10.1 州长的任命与罢免
10.1 The appointment and dismissal of the Governors
伍莱(Wulah,地方长官)由哈里发任命,而阿米里('Aamileen,官员)则由哈里发任命,若哈里发授权,也可由伍莱任命。伍莱和阿米里所需的条件与助理(Assistants)的条件相同:他们必须是穆斯林、男性、自由人、成年、理智、公正,并且胜任其职责;并且应从虔诚且有影响力的穆斯林中选任。
The Wulah are appointed by the Khaleefah, whereas the ‘Aamileen are appointed by the Khaleefah and by the Wulah if they are delegated to do so. The conditions required for the Wulah and ‘Aamileen are the same as those of the Assistants. They should be Muslim, male, free, mature, sane and just, as well as competent in their task, and they should be chosen from among the pious and the influential Muslims.
先知穆罕默德ﷺ曾任命総督(Wulah)和各地的埃米尔(Ameers)。他任命一人统管整个省份(Wilayah),例如阿穆尔·伊本·哈兹姆,当时他被任命管理整个也门。有时,先知ﷺ任命一位总督管理省份的一部分,穆阿兹·本·哲白勒和艾卜·穆萨就是这样。先知ﷺ将他们分别派往也门的不同地区,每个地区相互独立,并对他们说:
It was the Messenger of Allah (pbuh) who used to appoint the Wulah and the Ameers of the countries. He (swt) used to appoint them over a whole Wilayah as in the case of Amr Ibnu Hazm when He appointed Him over the whole of Yemen. In some cases, He (pbuh) used to appoint a Waali over a part of the Wilayah as was the case with Mu’az bin Jabal and Abu Moussa. He (pbuh) sent each one of them to a different part of Yemen, each part independent of the other, and He said to them:
“要温和,不要严厉;要报喜讯,不要使人远离;要相互帮助。”[布哈里辑录] 在另一段传述中,他(愿主赐福他并使他平安)补充道:“要彼此合作。”至于瓦利有权在其辖区内任命行政官员(阿米里)的证据,则来自哈里发保留将任命行政官员的权力委托给瓦利的权利。
“Be gentle and do not be harsh, bring glad tidings and do not drive people away and do help each other.” [Narrated by Al-Bukhari] In other narration, He (pbuh) added; “and co-operate with each other.” As for the evidence regarding the fact that the Waali is permitted to appoint the ‘Aamileen within his Wilayah, this is taken from the fact that the Khaleefah reserves the right to delegate the appoinment of ‘Aamileen to the Waali.
关于瓦利(Waali)的职位应与被委任的助理(Mu'awin)的条件相同这一论点,其证据是:瓦利如同穆阿温(助理),是哈里发在治理事务上的副手。因此,他也是统治者,应具备哈里发所需的条件。 他必须是男性,因为先知穆罕默德ﷺ说:“将统治权(Wilayah)交给女人的民族,永不会成功。”(布哈里根据艾比·伯克拉的传述所载)。这里的“Wilayah”一词意为统治,而在统治的语境中,“Amr”一词意为治权与权威。 他还必须是自由人,因为奴隶不拥有自己,因此不能统治他人。 他也必须是穆斯林,因为真主说:“真主绝不会让不信道者对信道者有任何权威。” [TMQ An-Nisa’: 141]
Regarding the evidence about the conditions required for the Waali’s post being the same as those for the delegated Assistant, this is extracted from the fact that the Waali is like the Mu’awin (the Assistant) He is a deputy to the Khaleefah in ruling matters. Therefore, He is a ruler and He should fulfil the same requirement of the Khaleefah. He should be male, for the Messenger of Allah (pbuh) said; “People who appoint a woman to have a Wilayah over their Amr (affairs) shall never succeed.” [Narrated by Al-Bukhari on the authority of Abi Bakra] Here the word Wilayah means ruling; and the word Amr, when used in the context of Wilayah, means ruling and authority. He should also be a free man, for the slave does not own himself, thus He cannot be a ruler over others. He should also be Muslim, for Allah (pbuh) says; “Allah will never allow authority to the disbelievers over the believers.” [TMQ An-Nisa’: 141]
他还应当成年且神智健全,因为真主的使者ﷺ说:“有三种人可免于受罚……”其中包括“……孩童直到成年,以及精神失常者直到恢复正常。”[艾卜·达吾德记载]凡不受处罚者便无需承担责任,既然处罚被免除,责任也随之免除,因此他不能承担执行律法的职责,即不能掌握权力。另一个条件是瓦利必须公正,因为真主(swt)将其设为作证的条件,而作为统治者的条件更有理由如此要求。真主(swt)说:“信道的人们啊!如果一个犯罪者(Fasiq)带着某个消息来见你们,你们就应当查证。”[古兰经《享有寝室章》6节]因此,当犯罪者带来消息时,命令需要查证;而统治者不应属于那些其言论无需查证即可采信的人。所以,若统治者属于那些其言论须经查证方能采信的人,在他裁决时便是被禁止的。瓦利还必须有能力,并且能够胜任所被委派的裁决工作。这是因为,当艾布·载尔请求被任命管理一个地区时,真主的使者ﷺ对他说:
He should also be mature and sane, for the Messenger of Allah (pbuh) said; “Three types of people are exempt from punishment...” and they include “...the child until He is mature and the insane until He is cured.” [Narrated by Abu Dawood] Whoever is not punishable cannot be accountable, and if punishment is lifted so is his accountability, therefore He cannot take the responsibilty of executing rules i.e. take the authority. Another condition is that the Waali must be just, for Allah (swt) has made it a condition for the witness, and there is more reason for it to be a condition required for the ruler, because Allah (swt) says; “O you who believe, if a Fasiq (sinner) came to you with some news then do verify it.” [TMQ Al-Hujurat: 6] So verification has been ordered when a Fasiq comes with the news, and the ruler should of those whose verdict is taken without verification. Therefore, it would be forbidden that the ruler be from among those whose word is not accepted except after verification when He judges. It is also a condition for the Waali to be competent and able to perform the ruling tasks that have been assigned to him. This is because the Messenger of Allah (pbuh) said to Abu Dharr when He requested appointment over a Wilayah:
“我认为你软弱。”另一段传述说:“艾布·宰尔啊!你软弱,而这个职位是一种信托。”[两段皆由穆斯林(Muslim)传自艾布·宰尔] 这证明:软弱者,即无能力者,不适合担任瓦里(Waali,管理者)。
“I think you are weak.” Another narration says; “O Abu Dharr! You are weak and this post is a trust.” [Both are narrated on the authority of Muslim on the authority of Abu Dharr] This serves as evidence that He who is weak, i.e. incompetent is not fit to be a Waali.
先知ﷺ曾从善良之人、有学识且以虔诚著称者中挑选他的官员(Wulah)。他会从各自领域的专家中挑选,这些人能够在人们心中注入信仰(Iman)和对国家的尊重。苏莱曼·伊本·布赖达(Sulayman Ibnu Barida)引述其父的话说:“每当真主的使者ﷺ任命一位艾米尔(Ameer)统领军队或远征队时,他总会嘱咐他敬畏真主,并善待随行的穆斯林。”[穆斯林辑录] 由于瓦利(Waali)实际上就是其辖区(Wilayah)的艾米尔,这段圣训同样适用于他。
The Messenger of Allah (pbuh) used to select his Wulah from among the good people, and those who had knowledge and were known for their piety. He used to select them from among those who were experts in their field, and who would fill people’s hearts with Iman and respect for the State. Sulayman Ibnu Barida reported on the authority of his father that He said; “Whenever the Messenger of Allah (pbuh) appointed an Ameer over an army or an expedition, He used to advise Him to fear Allah and to be good to the Muslims who accompany him.” [Narrated by Muslim] Since the Waali is, in fact, an Ameer over his Wilayah, the Hadith would then apply to Him as well.
关于罢免瓦利(Waali)一事,这取决于哈里发;如果其辖区内的大多数人或他们的代表对其表示不满,也由哈里发来罢免他。是哈里发将其撤职,原因在于先知ﷺ曾无任何理由地罢免了也门的穆阿兹·本·杰伯勒,又因阿卜杜·盖斯代表团对他提出控诉,先知ﷺ罢免了他在巴林的官员阿拉厄·伊本·哈德拉米。欧麦尔·本·哈塔ब(Umar ibn Al-Khattab)也曾有或无理由地罢免各地的瓦利:他无理由地罢免了齐亚德·伊本·阿布·苏夫扬,又因民众对萨阿德·伊本·阿比·瓦卡斯提出控诉而罢免了他,并说道:“我罢免他并非因为他无能或背信。”由此证明,如果其辖区内的民众对瓦利提出控诉,哈里发有权随时罢免他。
As for the dismissal of the Waali, this would be up to the Khaleefah, and the majority of people in his Wilayah or their representatives if they showed discontent towards him. It is the Khaleefah who removes him. This is because the Messenger of Allah (pbuh) dismissed Mu’az bin Jabal from Yemen without any reason, and He (pbuh) removed Al-Ala’ Ibnul- Hadhrami, his ‘Amil over Bahrain, because the delegation of Abdu Qays complained about him. ‘Umar ibn Al-Khattab used to dismiss the Wulah with or without reason. He dismissed Ziad Ibnu Abi Sufyan without giving a reason, and He dismissed Sa’d Ibnu Abi Waqqas because the people complained about him, and then said; “I did not remove Him because of incompetence or betrayal.” This proves that the Khaleefah reserves the right to remove the Waali whenever He wished if the people living in his Wilayah filed a complaint against him.