13.3 乌玛议会成员的选举
13.3 The election of the members of the Ummah’s council
选举乌玛议会成员
ELECTING THE MEMBERS OF THE COUNCIL OF THE UMMAH
大众议会的成员由选举产生,而非任命。他们是民众意见的代表,代表应由其所代表的人选出,而不应强加于他。由于大众议会的成员是民众意见的代表,无论这些民众是个人还是群体,因此,只有经由民众自己选出,才能使这一代表在广大地区和人数众多的民众中得以确立。
The members of the Ummah's Council are elected and not appointed. They are representatives of the people in the voicing of opinions, and the representative should be chosen by the person whom he represents and should never be imposed upon him. Since also the members of the Ummah's Council are representatives of the people's opinions, whether they are individuals or groups; so to know the representative of people in a large area and the uncounted folk does not come about unless this representative is chosen by them. .
此外,真主的使者ﷺ在选择咨询对象时,并非依据其能力、才干和个人品质,而是基于两点:第一,因为他们是各自部族的首领,无论其能力和才干如何;第二,因为他们代表着穆哈吉尔和安萨尔两个群体。协商会议成员之所以存在,是为了代表民众。因此,乌玛议会成员的选拔原则应当是:代表民众,正如从各部族首领中有意识地选择时所体现的那样;并代表各个群体,正如从穆哈吉尔和安萨尔中有意识地选择时所体现的那样。要做到代表那些人数无法统计的个人与群体,只能通过选举来实现。因此,乌玛议会的成员必须经由选举产生。
Moreover, the Messenger of Allah (PBUH) did not choose those whom he consulted based on their ability, competence and personalities; rather he chose them based on two points: Firstly, because they were chiefs among their folks, regardless of their ability and competence; secondly, because they represented the Muhajireen and the Ansar. The reason for the presence of the people of the Shura is to represent the people. Therefore the tenet upon which the Ummah's Council members are chosen should be: the representation of people, as was the case in the deliberate selection from the chiefs, and the representation of the groups as was the case in the deliberate selection from the Muhajireen and the Ansar. This representation of the individuals and groups who are uncounted cannot be achieved except by election. The members of the Ummah's Council have to therefore be elected. .
至于由使者本人选择咨询对象这一点,原因在于所涉及的地区麦地那较小,而且穆斯林都为他所熟知。相比之下,在第二次阿qaba宣誓(Bayah)时,向他宣誓效忠的穆斯林并不为他所熟知,因此他把推选首领的事交由他们自行决定,并说道:ﷺ
As for the fact that it was the Messenger of Allah (PBUH), himself, who chose whom he consulted, this was because the area in question, Medina, was small and because the Muslims were known to him. In contrast, in the second Bayah of Al-Aqaba, the Muslims who gave him the Bayah were not known to him and this is why he left the matter of choosing the chiefs to them, by saying: .
"从你们中选出十二位领袖,他们将对自己和自己的people负责。"这段话见于伊本·希沙姆的《圣训传记》,出自凯布·本·马立克。由此可以得出结论:乌玛议会的成员代表了穆斯林大众的意见。既然设立该议会的理由(ʿIllah)在于代表个人和群体发表意见,并使统治者承担责任,而若不知晓这些人员,这一目的便无法实现,除非进行普遍选举。所有这些都证明,乌玛议会的成员应当通过选举产生,而不是任命。
"Choose from among you twelve leaders who will be responsible for themselves and their people." As reported in the Seerah of Ibn Hisham from Kaab b. Malik. We can thus conclude from the fact that the members of the Ummah's Council represent the opinion of the Muslims at large, and since the reason (‘Illah) for which the Council is founded is to represent the individuals and groups in voicing their opinions and in holding the rulers accountable, and since this cannot be achieved if the persons were not known, unless there was a general election. All of this proves that the members of the Ummah's Council should be elected and not appointed.