Article 52
The lands which are ruled by the State are divided into units, where each unit is called a Wilayah (province). Each province is divided into units and each unit is called an ’Imalah (district). The one who governs the province is called the Wali (governor) or Amir and the one who governs the ’Imalah is called the ’Aamil (worker) or Hakim (ruler).
The governors are rulers since the governorship is ruling; it is mentioned in the Al-Muhit dictionary: “And to govern something and upon it governorship (Wilayah) and guardianship (Wilayah), or it is the root and wilayah is the plan and leadership and authority”, and requires empowerment by the Khalifah or one whom he delegated to empower and so the governor is not appointed except by the Khalifah. The origin of governorship or leadership, in other words, in the governors and leaders, is the action of the Messenger (pbuh) . It is confirmed that he appointed governors over lands, and gave them the right to rule over the regions. He appointed Mu’adh Bin Jabal over Al-Jund, Ziyad Bin Labid over Hadramout and Abu Musa Al-Ash’ari over Zabid and ’Aden. The governor is the representative of the Khalifah and he undertakes whatever actions he represents the Khalifah in according to what he has been delegated. The governorship does not have a specific limit according to the Shari’ah so everyone who acts on behalf of the Khalifah in any action of ruling is considered to be a governor in that action according to the words which the Khalifah specified during his appointment. However, the governorship of the lands or the leadership is over a defined area, since the Messenger (pbuh) used to define the area which he would be a governor over or empower the leadership for the leader. This governorship is of two types - general or specific; general encompasses all of the issues of ruling in the governorship and being empowered in this manner means that the Khalifah delegates to him the leadership of the city or region of the governorship over all of its people, and the handling of the issues in all of his actions, and so he has a general control. As for the specific leadership, this is when the leader’s leadership is limited to the management of the Army, governing of the subjects, protection of the borders and defence of the sanctities in that region or city. He cannot interfere with the judiciary and the collection of taxes.