第五十六条
Article 56
每个省都设有一个由当地民众选举产生、并由省长支持的议会。该议会有权参与对行政事务发表意见,但无权进行统治。这样做有两个目标:
Every province has an assembly elected from its people and championed by the governor. The assembly has the authority to participate in expressing opinions on administrative matters and not on ruling; and this would be for two objectives:
首先,向省长提供关于该省情况及其需要的必要信息,并表达他们对此的看法。
Firstly - providing the necessary information about the situation of the governorate and its needs to the governor and to express their opinion about that.
其次——用以表达他们对总督统治的满意或不满。
Secondly - in order to express their contentment or complaint about the rule of the governor over them.
议会的意见在第一次时没有约束力,在第二次时则具有约束力——如果他们对总督提出申诉,他就会被罢免。
The opinion of the assembly is not binding in the first instance and is binding in the second – if they complain about the governor he is removed.
未知先知穆罕默德ﷺ的总督们曾设有省级议会,也未从先知穆罕默德ﷺ的行为中得知他曾选举过省级议会;同样,正统哈里发也没有类似的做法。由此可知,省级议会并不属于统治体制,也不属于伊斯兰教法的规定。因为统治体制是指每一项有伊斯兰教法依据的统治行为,而没有依据的事物则不属于统治体制。相反,应当对其进行考察:如果它是从某个根本原则派生出来的分支行为,那么它便遵循该根本原则,属于允许采用的方式和手段,也就是所谓的行政管理;如果该根本行为或分支行为有明确依据,那么除非依照伊斯兰教法的依据,否则不得擅自实行。
It is not known that the governors of the Messenger (pbuh) used to have a provincial assembly and it is not known from the actions of the Messenger (pbuh) that he selected a provincial assembly, and in the same way, nothing similar is known from the righteously guided Khulafaa’. From this, the provincial assembly is not part of the ruling apparatus or the Shari’ah rules, since the ruling apparatus is every action from the acts of ruling that has a Shari’ah evidence and anything which has no evidence is not from the ruling apparatus. Rather it is examined, and if it is a branch action that is derived from a root, then it follows that root and is from the styles and means that are permitted to be acted upon - in other words, from what is called administration; and if the root or branch action has evidence, then it is not correct to undertake it except in accordance with the Shari’ah evidence.
省议会是由省长的职权派生出来的一项附属事务,因为省长负责统治与行政,而省内的民众比他更了解本省的实际情况以及其中所发生的事情。因此,他必须掌握可以依赖的信息以开展工作,而这些信息存在于省内民众之中。基于此,他在治理民众时,必须向民众征询意见。
The provincial assembly is a branch action that is derived from the actions of the governorship, since the governor undertakes the ruling and administration, and the people of the province are more knowledgeable than him regarding the reality of their province and what occurs within it. Accordingly, it is vital that he has information that he can rely upon in order to undertake his actions and this information is present amongst the people of the province. Based upon this, it is imperative for him to refer to the people of the province while he is governing them.
从另一个角度看,他对该省的统治必须建立在不使该省民众愤怒的基础之上;因为如果民众对他愤怒,那么哈里发就应当将他罢免,正如先知(愿主福安之)罢免了巴林的'Amil阿拉厄·本·哈德拉米,因为'Abd Qays代表团就他提出了申诉,此事见于伊本·萨阿德的《列传》。因此,必须了解该省民众对他治理其地是否满意,这一点是必要的。
This is from one angle, and from another angle his ruling of the province must be upon a basis that the people of the province are not angered, since if they are angry with him, then it would be upon the Khalifah to remove him, since the Messenger (pbuh) removed Al-’Ala’ b. Al-Hadrami as his ’Amil over Bahrain since the delegation of ’Abd Qays complained about him as mentioned by Ibn Sa’d in Al-Tabaqat. Accordingly, it is imperative that the opinion of the people of the province regarding his undertaking the ruling over them is known as to whether they are content or not.
此外,省长在治理民众期间,有必要向本省民众征询意见,原因有二:一是为了获取省长所需的信息,二是为了了解本省民众对其统治的看法。因此,省长有必要向本省民众征询意见。为便于征询,省长设立一个由本省民众选举产生的省级议会,以便就这两件事向其咨询:获取信息,以及了解本省民众对省长统治的意见。据此,该议会不具有协商(Shura)或征询意见的职能,也与治理实践无关;它只是对行政行为进行审查。其意见没有约束力,而是为协助省长而设。最早设立这一议会的是欧麦尔·本·阿布杜·阿齐兹,因为他在成为哈里发之前曾任麦地那总督。他每次召开领导层议会时,都会会见两位舆论领袖,即各自部落的首领,并对他们说:"这是一个邪恶与纷争的议会,你们二人所做的只是审查我(监督我)。所以如果你们看到有什么与真理不符之处,就提醒我敬畏真主,使我畏惧祂。"因此,原则是向本省民众征询意见,并由他们对省长进行监督;为实现这一征询,省长身边设立省级议会。
Additionally, it is imperative for him to refer to the people of his province while he is governing them, due to the following two reasons: to gather the information which the governor requires and for his knowledge of what the people of his province think about his ruling – ,therefore, it is necessary for him to refer to the people of his province. To facilitate this reference, the governor establishes a provincial assembly which is elected from the people of his province, so that he can refer to it for the two issues: gathering information and knowing the opinion of the people of the province regarding the rule of the governor. Accordingly, this assembly does not have any consultation (Shura) or taking of opinion and nothing to do with the practice of ruling; rather it is to look into the administrative action. Its opinion is not binding but rather it is present in order to assist the governor. The first one who created this assembly was Umar b. ’Abd Al-’Aziz, since before he became the Khalifah, he was the governor over Madinah, and if he conducted a leadership assembly, he would meet two men of the opinion formers and leaders of their tribes, and said to them “It is an assembly of evil and strife, and you two have no action other than to examine me (monitor me), so if you see something which does not agree with the Truth, then remind me of Allah and make me fear Him”. So the origin is to refer to the people of the province and the observation of the governor from their side and in order to achieve this reference, a provincial assembly is created beside the governor.