6 执行助理(mu’awin al-tanfidh) - 哈里发国家的各项制度 | System Of Islam

6 执行助理(mu’awin al-tanfidh) - 哈里发国家的各项制度 | System Of Islam

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6 执行助理(mu’awin al-tanfidh)

6 The executive assistants (mu’awin al-tanfidh)

by Hizb ut-Tahrir7 min readViewed 162 times

Mu'awin-un-Tanfidh(穆阿温-敦法德,执行副官)是哈里发任命的大臣,作为他在执行事务方面的助手,负责跟进和落实他的命令。他是哈里发与国家各部门、臣民及外交部门之间的中介,往返传递哈里发的讯息。他是执行命令的助手,无权对命令进行决断,也不受委托处理命令,即其职责是执行与行政,而非统治。他的部门是用来执行哈里发向内政与外交部门所颁布之事的工具,确保通过这些部门呈报给哈里发的一切事务都服从哈里发。该部门充当哈里发与他人之间的中介,代表哈里发向他人传达,也向哈里发转达来自他人的信息。

A Mu’awin-un-Tanfidh is the wazir whom the Khalifah appoints to be his assistant in the execution of matters, the following up and implementation of his orders. He is the intermediary between the Khalifah and the various State departments, the subjects and the foreign office. He conveys messages to and fro to the Khalifah. He is an assistant in executing orders and is not authorized over them or entrusted with them i.e. his role is one of execution and administrative and not ruling. His department is a tool used to execute what the Khalifah issues to the internal and foreign offices, ensuring submission to the Khalifah in all that comes to him through these offices. His department acts as an intermediary between the Khalifah and others, where it conveys to them on his behalf and conveys to him from them. .

在先知穆罕默德ﷺ和四大哈里发的时代，行政助理被称为书记（al-Katib）。此后，他被称为书信或往来函件档案的保管人。后来人们决定称他为文书撰写官，或撰写档案的保管人。最后，法学家们称他为行政助理（wazir al-tanfidh）。

哈里发是统治者，其职责包括治理、执行和照管民众事务。施行统治、执行和照管需要行政工作，因此需要设立一个专门部门，与哈里发密切配合，处理协助他履行哈里发职责的事务。于是需要一位执行助理，由哈里发任命，负责管理行政事务，但不负责治理事务。他不履行像授权助理那样的任何治理职责。例如，他不得任命瓦里或阿米尔，也不得管理民众事务。他的职责仅限于行政，即执行哈里发或授权助理发布的治理命令和行政事务。正因如此，他被称为执行助理。法学家过去称他为“执行宰相”（wazir tanfidh），其含义即为Mu'awin al-Tanfidh，理由是“wazir”一词在语言上指“助手”。他们说，这位宰相是哈里发、臣民与瓦里之间的中介，他传达所发出的命令，执行其规定，向哈里发报告瓦里的任命情况，以及边疆驻军和部队的筹备情况。他还向哈里发转达来自这些机构的一切事务，并通报可能出现的所有新情况，以便哈里发对此下达相应命令。这使他成为执行命令的助手，而不是主管命令或被委托掌管命令的人。他类似于当今国家元首的办公厅主任。由于执行助理与授权助理一样直接隶属于哈里发，他属于哈里发的近侍班子。他的职责需要与哈里发（Khalifah）保持联系，需要随时跟进哈里发的事务，并且需要在任何时候、无论白天黑夜，与他单独会面。这一点与伊斯兰教法对女性的规定不符。因此，这位执行助理必须是男性。此外，执行助理不能是非信徒，必须是穆斯林，因为他属于哈里发的随从之列。这是因为真主（SWT）说：

The Khalifah is a ruler, whose duties include ruling, execution, and looking after people’s affairs. The carrying out of ruling, execution and guardianship requires administrative actions. This necessitates the setting up of a special department that works closely with the Khalifah to manage tasks that help him carry out the Khilafah’s duties. Thus an executive assistant is required, to be appointed by the Khalifah to run the administrative affairs but not the affairs of ruling. He does not perform any ruling duties like the delegated assistant. He is not allowed, for example, to appoint a Wali or an amil, nor to manage people’s affairs. His duties are merely administrative, i.e. to execute the ruling orders and the administrative tasks issued by the Khalifah or the delegated assistant. This is why he is known as the executive assistant. Jurists used to call him ‘wazir tanfidh’ which simply means Mu’awin al-Tanfidh, on the basis that the word wazir is linguistically used to mean ‘the assistant’. They said that this wazir is an intermediary between the Khalifah, the subjects and the Walis, who conveys the orders issued to him, executes his rules, informs the Khalifah about the appointment of Walis, and about the preparation of task forces and armies stationed at the frontiers. He also conveys to the Khalifah whatever comes from these offices and informs him of all new matters that may arise so that he can implement the Khalifah’s orders regarding them. This makes him an assistant in executing commands, not in taking charge over them, or entrusting him with them. He is similar to the head of the divan of the head of the state at the present time. Since the executive assistant is linked directly to the Khalifah just like the delegated assistant, he is part of the Khalifah’s entourage. His task requires contact with the ruler (Khalifah) and requires pursuance with the Khalifah and meeting with him in isolation at any time, day or night, a matter that disagrees with the conditions for a woman according to the divine rules. Therefore, the executive assistant has to be a man. In addition the executive assistant cannot be a disbeliever; he must be a Muslim, for he is part of the Khalifah’s entourage. This is because Allah (S.W.T) says:.

哈里发是实际的统治者。他亲自负责统治、执行以及管理民众事务。因此，他与统治机构、国际事务和乌玛保持着持续的联系。他颁布法律、作出决定，并采取关怀民众的行动；他审视统治机构的运作情况、它可能面临的障碍及其需求。他也会了解来自乌玛的任何请求、申诉和事务，并跟进国际活动。因此，基于这些职能的性质，穆阿温·阿特-塔斯菲德（执行助理）充当与之相关的中介，即他把信息传达给哈里发，再把哈里发的命令传达给乌玛。哈里发发给各部门的指令，以及各部门呈报给他的事项，都需要跟进和落实，这项工作由执行助理承担，并确保其得到令人满意的执行。他将主持哈里发命令的执行以及国家各部门的工作，除非哈里发特别要求，否则他不会停止。在这种情况下，他有义务服从哈里发的命令，因为哈里发是统治者，其命令必须得到执行。

The Khalifah is the actual ruler. He is the one who deals with ruling, execution and the management of people’s affairs by himself. Therefore he is in constant contact with the ruling apparatus, international affairs and the Ummah. He enacts laws, takes decisions, and carries out actions of caring, looks at the performance of the ruling apparatus, the obstacles it may face and its requirements. He is also informed of any demands, complaints and matters that come from the Ummah, and he follows up the international activities as well. Therefore, based on the nature of these actions, the Mu’awin at-tanfidh acts as an intermediary relating to them, i.e. he conveys messages to the Khalifah and in turn the Khalifah’s orders to the Ummah. What is issued by the Khalifah to the different departments and what comes to him from them, needs following up and implementation, which is undertaken by the executive assistants who ensure its satisfactory execution. He would preside over the execution of the Khalifah’s orders and the State departments and would not stop, unless the Khalifah specifically demanded so. In this case he is obliged to obey his orders because the Khalifah is the ruler and his order has to be implemented. .

• 沙姆地区的军队写信给欧麦尔,请求他给予支援,他也回信给他们。艾哈迈德从被认为是可靠的传述者那里转述:艾卜·哈提姆·伊本·哈班听萨马克说:“我听伊亚德·阿什阿里说:‘我参加了雅穆克战役,当时我们处于五位总指挥之下:艾布·欧拜达·伊本·贾拉赫、雅济德·伊本·艾布·苏富扬、伊本·哈桑纳格、哈立德·伊本·瓦利德,以及伊亚德。’”传述者与对萨马克讲话的那位不同。他说,欧麦尔说:“如果出现争端之事,那就向艾布·欧拜达寻求帮助。”萨马克说:“于是我们写信给他,说死亡在我们之中肆虐,我们请求他的支援。他回信给我们说:‘我收到了你们的信,信中你们请求我的支援。我指引你们去寻求支援最强、其军队最为齐备的那一位,他就是安拉(至高无上),所以你们要向祂寻求帮助,因为穆罕默德ﷺ在白德尔战役中获得胜利时,兵力比你们还少。我的信送到你们手中后,你们就去与他们作战,不要再与我商议。’于是我们与他们作战,并击败了他们。我们追杀他们达四法尔桑之远。”

• The armies in Al-Sham wrote to ‘Umar asking him for support, and he wrote back to them. Ahmad has reported from narrators considered as sound narrators that Abu Hatim ibn Habban heard Sammak saying: “I heard Iyad al- Ash’ari say, “I attended al-Yarmuk when we were under five amirs: Abu ‘Ubaydah ibn al-Jarrah, Yazid ibn Abi Sufyan, Ibn Hasanag, Khalid ibn Al-Waleed and Iyadh who was different to the narrator that spoke to Sammak. He said that ‘Umar said, “If there is a matter of conflict, then seek the help of Abu Ubaydah.” Sammak said: “So we wrote to him that death raged against us and we sought his support. He wrote to us replying, “I received your letter in which you seek my support. I direct you to the one who is of stronger support and whose soldiers are more ready. He is Allah (‘azza wa jall), so seek His help, because Muhammad (PBUH) was given victory at Badr with less than your army. Once my letter has reached you, fight against them and do not consult with me. So we fought against them and thus defeated them. We killed them for four farsakh.” .