“伊玛目(统治者)是其臣民的监护人,并且要为他们负责(将被问责)”,这是布哈里通过阿卜杜拉·本·欧麦尔所传述的圣训。此外,伊斯兰教法赋予哈里发的各项权力,例如他依据自己的见解和伊制哈德(独立思考推理)行事的自主权,对公共国库(拜特·马勒)财富的支配权,以及在具体问题上强制民众遵循某一特定见解的权力,诸如此类。这段圣训赋予哈里发无任何限制地管理臣民事务的完整权利;关于拜特·马勒的规定、征收、军队的组建、任命总督,以及其他一切赋予哈里发的权力,都是以绝对的方式授予他的,无任何限制。这证明他可以按照自己的看法不受限制地处理国家事务,服从他是义务,违抗他则是罪过。然而,这种治理的行使必须符合伊斯兰教法,也就是说,要依据伊斯兰教法的经文。因此,即便这项强制性权力是绝对授予他的,也受到伊斯兰教法的约束,即必须依照伊斯兰教法的规定行使。例如,他被授权按自己的意愿任命总督,但任命非穆斯林、儿童或妇女为总督是不正确的,因为伊斯兰教法禁止这样做。另一个例子是,他可以允许在其统治范围内的土地上开设非穆斯林国家的使馆,并且他有权这样做而不受任何限制;然而,如果某个非穆斯林国家想把使馆作为控制伊斯兰土地的工具,则允许其开设使馆是不正确的,因为伊斯兰教法禁止这样做。 同样,他可以拟定预算的各项条目以及每项所需的金额,但他不得在预算中为修建一座水坝列出一项支出,而该水坝的费用超出了伯特·马尔(Bayt Al-Mal)的收入,并以此为由计划征税来支付。这是因为伊斯兰教法不允许为了像这座水坝这样并非必需的事项而征收赋税。如此,尽管他在伊斯兰教法赋予他的事务上拥有绝对的权力,但这种绝对权力只能依照伊斯兰教法的规定来运作。此外,所谓在管理事务上的绝对权利,并不是指他可以制定他认为管理各地事务所必需的法律,而是指他被赋予了行动的独立性,可以依照自己对如何处理事务的见解行事,而这些事务是被允许交由他决定的。在这些他被允许负责的事务上,他依自己的见解制定法律,此时人民便有义务服从他,因为伊斯兰教法赋予了他在这些事务上运用自己见解的独立行动权,并命令我们服从他。因此,他可以把自己的见解制定为人民必须遵守的法律。例如,他被赋予了依照自己的见解和伊智提哈德(Ijtihad)管理伯特·马尔事务的权利,并可以据此命令人民服从,因此他可以为伯特·马尔制定财政法规,此时服从这些法规便成为义务。同样,他被赋予了统领军队并依照自己的见解和伊智提哈德管理军队事务的权力,人民也被命令据此服从他。因此,他可以就军队的统领和管理制定法律,此时服从这些法律便成为义务。 同样,他被赋予了依照其见解和伊斯兰教法的独立推理(Ijtihad)来管理臣民利益的权利,并可依照其见解和伊斯兰教法的独立推理任命人员来管理事务、与之共事,民众也被命令相应地服从他。因此,他可以为行政事务制定法律,也可以制定有关公务员的法律,此时服从这些法律即成为义务。对于哈里发在其拥有强制性权力的事务中,依其见解和伊斯兰教法的独立推理所留待决定的每一个问题,他都可以制定法律,服从这些法律同样是义务。
“The Imam (ruler) is a guardian and responsible (will be questioned) of his subjects” reported by Al-Bukhari through ’Abd Allah Bin Umar, and also that the rules which the Shari’ah gives to the Khalifah such as his independence of action according to his opinion and Ijtihad in the wealth of the commissioned Bayt Al-Mal (state treasury), and such as the coercion of the people to follow a specific opinion in the single issue, and whatever else is similar. This narration gives the Khalifah the complete right in governing the affairs of the subjects without any restriction, and the rules of the Bayt Al-Mal, adoption, preparation of the Army, appointing the governors, and whatever else which has been given to the Khalifah was given to him in an absolute manner without any restriction, which is proof that he can carry out the governing of the affairs according to how he views without any restriction, and to obey him is obligatory while disobeying him is a sin. However, the undertaking of this governing must be done according to the rules of the Shari’ah; in other words, according to the Shari’ah texts. So the mandatory power, even if it has been given to him absolutely, is restricted by the Shari’ah; in other words, according to the rules of the Shari’ah. For example, he has been granted the power to appoint the governors as he pleases, but it is not correct to appoint the disbeliever, or child, or woman as a governor, since it has been prohibited by the Shari’ah. Another example is that he may permit the opening of embassies of the disbelieving countries in the lands which are under his authority, and he is allowed to do that without any restriction, however it is not correct to permit the opening of embassies for a disbelieving country that wants to use the embassy as a tool for control over the Islamic lands, since the Shari’ah prohibited that. Likewise, he may draft the sections of the budget, and the necessary amounts for each section, but he may not draft a section in the budget for building a dam whose cost is beyond the revenues of the Bayt Al-Mal on the basis that he will collect taxes to pay for it. This is because it is not permitted from the Shari’ah to raise taxes for the sake of something which is not vital such as this dam. In this manner, though he has absolute power in governing the affairs which have been given to him by the Shari’ah, but this absoluteness can only operate according to the rules of the Shari’ah. Additionally, what is meant by the absolute right in the governing of the affairs is not that he can draft laws which he sees as necessary for the governing of the affairs of the lands, but rather the meaning is that he has been given the independence of action to act according to his opinion of how the affairs should be carried out in those issues that have been permitted to him, at which point he drafts the laws in those issues which he has been permitted to undertake according to his opinions, and then it becomes obligatory for the people to obey him since the Shari’ah gave him the independence of action to apply his opinion in those issues and ordered us to obey him. So he may make this opinion into a law which people are obliged by. For example, he has been given the right to manage the affairs of the Bayt Al-Mal according to his opinion and Ijtihad, and order the people to obey him accordingly, so he can draft financial laws for the Bayt Al-Mal at which point it becomes obligatory to obey these laws. Likewise, he has been given the leadership of the Army and the management of its affairs according to his opinion and Ijtihad, and the people are ordered to obey him accordingly. So he may draft laws regarding the leadership of the Army and for its administration at which point it becomes obligatory to obey those laws. Likewise, he has been given the right to manage the interests of the subjects according to his opinion and Ijtihad, and to appoint people to manage the interests and work with them according to his opinion and Ijtihad, and the people have been ordered to obey him accordingly. So he may draft laws for the Administration of the Affairs, and he may draft laws regarding the civil servants at which point it becomes obligatory to obey those laws. He may draft laws for every issue that has been left to the opinion and Ijtihad of the Khalifah in the issues which he has the mandatory powers, and it would be obligatory to obey those laws.