13 行政制度
13 The Administrative System
第100条
Article 100
所有部门、管理机构和分支机构的管理人员,除非因与行政制度相关的原因,否则不得被解职;但可以允许在职务之间调任,或暂停其工作。他们的任命、调任、停职、纪律处分和免职,均由其所在办公室、部门或管理机构的最高职位负责人决定。
The managers in all departments, administrations, and divisions are not dismissed except for reasons connected with the administrative systems, but it is permitted to transfer them between posts or to suspend them from working. Their appointment, transfer, suspension, discipline, and removal are all done by whoever is in charge of the highest post of their office, department, or administration.
由于雇佣规则所限,若雇员是被雇用于某一期限内,则不能将其从所受雇的工作中罢免,但可以让其停止工作,这称为停职。然而在这种情况下他仍应获得报酬,因为雇佣合同属于具有约束力的合同,而非可任意解除的许可合同;因此,若雇佣合同已经签订,则该合同对双方都具有约束力。至于遵守行政制度,这如同雇佣的条件一样,因此必须履行,正如先知ﷺ所说。
This is taken from the rules of employment, since if the employee is employed for a period it is not correct to remove him from what he has been employed to do, but it is possible to vacate him from the work, which is called suspension. However in this situation he deserves his pay, since employment is from the binding contracts and not the permitted contracts, so if the employment contract is contracted then the contract is binding upon both parties. As for the adherence to the administrative systems, this is like the conditions of employment, and so it is necessary to fulfil them; the Messenger (pbuh) said.
.» الْمُسْلِمُونَ عَلَى شُرُوطِهِمْ « .
.» الْمُسْلِمُونَ عَلَى شُرُوطِهِمْ « .
“穆斯林必须履行他们的约定”,此段由艾布·达乌德从艾布·胡莱赖(愿安拉喜悦他)处传述;而在哈基姆和达拉库特尼从阿伊莎(愿安拉喜悦她)处的传述中亦有此语。
“The Muslims will be bound by their conditions” reported by Abu Dawud from Abu Hurayra, and in the report by Al-Hakim and Al-Daraqutni from 'Aisha (ra):
. » الْمُسْلِمُونَ عِنْدَ شُرُوطِهِمْ « .
. » الْمُسْلِمُونَ عِنْدَ شُرُوطِهِمْ « .
"穆斯林必须遵守他们所订的条件"。至于在职位之间调动一个人,这要依照聘用合同而定:受雇挖沟的人,不能被调去建造房屋;政府各部门的情况也是如此。如果某人被授予针对某项特定工作的一般性任命,那么允许他在该项工作中从一个地方调动到另一个地方;如果他被授予的是一般性任命,那么允许不加限制地调动他。换言之,对他的调动应当依照任命合同来进行。
“The Muslims will be bound by their conditions”. As for transferring the person between posts, this is according to the contract of employment, so the one who is employed to dig a ditch is not transferred to building houses, and the state departments are the same manner. If someone is given a general appointment for a specific work, then it is permitted to transfer him from place to place in that work, and if he was given a general appointment, then it is permitted to transfer him without any restrictions; in other words, his transfer is carried out according to the contract of appointment.