三项原则,即任命哈里发的义务,它在尊贵的圣训中得到确立:先知ﷺ说道:
So the Khaleefah is the one who enacts the constitution and canons. As for the sovereignty belonging for Allah and not for the people, as is stipulated by democratic constitutions, this is because the Islamic Ummah is not directed by her will, to do whatever she wishes. Rather, she is directed by the orders and prohibitions of Allah. She is subject to the Sharee’ah and hence sovereignty belongs to the Sharee’ah. As for the authority belonging to the Ummah, this is because the Sharee’ah has enjoined that the Khaleefah be appointed via the Ummah and that the Khaleefah takes the authority through the Bay’ah. As for the third principle, the obligation of appointing the Khaleefah, it is established in the noble Hadeeth: He (PBUH) said:
“谁收回对一项服从的承诺,他在复活日见到真主时将没有任何证据;谁死时颈上没有效忠誓约(bay’ah),他就是死于贾希利叶时代的死亡。”因此,每位穆斯林颈上都有效忠誓约,这一义务的实现,就在于存在一位哈里发,而这位哈里发因其存在,便有资格获得每位穆斯林颈上的效忠誓约。至于第四条原则,这已由圣门弟子的公议(Ijmaa’)所确立。从这一公议中,引出了著名的沙里亚原则:“伊玛目的命令消除争议”,“伊玛目的命令必须执行”,“苏丹(伊玛目)有权为层出不穷的新事务制定新的法律”。
“The one who withdraws his hand from an obedience he will meet Allah on the Day of Judgment with no proof for him; and the one who dies without a bay’ah on his neck will die the death of Jaahiliyyah.” So the waajib is the presence of the bay’ah on the neck of every Muslim, i.e. the presence of a Khaleefah who, through his presence, deserves a bay’ah in the neck of every Muslim. As for the fourth principle, this has been established by the Ijmaa’ of the Sahabah. From this Ijmaa’ the famous Sharee’ah principles have been taken: “The order of the Imaam removes the dispute,” “the order of the Imaam is executed,” “The Sultan (Imam) reserves the right to adopt new laws for as many new matters that arise.”.
71. 该国家建立在八项基石之上:
71. The state is based on eight pillars:
1. 哈里发 2. 授权助手——持有授权委托书者 3. 执行助手 4. 圣战指挥官(Ameer of Jihad) 5. 总督(Waalis)
1. The Khaleefah 2. Delegated Assistants - with powers of attorney 3. The Executing Assistants 4. The Ameer of Jihad 5. The Governors (Waalis)
6. 司法机关 7. 行政部门 8. 乌玛议会 先知穆罕默德ﷺ在这一框架内建立了国家结构。他命令穆斯林任命一位国家元首,即命令他们任命一位哈里发。先知ﷺ选择艾布·伯克尔和欧麦尔作为他的瓦兹尔,即助手。他ﷺ说道:
6. The Judiciary 7. The Administrative Departments 8. The Majlis of the Ummah The Messenger of Allah (PBUH) established the state structure in this framework and he ordered the Muslims to appoint a head of state when he ordered them to appoint a Khaleefah. The Messenger (PBUH) chose Abu Bakr and Umar as his wazeers i.e. assistants. He (PBUH) said:
“我在地上的两位大臣是阿布·伯克尔和欧麦尔。”至于各省,他任命了省长(wālī),并任命了卡迪(qāḍī)在民众之间裁决。至于行政,先知ﷺ任命了管理者,负责管理各个政府部门。至于圣战埃米尔(Amīr al-Jihād)一职,该职负责以下事务:外交、战争、内政和工业事务,先知ﷺ和此后的哈里发们都是亲自承担此职。然而,欧麦尔·本·哈塔卜设立了士兵事务部门,并任命了一位专人负责,而这属于圣战埃米尔的必备职权之一。至于乌玛议会(Majlis al-Ummah),先知ﷺ在想要时便与穆斯林协商。他经常召集某些人与他们协商,这些人就是民众的代表。由此可见,先知ﷺ以一种特定的形式为国家建立了架构。
“My two ministers among the people of the earth are Abu Bakr and Umar.” As for the provinces, he appointed waalis and he appointed judges (qaadis) to judge between the people. As for the administration, the Messenger (PBUH) appointed administrators to manage the various governmental departments. As for the ameership of Jihaad, which will administrate the following aspects: foreign affairs, war, internal affairs and industrial affairs, the Messenger (PBUH) and the Khulafaa’ after him used to undertake this post themselves. However, ‘Umar b. al-Khattab established a department for the soldiers and appointed a specific person to be responsible for it, which is one of the mandatory powers of the Ameer of Jihaad. As for the Majlis al- Ummah, the Messenger (PBUH) used to consult the Muslims whenever he wanted. He used to call upon certain individuals consistently to consult them and they were the representatives of the people. This makes clear that the Messenger (PBUH) established a structure for the state in a specific form.
72. 哈里发任命一名授权助手来承担治理的职责。哈里发将管理事务的总体职责委托给他,由其依据自己的见解处理事务,并根据他的伊吉提哈德(Ijtihaad)来执行。
72. The Khaleefah appoints a delegated assistant to undertake the responsibility of ruling. The Khaleefah delegates to him the general responsibility of managing the affairs according to his view and to execute them based on his Ijtihaad.
因此,规定任命若要成为委托合同,其中必须包含表明这是全面监督的措辞,即表明其拥有统治所要求的全部权力。换言之,其中必须包含表明他是哈里发的代理人的措辞。因此,在任命助手时,必须使用表明助手实际身份的措辞:他是哈里发的代理人,并拥有哈里发所应有的全部权力。在统治权力方面,他所拥有的与哈里发相同。在权威方面,他与哈里发完全一样。正因如此,当欧麦尔担任助手时,人们曾向艾布·伯克尔抱怨,问他:“你是哈里发,还是欧麦尔是哈里发?”他回答说:“是我和他。”这发生在圣门弟子面前。然而,助手在采取任何行动之前,必须先通知哈里发,才能执行该行动。如果哈里发阻止他,他便停止该行动;否则,他便可以执行。通知哈里发并不意味着已经取得许可,而只是告知哈里发某事。他无需等待许可,而是在通知哈里发之后执行该行动,除非哈里发阻止他这样做。哈里发有权取消助手所采取的行动,前提是如果哈里发自己采取这些行动,他本可以取消它们。至于那些哈里发自己即便采取也无法改变的行动,如果助手已经执行,哈里发便不能取消。这可能是助手以正当方式执行的某项裁决,或是他按应有之处花费的钱财。哈里发必须审查助手的一切行为,以确认正确的部分,纠正错误的部分。由此可见,助手在哈里发职能的一切方面代表哈里发。 然而,他的职责是向哈里发汇报他所完成的每一件事以及他所任命的每一个人选,而且所有这些都必须在执行之前完成。此外,他还要避免做任何受到阻碍而不能做的事情。这位助手过去被称为授权助理,即“wazeer tafweedh”(授权宰相)。
That is why it is stipulated that in order for the appointment to be a contract of delegation, it should include wording that indicates it is a general supervision, i.e. it indicates that he has all the mandatory powers of ruling. In other words, it should include wording that indicates that he is the delegate of the Khaleefah. Therefore, when appointing the assistant, one must use words that indicate the reality of the assistant, that he is the delegate of the Khaleefah, and he takes all the mandatory powers of the Khaleefah. He has what the Khaleefah has in terms of ruling powers. In terms of authority he is exactly like the Khaleefah. That is why the people used to complain to Abu Bakr about ‘Umar, when Umar assumed the responsibility of assistant. They used to ask him: “are you the Khaleefah or is it ‘Umar?” He used to reply: “me and him”; and this happened in front of the Sahabah. However, the assistant cannot undertake something until he has informed the Khaleefah before doing the action. If the Khaleefah prevents him then he desists from undertaking the action, otherwise he would execute it. Informing the Khaleefah about something does not mean permission has been taken; it is rather informing the Khaleefah about something. He does not wait for permission but does the action after informing the Khaleefah, unless the Khaleefah prevents him from doing so. The Khaleefah is entitled to cancel actions undertaken by the assistant, if they were actions that the Khaleefah could cancel if he had undertaken them himself. As for the actions that the Khaleefah himself could not change if he undertook them, the Khaleefah can’t cancel them if the assistant executed them. This could be a ruling that the assistant executed in its proper way, or money that he spent for its due. The Khaleefah must review all the actions of the assistant, so as to endorse the correct ones and rectify the wrong ones. Thus the assistant represents the Khaleefah in all the functions of Khilafah. However, his function is to inform the Khaleefah of every matter he accomplished and every appointment he performed; all of that must be done before execution. This is beside him abstaining from any action he is obstructed from doing. This assistant used to be called delegate assistant ‘wazeer tafweedh’.
73. 哈里发将任命一名执行助理。他的工作属于行政事务,而非统治事务的一部分。他的部门负责执行哈里发向内政和外交部门发出的指令,并将需要处理的、来自这些部门的所有事务提交给他,从而使他成为哈里发与其他各方之间的联络人:他传达哈里发发出的命令,并向哈里发汇报提交给他的事务。这一结构是哈里发的助手,但它是执行上的助手,而非统治上的助手。因此,哈里发有权任命与他一同执行事务的人;并且他可以在这一职位上任命不止一人。如果他任命了不止一人,他会指派每人负责领导一个特定的部门。执行助理(wazeer tanfeedh)直接隶属于国家元首。他的关系只与国家元首相关,因为他执行元首所需要的事务,并向元首汇报所收到的事项。因此,他如同助手一般,属于直接隶属于哈里发的机构,但并不属于统治机构。据此,哈里发的府邸由三个部分组成:第一,哈里发,即国家元首;第二,助理,或称"授权助理"(wazeers of tafweedh);第三,执行机构,或称"执行助理"(wazeer tanfeedh)。
73. The Khaleefah will appoint an executive assistant. His work is part of the administrative actions and not part of ruling. His department executes the directives issued by the Khaleefah to the home and foreign departments, and submits all business to him that needs to be looked into from those departments, so that he becomes the connection between the Khaleefah and others, where he channels what the orders the khaleefah issues of and he reports back to the khaleefah what has been submitted to him. This structure stands as an assistant to the Khaleefah, though it is an assistant in execution, not in ruling. So the Khaleefah has the right to appoint someone who will carry out the actions with him; and he can appoint more than one person in that post. If he appointed more than one person, he would assign each one to head a specific division. The executing assistant ‘wazeer tanfeedh’ is directly linked to the head of State. His relationship is only with the head of State, because he executes what he wants from him, and reports to him what comes (to him). So he is like the assistant, which is from the structures directly linked to the Khaleefah, though it is not from the ruling structures. Accordingly, the house of Khilafah consists of three sections: firstly, the Khaleefah, who is the head of State; secondly, the assistants or what is called ‘wazeers of tafweedh’; and thirdly the structure of execution, or what is called ‘wazeer tanfeedh.’.
第74条:乌玛议会由代表穆斯林的人员组成,他们对统治者进行问责,并代表穆斯林发表意见,以供哈里发参考。允许非穆斯林成为乌玛议会的成员,以便就统治者的任何压迫行为,或就伊斯兰法规在他们身上的错误适用提出申诉。非穆斯林无权参与协商(�ura),无权推选哈里发候选人,无权选举哈里发,无权向其宣誓效忠(拜尔阿),也无权讨论法律及其立法。这些成员由民众直接选举产生。凡具有公民身份、已成年且神智健全者,无论男女,无论是穆斯林还是卡菲尔,都有权成为议会成员。穆斯林成员有权推选哈里发候选人,其在此事上的意见具有约束力。
74. The Majlis al-Ummah is composed of people who represent the Muslims in accounting the rulers and representing them in opinion so that the Khaleefah can refer to them. It is allowed for non- Muslims to be part of the majlis al-Ummah in order to voice their complaints about any oppression of the rulers, or about the misapplication of the rules of Islam upon them. They do not have a right to be consulted (in Shura), to select the candidates for the Khilafah, to elect the Khaleefah, to give him bay’ah, or to discuss the laws and their legislation. These members are elected directly by the people. Anyone who carries the citizenship is mature and sane, has the right to be a member of the Majlis, whether man or women, Muslim or kaafir. The Muslim members are entitled to select the candidates for the Khilafah and their opinion in this matter is binding.
75. 穆斯林有权组建政党,以监督统治者,并通过乌玛(Ummah)的方式掌握政权,但前提是这些政党须以伊斯兰的“阿קיदה”(信仰)为基础,且其所采纳的规则须出自伊斯兰教法(Sharee'ah)的规定。该政党无需任何许可证;凡以伊斯兰以外的思想为基础的政党均被禁止,例如共产主义政党、民族主义政党或爱国主义政党。
75. The Muslims have the right to establish political parties to account the rulers and to arrive at power via the Ummah, on condition that these parties are established on the basis of the Islamic ‘Aqeedah and the rules that they adopt are from the Sharee’ah rules. The party does not need any license; any party based on other than Islam is banned, such as communist, nationalistic or patriotic parties.
76. 所有公民都有权出版任何报纸或期刊,无论是政治性的还是其他类型的,并且有权出版任何书籍,无需取得许可证。凡印刷、传播或发表任何与国家所奠定的基础相抵触的内容,即伊斯兰信仰('Aqeedah)的内容,都将受到惩处。
76. All citizens have the right to issue any newspaper or journal, whether political or otherwise, and issue any book without the need for a license. Anyone who prints, propagates or publishes anything that contradicts the basis on which the state is established, i.e. the Islamic ‘Aqeedah, will be punished.