4.14 哈里发的罢免
4.14 The dismissal of the Khalifah
废黜哈里发
The removal of the Khalifah
如果哈里发丧失了七项契约条件中的任何一项,那么他在法律上就不得继续担任哈里发,必须被罢免。罢免的决定完全由马兹万姆法庭(Mahkamat al-Mazalim)作出,因为该法庭负责裁定哈里发是否丧失了任何契约条件。原因在于,凡是哈里发必须被罢免、或其罢免变得必要的事由,都称为“Mazlimah”(不义行为),并应予以消除。然而,这一事由必须经过调查,并须提供证据,因为“mazlima”必须在法官面前得到证实。不义行为法庭(mahkamat al-Mazalim)是裁决所受理的一切申诉(mudhalim)的机构,其法官有权证实不义行为是否发生,并就此作出裁决。因此,马兹万姆法庭是裁定哈里发是否丧失契约条件的机构,也是决定罢免哈里发的机关。然而,如果确实出现了这种情况,而哈里发因此辞职,那么此事即告终结。如果穆斯林认为他应当被罢免,而哈里发与他们发生争议,则此事将交由司法机关裁决解决,因为安拉(SWT)说:
If the Khalifah lost any of the seven contractual conditions, then he is not legally allowed to continue as a Khalifah, he must be removed. The decision of his removal is solely in the hand of the Mahkamat al-Mazalim, for it is the one that decides whether the Khalifah has lost any of the contracting conditions or not. This is because any matter for which the Khalifah has to be removed, or for which his removal becomes necessary, is known as a ‘Mazlimah’ (an act of injustice) and it should be removed. The matter, however, should be investigated and evidence provided as the ‘mazlima must be proved before a judge. The court of unjust acts (mahkamat al-Mazalim) is the body which rules over any complaints (mudhalim) received, and its judge is the person entitled to prove its occurrence and to decide upon it. Therefore, mahkamat ul-mazalim is the body that decides whether or not the Khalifah lost the contracting conditions, and it is the one who decides the removal of the Khalifah. However, if such a situation did arise and, as a result, the Khalifah stepped down, this would be the end of the matter. If, however, the Muslims thought that he should be removed and the Khalifah disputed with them, the matter would be referred to the judiciary to be settled, for Allah (S.W.T) says: .
"如果你们在任何事情上有争议,就应当把它交还给真主和使者。"({4:59})
"If you dispute about any matter, refer it to Allah and His Messenger" [TMQ 4: 59] .
换言之,如果乌玛与当权者发生争执,那么这一争执便是统治者与乌玛之间的争执。所谓"将争执提交给真主和使者",即是将其提交给司法机关,也就是不义行为的法庭。
In other words, if the Ummah disputed with those in authority, this dispute would be between the ruler and the Ummah. Referring the dispute to Allah and the Messenger, means referring it to the judiciary, in other words to the court of unjust acts.