2.3 哈里发制度及其义务 - Th Method to Re-establish the Khilafah | System Of Islam

2.3 哈里发制度及其义务 - Th Method to Re-establish the Khilafah | System Of Islam

它并不认可君主制的政体形式，二者也没有任何共同之处。君主制采用世袭统治：儿子从父亲那里继承王位，也继承其遗产。而在伊斯兰教中，并不存在世袭统治；统治权由乌玛自愿且有选择地给予效忠誓约的人来行使。

It does not approve of the monarchical form of government nor does it have anything in common with it. The monarchical system of government adopts a hereditary rule. The sons inherit the throne from their fathers, and they inherit their legacies. Whereas in Islam, there is no hereditary rule, the rule is performed by whom the Ummah gives her pledge of allegiance willingly and selectively.

君主制赋予君主专属的特权和权利，他凌驾于法律之上，不对任何人负责，是国家的象征。君主可以是没有统治权的君主，如欧洲的君主们；也可以是既统治又成为法律来源的君主，随心所欲地治理国土和人民，如沙特阿拉伯、摩洛哥和约旦的国王。

The monarchical system allows the monarch special privileges and rights exclusively to him, he is above the law and he is answerable to none, he is the symbol of the country, either a monarch without ruling powers like the monarchs of Europe, or a monarch who rules and even becomes the source of the rules, running the land and the people as he wishes, like the kings of Saudi Arabia, Morocco and Jordan.

然而，伊斯兰制度并不赋予哈里发或伊玛目任何特殊的特权或权利，他与乌玛中的每一个个体享有相同的权利，承担相同的义务。他既不是一个徒有荣誉、没有任何统治权力的乌玛象征，也不是一个想怎样统治、怎样处理国家和人民事务就怎样处理的统治象征。他是乌玛在统治和权威方面的受托人（代表）。乌玛依照自己的选择推举他，并向他宣誓效忠，以便他在乌玛中推行安拉的沙里亚。他的行动、管理乌玛事务及维护其利益的方式，都受到沙里亚的引导和约束。此外，伊斯兰中没有世袭君主制，它甚至厌恶世袭统治，并禁止通过遗产继承来取得统治权。只有当乌玛自愿向他宣誓效忠时，哈里发才获得统治权。

The Islamic system however, does not allow the Khaleefah or the Imam any special privileges or rights, he has the same rights and duties of every single individual of the Ummah, he is not the symbol of the Ummah who holds an honorary position without any ruling powers, nor is he a symbol that rules and runs the country and people’s affairs as he pleases. He is a trustee (representative) of the Ummah in rule and in authority, the Ummah selects him and gives him the pledge of allegiance of her own choice to implement on her Allah’s Shari’ah. He is guided and restricted in his actions, ways of looking after the affairs of the Ummah and her interests by the Shari’ah. Besides there is no hereditary monarchy in Islam, it even abhors hereditary rule and forbids that the rule be taken by legacy. The rule is assumed by the Khaleefah only when the Ummah, willingly, gives him the pledge of allegiance.

伊斯兰的统治制度也不是共和制。共和制建立在民主政体之上，其中最高权力属于人民。人民拥有统治和立法的权利，保留任命统治者和罢免他的权利。他们保留采纳宪法、制定新法律、废除、更改或修改规则的权利。而伊斯兰的统治制度建立在伊斯兰的信仰（’Aqeedah）和沙里亚法律之上。最高权力属于安拉的沙里亚，而非属于人民（Ummah）。乌玛无权立法，哈里发也无权立法。唯一的立法者是安拉（SWT）。哈里发只有权采纳宪法的条文，以及从安拉的经典和祂的使者的逊奈中推导出的法律。乌玛无权罢免哈里发；能够罢免他的是沙里亚；但乌玛有权任命他。因为伊斯兰主张，权威属于乌玛，统治权也属于乌玛，所以乌玛由她所选定并给予效忠宣誓（Bay’ah）的哈里发来代表。

The Islamic ruling system is not republican either. The republican system is based on the democratic regime, where the supremacy is to the people. The people have the right to rule and legislate, they reserve the right to appoint the ruler and depose him. They reserve the right to adopt a constitution and enact new laws, to abolish, alter or modify the rules. Whereas the Islamic ruling system is based on the Islamic Aqeeda and on the Shari’ah laws. The supremacy is to the Shari’ah of Allah and not to people (Ummah), the Ummah has not the right to legislate, nor does the Khaleefah. The sole legislator is Allah (swt), the Khaleefah has only the right to adopt the rules for the constitution, and the laws that are derived from the Book of Allah (swt) and the Sunnah of His messenger. The Ummah does not have the right to remove the Khaleefah; what removes him is the Shari’ah; however the Ummah has the right to appoint him. For Islam has that the authority belongs to her and the rule belongs to her as well, so she is represented by a Khaleefah whom she selects and give the Bay’ah.

在共和制的总统制框架下，共和国总统兼具国家元首与政府首脑的强制性职权，其内阁中并没有总理，而是设有国务卿，如美国一样。在议会制框架下，总统之上设有总理，强制性的执政权力掌握在部长内阁手中，而非共和国总统，如法国和德国一样。

In the presidential framework of the republican system, the president of the republic takes up the mandatory powers of the head of state and the prime minister, he does not have in his cabinet a prime minister, but secretaries of state, like in the US. In the parliamentary framework, the president has a prime minister, and the mandatory ruling powers are in the hands of the ministerial cabinet not the president of the republic like in France and Germany.

在哈里发制度中，并不存在部长，也没有一个像民主制度那样与哈里发共同工作的部长会议。在民主制度里，部长拥有各自的专门职权，并享有其自身的法定权力。哈里发则有助手与他共同工作，协助他处理执行事务。哈里发以国家元首的身份领导他们，而不是以总理的身份，也不是作为某个执行机构的首长。哈里发没有与他共同工作的部长会议，他拥有全部法定权力；他的助手只是协助他执行这些法定权力。

In the Khilafah there are no ministers, nor a council of ministers working with the Khaleefah like in the democratic system, where ministers have special portfolios and mandatory powers of their own. The Khaleefah has assistants who work with him and assist him with the executive duties. The Khaleefah heads them in his capacity as the head of state and not prime minister, nor as a head of an executive body. The Khaleefah has no council of ministers working with him, he has all the mandatory powers; his assistants help him to execute those mandatory powers.

除了共和制度（无论是总统制还是议会制框架），总统对其人民及其代表（议员、国会议员、众议员）负有责任并接受问责。人民及其代表有权罢免总统，因为共和制度中的最高权力属于人民。

Besides the republican system, in both its framework, presidential and parliamentary, the president is responsible and accountable to his people, and his representatives (deputies, M.P.s, congressmen). The people and their representatives have the right to remove the president for the supremacy in the republican system belongs to the people.

该说法与信士的领袖之职相悖。信士的领袖即便对乌玛及其代表负有责任、即便须向乌玛及其代表交代，乌玛也无权罢免他，因此其代表同样无权罢免他。只有当他违反伊斯兰教法，且不义行为法庭认定其行为应当被罢免时，他才会被罢免。

The is contrary to the Imara of the believers, verily the Amir of the believers, even if he is responsible before the Ummah and her representatives and even if he is accountable to the Ummah and her representatives, the Ummah has no right to remove him, and thus their representatives have no right to remove him either. He is removed only if violates the Shari’ah in a way which the Court of Unjust Acts deems that it deserves his removal.

在共和制中，无论是总统制还是议会制，总统的任期都是固定的，不得超过。

In the republican system, whether it is presidential or parliamentary, the term of the presidency is fixed and cannot be exceeded.

鉴于哈里发制度并不规定哈里发的任期，而是由沙里亚的实施来决定：只要哈里发仍在全面实施伊斯兰律法，即源自安拉之书和祂的使者ﷺ之逊奈的律例，他便继续担任哈里发，无论其哈里发任期持续多久。若哈里发违背沙里亚，偏离伊斯兰律例的实施，那么他的任期即告终止，即便只有一个月或一天。他必须被罢免。

Whereas the Khilafah system does not determine the Khaleefah’s term of office, it is determined by the implementation of Shari’ah, for as long as the Khaleefah is implementing the Islamic rules to the full, the rules that are derived from the Book of Allah, and the Sunnah of his Messenger, he remains a Khaleefah in office, regardless of how long his Khilafah term lasts. If the Khaleefah violated the Shari’ah, and deviated from implementing the Islamic rules his term in office would be terminated even if it were for one month, or one day. He must be removed.

因此我们得出结论：哈里发制度与共和制度之间的差异十分巨大，哈里发与共和国总统之间的差异也是如此。因此，断言伊斯兰制度是一种共和制度是不被允许的，因为这两种制度所建立的基础之间存在着巨大的矛盾。此外，二者在框架以及其他制度层面也存在差异。

We conclude therefore that the differences between the Khilafah system and the republican one are wide, so is the difference between the Khaleefah and the president of a republic. It is therefore forbidden to claim that the Islamic system is a republican system, for there exists a big contradiction between the bases on which the two systems are founded. In addition to the difference in the framework and other institutions.

它既不是帝国式的，因为帝国式的统治体制与伊斯兰的统治体制相去甚远。尽管种族各异，伊斯兰所统治的各地区虽然由一个统一的行政机构（中央政府）管辖，但它们并不是以帝国体制来统治的。帝国体制不会在帝国各个地区平等对待各个种族。帝国的中心地区在统治、财政和经济方面始终享有某些特权。伊斯兰的统治方式则是在国家所有地区的所有臣民之间实行平等。伊斯兰赋予持有公民身份的非穆斯林与穆斯林同等的全部权利，他们也享有同样的特权。此外，每一位公民，无论其信仰如何，都比在其他任何制度下享有更好的权利，甚至比居住在国外、没有公民身份的穆斯林享有的权利还要好。正是这种平等，使伊斯兰体制与帝国体制截然不同。伊斯兰体制不会把其统治下的地区变成殖民地，也不会将其变为剥削的区域或财富的来源，使财富仅仅流入中心地区，而是对所有地区一视同仁地统治和对待，因为伊斯兰认为所有地区都是一个统一的整体，无论它们相隔多远，也无论其中有多少不同的种族。每一个地区都被视为国家的一部分，其公民享有与中心地区公民相同的权利。伊斯兰使所有地区的统治权威、体制及其立法都保持一致。

It is neither imperial, since the imperial system of government is far from the Islamic one. Despite the differences of race, the regions ruled by Islam, although governed by a single administration - in (central office) - they are not ruled by an imperial system. The Imperial system does not treat the races equally in the various regions of the empire. The empires central region has always some privileges, in the rule, finance and economy. The Islamic way of ruling is to equate between all the subjects in all the regions of the state. Islam grants non-muslims who hold citizenship, the full rights that the Muslims have, they enjoy also the same privileges furthermore, every single citizen regardless of his or her creed enjoys better rights than in any other system, even better than a Muslim living abroad and holding no citizenship. With this equity, the Islamic system differs completely from the Imperial one. The Islamic system does not make the regions under its rule colonies, nor areas of exploitation, nor sources of wealth pouring into the central region alone, but rules and treats all regions the same, for Islam considers all regions to be one single entity, no matter how far apart they were, and no matter how many different races there are. Every single region is considered to be part of the state and its citizens enjoy the same rights as those in the central region. Islam makes the ruling authority, the system and its legislation the same in all the regions.

伊斯兰的统治体系并非联邦制。各个地区在自身事务上享有自治权，并拥有某种程度的自主管理，但在总体制度之下联合为一体，是一个统一的体系。西边的马拉喀什与东边的呼罗珊被视为同一体，若伊斯兰的首都设在开罗，法尤姆省便与开罗同属一体。财政与预算对所有地区而言是统一的。无论属于哪个省（Wilayah），臣民事务的开支都是平等的。例如，若某一省征收的税款是其支出的两倍，所用的款项仍只用于满足该省的需要，而不是按其所征税额来分配；若另一省的税收不足以支付其开支，这一情况不予计较，而是从总预算中拨款满足该省的需要，无论其是否征得足够的税款。

The ruling system in Islam is not federal. Its regions have autonomy over their own affairs and enjoy some kind of self rule, but unite in the general rule, a system of unity, where Marrakesh in the West is considered to be the same as Khurasan in the East, the province of Al-Fawwoum would be the same of Cairo if it were the Islamic capital. The financing and the budget is one and the same for all the regions. Money is spent equally on the affairs of the subjects, regardless of the Wilayah. If for instance, the taxes collected in one Wilayah were double its expenditure, the money spent will be to cover the Wilayah’s needs but not according to how much tax it raised. If another Wilayah’s taxes fell short of its expenditure, this would not be considered, but dismissed and money will be spent to satisfy the Wilayah’s needs from the general budget whether it raised enough taxes or not.

因此，该统治体系是单一制而非联邦制。正因如此，伊斯兰的统治体系在起源和基础上有别于其他已知的体系，即便其某些方面与其他体系相似。综合我们迄今所列的内容，我们得出结论：伊斯兰体系在统治上是中央集权的，最高权威设在中央总部，权威与统治力覆盖国家的每一个部分，无论多么偏远。任何部分都不允许独立，以确保国家不致分裂。最高权威机构任命军队指挥官、总督（Walis）、统治者以及财政和经济官员；它在全国各地任命法官和负责裁决事务的人员；它也是全国所有法规的发起者。

Therefore the ruling system is unitary not a federation. That is why the Islamic ruling system is distinguished from other known systems, in origins and its bases, even if some aspects were similar to other systems. In light of what we listed so far, we conclude that the Islamic system is central in its rule, where the high authority is at head office, and where the authority and hegemony engulfs every single part of the state no matter how remote. Independence of any part of it is not allowed, ensuring that the state does not disintegrate. The high authority, is the body which appoints the army commanders, the Walis, rulers and finance and economy officials. It appoints judges in all the regions and the ones whose duties are to rule; it is the initiator of all the rules all over the country.

伊斯兰的统治制度是哈里发制度。学者们已普遍达成共识（伊具马）：哈里发制度必须统一，国家也必须统一，同时同时向一位以上的哈里发效忠宣誓是不合法的。所有伊玛目、法学家和学者都对此达成一致。如果在一位哈里发在位期间，或者在一位哈里发已经获得效忠宣誓之后，又有另一位哈里发被授予效忠宣誓，那么第二位应当被讨伐，直到他自己向第一位哈里发宣誓效忠，或者被杀死，因为效忠宣誓已被合法确认为首先被正当授予者的权利。

The ruling system in Islam is a Khilafah system, the general Ijma’a about the unity of the Khilafah has been established so has the unity of the state, and the unlawfulness of giving the Bay’ah to more than one Khaleefah. All the Imams, jurists and Scholars have agreed on this. If another Khaleefah is given the pledge, while a Khaleefah is in office or a Khaleefah had already been given a pledge, the second one should be fought until he himself gives the pledge of allegiance to the first Khaleefah or be killed, for the pledge has been lawfully confirmed to be the right of the one who is properly given it first.

哈里发的强制性权力: 哈里发即国家。他拥有赋予国家的全部强制性权力,具体如下: A - 由他使他所采纳的神圣法律具有约束力。这些法律随即成为必须遵守的法律,违反它们则被禁止。

The mandatory powers of the Khaleefah:- The Khaleefah is the state. He possesses full mandatory powers given to the state and they are:- A - It is he who makes the divine laws that he adopts binding. They would then become laws that have to be obeyed and their violation would be forbidden.

B - 他负责国家的内政和外交政策；他是全体武装力量的最高总司令，并拥有全权宣战、缔结和约、停战协议以及其他一切条约。

B - He is responsible about the internal and foreign policies of the state; he is the high commander in chief of all the armed forces and he has full powers to declare war, hold peace treaties, truces and all other treaties.

C - 他有权接见（外国）使节，也有权拒绝接见；同时有权任命穆斯林使节，也有权罢免他们。

C - He has the powers to accept (foreign) ambassador’s and to refuse them, as well as the power to appoint Muslim ambassadors and to remove them.

D - 是哈里发任命和罢免辅佐者与瓦利（总督）；他们都须对他负责，也须对乌玛的议会负责。

D - It is the Khaleefah who appoints and removes the assistants and Walis; they are all responsible before him and before the council of the Ummah.

E——由他任免最高法官（Qadhil-Qudhat），以及地区行政长官、军队指挥官、参谋长和总司令；他们都只对他负责，而不对乌玛议会负责。

E - It is he who appoints and removes the supreme judge (Qadhil-Qudhat), as well as district administrators, army commanders, chiefs of staff, and the commanders in chief; they are all (responsible) answerable to him and not to the Council of the Ummah.

F——正是他采纳神圣的律法，国家预算即依据这些律法的光明而拟定；他决定预算的细节，以及每个部门的开支，依其需要进行分配，无论是收入还是支出。

F - It is he who adopts the Divine laws, on the light of which the state’s budget is drafted, and he decides the details of the budget and the expenditure of each department which is allotted according to its needs, whether it is revenues or expenses.

这些强制性权力的依据，源于哈里发的本质：它是对全世界所有穆斯林的一种总体性统治，其目标是实施伊斯兰教法的规定，并将伊斯兰的讯息传播到世界各地，这本身就是另一项依据。然而，“国家”一词是一个术语，不同民族对其含义的理解各不相同。例如，对西方人而言，“国家”指土地、居民和统治者；在他们看来，国家是由被称为“国土”的边界所界定的，主权属于人民，实行集体而非个人的统治。因此，“国家”的概念逐渐被理解为国土、居民与统治者三者的总和。由此，他们设有国家元首，即政府首脑、人民与国土的代表，以及政府首长，即总理。

Evidence of these mandatory powers is drawn from the fact that the Khaleefah in its essence is a general rule over all the Muslims worldwide, with the objective of implementing the Deen’s rules and of carrying the Message of Islam to the world, which is another evidence. However the word state is a terminology, whose meaning differs among different nations. For Western people for instance state means the land, inhabitants and the rulers, for the state in their view is defined within borders they call the country, and sovereignty in their view belongs to the people, with collective and not individualistic ruling. Thus the concept of the state became known as the sum total of the country, the inhabitants and the rulers. Therefore, they have a head of state, i.e. head of the government, the people and the country (land) and a chief of government i.e. a prime minister.

然而,在伊斯兰教中,并不存在永久性的边界,因为使命必须传播到整个世界,因此国界会随着伊斯兰的权威而移动。所谓"国家",指的是一个人永久居住的地方,即他的家和故乡,不多不少。至高无上的是沙里亚,而非人民;统治者受沙里亚的意志所指引,乌玛同样受沙里亚的指引(约束);统治是个人的,而非集体的。安拉的使者ﷺ说:"如果你们三人出门旅行,就要从中选出一人作为领导。"他ﷺ还说:"如果你们三人出门旅行,你们应当从中间推选一位领导。"他ﷺ又说:"如果对两位哈里发都已效忠宣誓,就杀掉后者。"因此,伊斯兰中"国家"的含义不同于其他制度。在伊斯兰中,国家意味着领导与统治,其强制性的权力归于领袖的权威;既然哈里发是掌握权威的人,那么他就是国家。当安拉的使者ﷺ在麦地那建立伊斯兰国家时,他是国家元首,全部权威都属于他,所有与统治相关的权力都归他所有,这一状况延续了他ﷺ的一生,直至他ﷺ去世。此后又有了正统哈里发们,他们每一位都享有完整的权威,拥有与统治相关的全部强制性权力。这也证明哈里发就是国家。此外,安拉的使者ﷺ在警告反叛与不服从埃米尔时,将其视为对权威的反叛。他ﷺ说:"如果有人看到他的埃米尔有某件令他不悦的事,就让他忍耐,因为,凡是脱离苏丹(伊斯兰的权威)哪怕一拃之距并以此状态死去的人,他死的是蒙昧时代的死法。" 哈里发制度是对信士的统治，因此哈里发即是权威，他拥有一切必要的权力，也就是说，他就是国家，并拥有赋予国家的所有权力。这是关于这些必要权力的一般性证据。至于对哈里发所享有的这些权力的列举，实际上是对国家内部存在的各项权力的列举，现在我们转而列举这些权力的具体律例。

However, in Islam, there are no permanent borders, for the Message has to be carried to the whole world, and therefore frontiers move with the authority of Islam; the term country means the place where a person resides permanently i.e. his home and homeland, no more no less. The supremacy is to the Shari’ah, not to the people; the rulers are directed by the will of the Shari’ah and the Ummah is also directed (controlled) by the Shari’ah; Ruling is individual and not collective. The Messenger of Allah (saw) said: “If three of you set off in a Journey, appoint one of you (as leader).” He (saw) also said: “If three of you went out on a journey, you should appoint a leader from among you.” He (saw) also said: “If a bay’ah has been taken for two Khaleefahs, kill the latter of them.” Therefore, the meaning of the state in Islam differs from that in other systems. The state in Islam means the leadership and ruling, and its mandatory powers rest with the authority of the leader, and since the Khaleefah is the one who takes up the authority, he then is the state. When the Messenger of Allah (saw) established the Islamic state in Madina he was the head of state and the whole of the authority belonged to him, and all powers related to the rule were his, and this was so during all his lifetime until he (saw) died. Then after him came the Khulafa Al-Rashideen, and each one of them enjoyed the full authority and possessing all the mandatory powers related to the rule. This also serves as evidence that the Khaleefah is the state. Besides, when the Messenger of Allah (saw) warned against rebellion and disobedience to the Amir, he expressed it as being a rebellion against the authority. He (saw) said: “If anyone sees in his Amir something that displeases him, let him remain patient, for behold! He who separates himself from the Sultan (authority of Islam) by even so much as a hand span and dies thereupon, he has died the death of Jahiliyyah.” The Khilafah is the rule over the believers, the Khaleefah is therefore the authority, and he has all the mandatory powers, i.e. he is the state and possesses all the powers given to the state. This is the general evidence about these mandatory powers. As for the listing of these powers enjoyed by the Khaleefah, this is in fact the listing of the powers which exist within the state, and we now move onto the listing of the detailed rulings of these powers.

至于上述六个部分的详细证据，关于“A”部分的证据是圣门弟子的普遍共识。至于“法律”（law），它是一个术语，指的是权威（苏丹）颁布的、使人们遵守的命令；法律被描述为苏丹（权威）强制人们在其相互关系（交易）中遵循的一组原则，即如果苏丹颁布了规则，那么这些规则就成为法律，人们必须遵守；如果苏丹没有颁布，那么它们就不成为法律，人们也没有义务遵守。穆斯林遵循沙里亚的规定，因此他们遵守安拉的命令和禁令。他们所遵守的是安拉的命令和禁令，而不是苏丹的命令，所以他们遵循的是神圣的律法，而非苏丹的命令。然而，这些沙里亚法律被圣门弟子以不同方式理解，因此他们对神圣规则的理解各不相同，而每一位都依照自己的理解所符合的规则来遵行。

As for the detailed (elaborate) evidence about the six sections mentioned above, the evidence about section “A” is the general consensus of the Sahabah. As for law, it is a term which means the order which the authority (Sultan) issues so that people abide by it; law has been described as being the group of principles which the Sultan (authority) compels people to follow in their relationships (transactions) i.e. if the Sultan issues rules, then these rules became law and people have to abide by them, and if the Sultan does not issue them, then they do not become law and people are not obliged to abide by them. The Muslims follow the rules of Shari’ah, so they abide by Allah’s commands and prohibitions. What they abide by are the commands and prohibitions of Allah, not those of the Sultan, so what they follow are divine laws and not the orders of the Sultan. However these Shari’ah laws have been interpreted differently by the Sahabah, so that their understanding of divine rules differed, and each one of them complied by rules which accorded with his own understanding.

然而,关于管理乌玛(穆斯林共同体)事务,存在一些所有穆斯林都应当遵守的神圣规则,大家应持统一的意见,而不能各依己见、各自进行伊吉提哈德。这在过去确实发生过。例如,艾布·伯克尔认为应当将财富平均分配给所有穆斯林,因为这是他们平等的权利。欧麦尔则认为,对于与安拉的使者ﷺ作战的人和与他并肩作战的人,以及对富人和穷人,都平均分配是不对的。然而,当艾布·伯克尔担任哈里发时,他下令执行自己的意见,法官和地方长官都执行了他的主张,欧麦尔也服从了艾布·伯克尔的意见并予以执行。等到欧麦尔成为哈里发后,他又执行了自己的意见,这与艾布·伯克尔的意见不同,即下令按照功绩(优越性)而非平均分配财产,于是穆斯林依据其皈依伊斯兰的时间长短和各自的需要获得分配。穆斯林遵守了这一规定,法官和地方长官也执行了它。因此,圣门弟子之间形成了一项普遍共识,即伊玛目有权采纳特定的规则,并下令予以执行。穆斯林因此必须遵守这些规则,即便它们与自己的伊吉提哈德相违背,并且必须放弃自己的意见和伊吉提哈德。这些被采纳的规则实际上就是法律。因此,立法权唯独属于哈里发,其他任何人都没有这项权利。

However, there are some divine rules related to managing the affairs of the Ummah that all the Muslims should abide by with one single opinion, and not according to each individual’s own Ijtihad. This in fact took place in the past. Abu Bakr for instance considered it fit to distribute the wealth equally among all Muslims for it was their equal right. Umar deemed it wrong to give in the same way to those who had fought the Messenger of Allah (saw) and those who fought alongside him, as well as equally to both the wealthy and the needy. However when Abu Bakr was the Khaleefah, he ordered his opinion to be enacted (enforced) and the judges and Walis executed his opinion and Umar submitted to Abu Bakr’s opinion and executed it. And when Umar became Khaleefah he enforced his own opinion which differed from that of Abu Bakr’s i.e. he ordered the money to be divided according to merit (excellence) and not equally, thus the Muslims were given according to the length of time they had been Muslims and according to their needs. Muslims abided by this rule, and the judges and Walis executed it. Therefore a general consensus of the Sahabah was established stating that the Imam has the right to adopt specific rules and order them to be implemented. Muslims therefore have to abide by such rules even if they contradicted their own Ijtihad, and they must abandon their own opinions and Ijtihads. These adopted rules are in fact laws. Thus the enacting of laws belongs to the Khaleefah alone and no one else has this right.

关于“B”部分，其证据来源于安拉的使者（愿主福安之）的行为。他曾任命总督和法官，并要求他们承担责任。他曾管理买卖，禁止欺诈和欺骗。他曾把财富分配给民众，并帮助失业者找到工作。他曾处理国家的全部内政，接见君王，会见使节，接待代表团。他还负责国家的全部外交事务。他曾实际统率武装力量，在远征中亲自领导战斗，派遣一切远征队并任命其领导者。有一次，他任命乌萨玛·本·宰德率领一支远征队前往沙姆地区；圣门弟子们因乌萨玛年纪尚轻而不悦，但安拉的使者ﷺ迫使他们接受其领导，这证明他实际上是武装力量的统帅，而不仅仅是最高总司令。正是他ﷺ向古莱什人宣战，也向拜尼·古赖宰、拜尼·纳迪尔、拜尼·盖努嘎、海巴尔以及罗马人宣战。所有发生过的战争都是由他ﷺ宣布的。这表明，只有哈里发拥有宣战的权利。同样，是安拉的使者ﷺ与拜尼·马德莱及其盟友拜尼·左姆拉签订了条约；他ﷺ还与艾俩的朋友约哈纳（约拿单）·本·鲁拜签订了条约，并签订了胡代比亚和约。当时穆斯林对此十分愤怒，但他ﷺ无视他们的意见，驳回了他们的请求，仍然签订了和约。这证明，只有哈里发拥有签订条约的强制性权力，无论是和平条约还是其他任何条约。

As for section “B”, its evidence is derived from Allah’s Messengers’ (saw) actions. He (saw) used to appoint the Walis and judges and hold them accountable. He (saw) used to control sales and purchases and prohibit fraud and cheating. He (saw) used to distribute the wealth among the people, and help the unemployed find work. He (saw) used to run all the state’s internal affairs, and he (saw) used to address the kings and meet with the envoys and receive the delegations. He (saw) also ran all the foreign affairs of the state. He (saw) used to effectively take command of the armed forces, during the raids and he (saw) used to lead the battles, and he (saw) used to send all the expeditions and appoint their leaders. In one instance he (saw) appointed Usama Ibnu Zayd at the head of an expedition to Al-Sham; the Sahabah were not pleased at this due to Usama’s young age, but the Messenger of Allah (saw) forced then to accept his leadership, which proves that he effectively was the commander of the armed forces and not just its high Commander in chief. It was he (saw) who declared war on Quraysh, and on Banu Qurayzah, Banu Nadir, Banu Qaynuqa’, Khayber and the Romans. All the wars that took place where declared by him (saw). This indicates (proves) that only the Khaleefah possesses the right to declare war. It was also the Messenger of Allah (saw) who signed the treaties with Banu Madlij and their allies of Banu Dhumra; He (saw) signed a treaty with Yuhanna (Johnathon) Ibnu Ru’ba, the friend of Ayla, and he (saw) also signed the treaty of Al-Hudaybiyah. The Muslims on that occasion were outraged but he (saw) ignored their opinion and dismissed their pleas, and went ahead and signed the treaty. This proves that only the Khaleefah possesses the mandatory powers to sign treaties, whether these were peace treaties or any other.

关于“C”部分，其证据是：使者（愿安拉赐福他并使他平安）接见了穆塞莱麦的两位使节，也是他（愿安拉赐福他并使他平安）接见了古莱什的使节阿布·拉菲仪。同样是他（愿安拉赐福他并使他平安）派遣使者前往希拉克略、科斯洛埃斯、阿尔-穆盖盖斯、赫拉的国王哈里斯·侯赛尼（Al-Harith Al Hossani）、也门国王哈里斯·哈米里（Al Harith Al-Hamiry）以及埃塞俄比亚的奈贾什，并在侯代比亚事件中派遣奥斯曼·本·阿凡前往古莱什。这证明，哈里发是接受使节并拒绝使节的人，也是由他任命使节的人。

As for the section “C”, its evidence is that the Messenger of Allah (saw) received the two envoys of Musaaylama, and it was he (saw) who received Abu Rafi’i, an envoy from Quraysh. It was also he (saw) who sent envoys to Hercules Chosroes, Al Muqaqas, Al-Harith Al Hossani King of Al-Heerla, Al Harith Al-Hamiry. King of Yemen, the Negus Al-Habishi, and he sent Uthman ibn Affan to Quraysh during the Hudaybiyah affair. This proves that the Khaleefah is the one who accepts the ambassadors (envoys) and refuses them and it is he who appoints the ambassadors.

关于“D”部分，其依据是：先知穆罕默德ﷺ曾任命各地的瓦利（Wali，地方长官）。他任命穆阿兹为也门的瓦利，也曾罢免过他人。当巴林的民众对艾尔·阿拉·本·哈德拉米（Al A’la’ ibn al-Hadhrami）提出控诉后，先知ﷺ便将其从巴林瓦利的职位上罢免。这表明，瓦利需要对所辖地区（省区）的民众负责，同时也要对哈里发以及乌玛的议会负责，因为该议会代表所有的省区。以上是关于瓦利的内容。至于助手，先知穆罕默德ﷺ有两位助手：艾布·伯克尔和欧麦尔。在他一生之中，他从未罢免他们并另行任命他人接替。是先知ﷺ任命了他们，他ﷺ也从未罢免过他们。然而，由于助手的权力来自哈里发，并且他是以哈里发代理人的身份行事，因此哈里发有权罢免他，这类似于委托人有权罢免其代理人的道理。

As for section “D”, its evidence is that it was the Messenger of Allah (saw) who used to appoint the Walis, for he appointed Mu’adh as Wali over Yemen; and He (saw) used to remove then; he removed Al A’la’ ibn al-Hadhrami from his post as Wali of Bahrain after its people complained about him; this indicates that the Walis are responsible before the people of the Wilayah (region-district), and also the Khaleefah, as well as the council of the Ummah, for it represent all the Wilayahs. This is concerning the Walis. As for the assistants, the Messenger of Allah (saw) had two assistants: Abu Bakr and Umar. He did not remove them and appoint others to replace them during all his lifetime. It was he (saw) who appointed them and he (saw) never removed them. However, since the assistant derives his authority from the Khaleefah and since he acts in the capacity of his deputy, the Khaleefah therefore has the right to remove him, by analogy with the deputy for the mandator has the right to dismiss (remove) his deputy.

关于“E”部分，其证据来自于：先知（ﷺ）任命阿里为也门的法官。乌克巴·本·阿密尔传述，有两个发生纠纷的人前来寻求先知（ﷺ）主持公道，于是他（ﷺ）对我说：“你在他们之间做出判决。”我说：“你比我更好，也更有资格做这件事。”他（ﷺ）说：“没关系。”我说：“我该怎么做？”（我该如何判决？）他（ﷺ）说：“你去判决！如果你判对了，你将获得十份赏赐；如果判错了，你将获得一份赏赐。” 据阿穆尔·本·阿斯传述，他说有两个发生纠纷的人前来见先知（ﷺ），于是他（ﷺ）对我说：“阿穆尔啊，你在他们之间做出判决。”我说：“真主的使者啊，你比我更有资格。”他（ﷺ）说：“如果你在他们之间判对了，你将获得十份赏赐；如果没有判对，你将获得一份赏赐。” 欧麦尔（愿真主喜悦他）曾经任命和罢免法官。他任命沙利赫为库法的法官，任命艾布·穆萨为巴士拉的法官。他还罢免了沙拉比勒·本·哈斯努在沙姆的总督职务，改任穆阿维叶。沙拉比勒对他说：“你罢免我，是因为我有违抗或背叛的行为吗？”欧麦尔回答说：“都不是，只是我想任命另一个人。”阿里曾经任命艾布·阿斯瓦德，之后又罢免了他，于是他问阿里：“你为什么罢免我？我从未欺骗或犯罪。”阿里说：“我注意到你的声音比争论的双方还要高。”欧麦尔和阿里都是在众圣门弟子面前这样做的，没有人反对或指责他们的行为。这证明哈里发原则上有权任命法官，他也可以委托他人代他任命法官。这与委托代理相类似，因为他有权将其任何应履行的职权交由代理人行使，并委托他人处理其任何事务。至于国家的各个部门,安拉的使者(saw)ﷺ为国家的各个部门任命了书记员,他们被视为这些部门的负责人。他(saw)ﷺ任命哈里斯·伊本·奥夫·哈兹伊负责他的印章,任命努艾伊卜·伊本·阿比·法蒂玛担任战利品书记员。他(saw)ﷺ还任命胡宰法·伊本·耶玛尼为果实与收成估算部门的负责人,任命祖拜尔·伊本·阿瓦姆为天课部门的负责人。他(saw)ﷺ任命穆吉拉·伊本·舒尔巴为负责登记各类交易等事务的负责人。

As for the section “E”, its evidence is derived from the fact that the Messenger of Allah (saw) appointed Ali as judge over Yemen; Uqabah ibn Amer reported that two men in dispute came to the Messenger of Allah (saw) seeking justice, so he (saw) said to me: “Judge between them.” I said: “You are better and worthier of that.” So he (saw) said: “It does not matter.” So I said: “What shall I do?” (how do I judge?). He (saw) said: “Judge! And if you get it right, you shall get ten rewards and if you get it wrong you shall get one reward.” It is narrated on the authority of Amru ibn Al A’as that he said that two men in dispute came to the Messenger of Allah (saw) so he (saw) said the me: “O Amru Judge between them.” I said : “You are worthier than me O Messenger of Allah.” He (saw) said: “If you judge right between them you shall get ten rewards and if you don’t you shall get one reward.” Umar (may Allah be pleased with him) used to appoint and remove judges. He appointed Sharih judge over Kufa and Abu Musa as judge over Basra. He also removed Shurahbeel ibn Hasnu from his post as Wali over Al-Sham and appointed Mu’awiya instead. Shurahbeel said to him: “Is it because of an act of disobedience or treason that you removed me?” Umar replied: “Neither, but I wanted to appoint a different man.” Ali on one occasion appointed Abu Aswad and then he removed him so he asked him: “Why did you remove me. I never cheated or committed a crime?” Ali said: “I noticed that your voice rose above the disputing men.” Umar and Ali did this before the Sahabah and none of them disapproved or censured their actions. This proves that the Khaleefah reserves the right to appoint the judges in principle, and he can also delegate someone to appoint the judges on his behalf. This is in analogy with the deputation, for he reserves right to assign to a deputy any of his mandatory powers 46 and delegate someone to perform any of his dispositions. As for the state’s departments, the Messenger of Allah (saw) appointed secretaries for the various department of the state. They were considered to be as directors of those departments. He (saw) appointed Al-Harith ibn Auf Al Hazyy in charge of his stamp, and Nu’ayqib ibn Abi Fatima as secretary of the booty. He (saw) also appointed Hudhayfah ibn Al Yaman as the head of fruits and harvest assessment department, and Zubayr ibn Al Awwam as director of Sadaqah. He (saw) appointed Al Mughira ibn Shu’ba as director in charge of registering the various transactions and so on.

至于军队统帅和总指挥，使者（愿真主赐福他并使他平安）任命哈芬扎·本·阿卜杜勒·穆塔利卜为率三十名骑兵的统帅，前去在海岸边迎战古莱氏人；任命穆罕默德·本·欧拜达·本·哈里斯统率六十名战士，并命令他在拉比格山谷迎战古莱氏人。他（愿真主赐福他并使他平安）还任命萨阿德·本·艾卜·瓦卡斯统率一支二十名骑兵的远征队，并派他前往麦加。因此，他（愿真主赐福他并使他平安）曾任命军队统帅，这证明了任命统帅和军队总参谋长的是哈里发。

As for the army commanders and chief commanders, the Messenger of Allah (saw) appointed Hafiza ibn Abdul Muttalib as commander of an army of thirty riders to confront Quraysh on the seashore, and appointed Muhummad ibn Ubayda ibn Al Harith at the head of sixty fighters and instructed him to confront Quraysh in the Wadi of Rabigh. He (saw) also appointed Sa’ad ibn Abi Waqqas at the head of an expedition numbering twenty riders and dispatched him towards Makkah. Therefore, he (saw) used to appoint the army commanders which proves that it is the Khaleefah who appoints the commanders and the army chiefs of staff.

这些人都只对安拉的使者ﷺ负责，而不对其他任何人负责。这表明，法官、部门主管、军队指挥官、参谋长以及各类高级官员，都只对哈里发负责，而不对乌玛议会负责。只有受委任的助手、瓦利和阿米勒对乌玛议会负责，因为他们是统治者，除他们之外没有其他人对议会负责；但所有人都必须向哈里发汇报。

All these were answerable to the Messenger of Allah (saw) and nobody else, which indicates that the judges, directors of departments, army commanders, chiefs of staff and various senior officials are answerable to none but the Khaleefah. They are not answerable to the council of the Ummah. Only the delegated assistants, the Walis and the Amils are responsible before the council of the Ummah for they are rulers and nobody else is responsible before the council, but everyone has to report back to the Khaleefah.

关于“F”部分，收入与支出均依照伊斯兰教法规则进行管理和控制，每一个基尔什（即一分钱）的入账都符合教法，每一个基尔什的支出也同样依照教法。然而，支出的具体细目，即所谓的支出明细，交由哈里发依其伊智提哈德（独立判断）来决定。收入的细目亦然。例如，关于土地的哈拉只税、人头税（吉兹яя）以及其他各类税费和收入的数额，由哈里发第47位来决定。为每个项目预留的支出，如道路工程、医院等，也由哈里发决定。所有这些事务都交由哈里发裁定，哈里发有权依据自己的伊智提哈德和见解行事。安拉的使者ﷺ曾从收税官处接收收入并加以支出。在某些场合，他ﷺ还授权总督接收款项并加以支出，例如他ﷺ任命穆阿兹管理也门时便是如此。此后，正统哈里发们也这样做，他们每一位都依照自己作为哈里发的见解和伊智提哈德征收并支出收入。没有任何一位圣门弟子表示反对，也没有人在未经哈里发同意的情况下花费一个基尔什。欧麦尔任命穆阿维叶为总督时，授予他一般性的总督权力，使其有权征收和支出。所有这些都证明，预算的细节由哈里发或受其委托的人决定。

As for section “F”, the revenues and the expenditures are controlled and managed according to the Shari’ah rules, every single Qirsh (-penny) is debited according to Shari’ah and every single Qirsh spent in the same way. However the details of the expenditure or what is known as the breakdown of the expenditure are left to the Khaleefah to decide according to his Ijtihad. So are the details of revenues. It is the Khaleefah for instance 47 who decides on the amount of the Kharaj of land, and the Jizya as well as any other levies and revenues. It is the Khaleefah who decides on the expenditures reserved for each project, such as road works, hospitals etc. All such matters are left to the Khaleefah to decide, and it is the Khaleefah who reserves the right to act on his own Ijtihad and opinion. The Messenger of Allah (saw) used to receive the revenues from the Amils, and spend them. It was he (saw) who authorised the Walis on some occasions to receive monies and spend them. This was the case when he (saw) appointed Mu’adh over Yemen. Then the Khulafa Rashideen did the same, each one of them collected the revenues and spent them according to his opinion and own Ijtihad in his capacity as Khaleefah. None of the Sahabah ever disapproved, and nobody ever spent a single Qirsh without the Khaleefah’s consent. When Umar appointed Mu’awiya as Wali, he gave him a general Wilayah whereby he had powers to collect and spend. All this proves that the details of the budget are decided by the Khaleefah or anyone acting on his behalf.

这些关于哈里发所拥有的强制性权力的详细证据，都得到了安拉使者（ﷺ）的圣训的确认：“伊玛目是监护人，他要为其臣民负责。”其中的“他”一词表示限定或排他性，即与臣民事务管理相关的一切事宜，都是哈里发的责任，且仅由哈里发负责。他保有权利，可以依其认为合适的方式，委派任何人承担任何任务，这与代理（委任）的性质相类似。

These are the detailed evidences about the Khaleefah’s mandatory powers and these are confirmed by the Hadith of Allah Messenger (saw): “The Imam is a guardian, and he is responsible over his subjects.” The word he indicates the restriction or exclusivity, i.e. every matter related to the management of the subjects affairs is the responsibility of the Khaleefah and the Khaleefah alone. He reserves the right to delegate anyone with whatever task, however he deems fit, and this is analogous to deputation.