7 总督
7 The Governors
第52条
Article 52
国家所统治的土地被划分为若干单位,每个单位称为“Wilayah”(省)。每个省又划分为若干单位,每个单位称为“’Imalah”(区)。管理省的人称为“Wali”(总督)或“Amir”(长官),管理区的人称为“’Aamil”(官员)或“Hakim”(统治者)。
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).
总督是统治者,因为总督之职即是统治。《穆希特词典》中有言:“治理某事,对其拥有总督权(Wilayah)与监护权(Wilayah),其词根为wilayah,意为规划、领导与权威。”总督之任命须经哈里发授权,或由哈里发委派之人授权,因此总督唯有哈里发才能任命。总督或领导之权的根源,即总督与领导者之设立,源自先知(愿主赐福并使其平安)的行为。已确证他曾任命总督管理各地,并授权他们统治各个地区:他任命穆阿兹·本·贾巴勒管辖贾恩德,任命济亚德·本·拉比德管辖哈德拉毛,任命艾卜·穆萨·艾什尔里管辖宰比德与亚丁。总督是哈里发的代表,他所采取的行动,即是代表哈里发在其所被授权的范围内所行之事。按照伊斯兰教法,总督之职并无固定的界限,因此凡在统治事务中代表哈里发行事的人,都被视为在该事务上的总督,其依据是哈里发在任命时所明确的言辞。然而,对地区或领土的总督权或领导权,是限定在特定区域之内的,因为先知(愿主赐福并使其平安)曾明确其所管辖的区域,或为领导者授权划定范围。这种总督权分为两类:全面的与专门的。全面的总督权涵盖统治事务的一切方面,被授予此权即意味着哈里发将总督辖区内城市或地区的领导权委托给他,统管其全体民众,并处理其一切事务,因而他拥有全面的管辖权。至于专门的领导权,则是指领导者的权力仅限于该地区或城市的军队管理、民众治理、边境守卫以及神圣之地的保卫。 他无权干预司法和税收的征收。
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.
使者ﷺ任命了一般性的总督职位,例如任命阿慕尔·本·哈兹姆治理也门。他也任命了特定的总督职位,例如任命阿里·本·阿比·塔利卜(愿安拉喜悦他)管理也门的法官。此后的哈里发们也延续了同样的做法:他们有时任命一般性的总督职位,例如欧麦尔·本·哈塔卜(愿安拉喜悦他)任命穆阿维叶·本·艾布·苏富扬担任一般性的总督。他们也任命特定的总督职位,例如阿里·本·阿比·塔利卜(愿安拉喜悦他)任命阿卜杜拉·本·阿拔斯管理巴士拉的一切事务,唯独财政除外,并任命齐亚德管理财政。
The Messenger (pbuh) appointed general governorships, such as the appointment of Amr b. Hazm over Yemen. He also appointed specific governorships, such as the appointment of ’Ali Bin Abi Talib (ra) over the judges in Yemen. The Khulafaa’ after him continued in the same manner, and so they used to appoint general governorships such as Umar Bin Al-Khattab (ra) appointing Mu’awiyah Bin Abi Sufyan to a general governorship. They would also appoint specific governorships, such when ’Ali Bin Abi Talib (ra) appointed ’Abdullah Bin ’Abbas over Basra in everything other than the finances and appointed Ziyaad over the finances.
在早期时代,总督职位分为两种类型:礼拜的总督职位和地税的总督职位。因此,史书在谈到领导者的总督职位时使用两种说法:第一种是对礼拜的领导,第二种是对礼拜和地税的领导。换言之,领导者既可以是礼拜和地税的领导者,也可以只是礼拜的领导者。总督或领导职位中“礼拜”一词的含义,并非指他只是众人礼拜时的领拜人;其含义是对他们所有事务的统治,地税事务除外。因此,“礼拜”一词所指的是除征收赋税之外的全面统治。
The governorship in the first eras was of two types: governorship of the prayer and the governorship of the land taxes. Accordingly, in the history books they use two expressions when talking about the governorship of the leaders: the first being the leadership over the prayer and the second being the leadership over the prayer and the land taxes. In other words, the leader could either be a leader of the prayer and the land taxes or the leader of the prayer alone. The meaning of the word prayer in the governorship or leadership is not that he was the Imam of the people in their prayer alone; rather its meaning was the governorship over them in all of their affairs except the finances. So the word prayer meant the ruling with the exception of the collection of the taxes.
如果总督既管理礼拜事务又管理土地税,那么他的总督职权是全面的;如果他的职权仅限于礼拜事务或仅限于土地税,那么他的总督职权就是特定的。无论哪种情况,最终都取决于哈里发在特定总督职权上的安排:他可以将其限定为土地税、司法,或限定为除财政、司法和军队之外的一切事务;他认为对国家行政或地方行政有益的,就去做。这是因为伊斯兰教法并没有为总督规定特定的工作,而只是将总督或领导者的工作限定在统治和权威之内,他代表哈里发行事,是某一特定地区的领导者。这与先知ﷺ的做法是一致的。
If the governor was both over prayer and land taxes, his governorship was general, and if it was limited to the prayer or to the land taxes, then his governorship was specific. In every case, this returns back to the arrangements of the Khalifah in the specific governorship, so he can make it specific to the land taxes, or the judiciary, or to make it specific to everything other than the finances, judiciary and Army; he does whatever he thinks is good for the administration of the State or the administration of the province. This is since the Shari’ah did not limit specific work for the governor, but rather limited the work of the governor or leader to ruling and authority, and that he is acting on behalf of the Khalifah and is a leader over a specific place, and this is according to what the Messenger (pbuh) did.
然而,伊斯兰法赋予哈里发任命一般和特定总督职位的权力,依据他所见的情况而定,这从先知的行为中可以明显看出。基于先知将领导者或总督的权力限定于某一城市或地区的做法,第五十二条被起草出来,将国家划分为省和区。
Rather the Shari’ah gave the Khalifah the right to appoint general and specific governorships, according to what he sees from the actions, and that is apparent from the action of the Messenger (pbuh) . Built upon the limiting of the leadership of the leader or the governorship of the governor to a city or region by the Messenger (pbuh) , article fifty-two was drafted which divided the State into provinces and districts.