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(县)。管理省的人被称为Wali(总督)或Amir(埃米尔),管理'Imalah的人被称为'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).
以下为译文: 官员为统治者,因为“统治权”(wilayah)即是统治。《al-Muhit》词典中有言:“治理某事,对其拥有统治权(wilayah)与监护权(wilayah),它是词根,wilayah即计划、领导与权威。”统治权须由哈里发或其授权之人授予,因此官员只能由哈里发任命。统治权或领导权的根源,即官员与领袖的依据,乃是先知ﷺ的行为。已有确证,先知ﷺ曾任命各地的总督,并赋予他们统治地区的权力:他任命穆阿兹·本·哲白勒为al-Jund的总督,任命齐亚德·本·拉比德为哈德拉毛的总督,任命艾卜·穆萨·艾什尔里为宰拜德与亚丁的总督。官员是哈里发的代表,他所从事的行为,都是代表哈里发在其被授权的范围内进行的。根据伊斯兰教法,统治权并无固定的界限,因此凡代表哈里发进行任何统治行为的人,在该行为范围内都被视为官员,其范围以哈里发任命时所明确的措辞为准。然而,对地方的统治权或领导权是限定在特定区域之内的,因为先知ﷺ曾界定其所统辖的区域,或为领袖授权划定管辖范围。这种统治权分为两类:一般性的与特定性的。一般统治权涵盖统治事务的各个方面,被如此授权意味着哈里发将其所在城市或地区的全部事务、所有民众的治理,以及其一切行为的处理权都交由他,因而他拥有全面的管辖权。至于特定领导权,则是指领袖的权限仅限于管理军队、治理民众、守卫边境以及捍卫该地区或城市的神圣事物。 他不得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.