10.2 州长的强制性权力
10.2 The mandatory powers of the of the Governor
瓦里(Waali)有权统治,并代表哈里发监督其省(Wilayah)内各部门的工作。因此,除财政、司法和武装力量外,瓦里在其省内享有一切权力。他对省内民众拥有伊玛拉(Imarah),并负责监督与该省相关的所有事务。然而,警察在执行层面受其指挥,但在行政层面则不受其指挥。
The Waali has a mandate to rule and to supervise the activities of the various departments within his Wilayah, and this is done on behalf of the Khaleefah. So the Waali enjoys all the powers within his Wilayah except the funds, the judiciary, and the armed forces. He has the Imarah over the people in his Wilayah and is responsible for supervising all matters relating to the Wilayah. However the police would be under his command in terms of the execution only and not in terms of the administration.
这是因为,瓦利(Waali)是哈里发在其被任命之地的代理人。他拥有哈里发所拥有的同样的强制性权力,若其瓦拉雅(Wilayah)为普遍性的,即若他被授予该地的普遍监督权,则他在一般监督(Wilayah ‘Aammah)方面如同穆阿文(Mu’awin)。若其瓦拉雅是特定的(Wilayah Khaassah),则他仅具有特定的监督职责,并且只限于其被任命所涉及的事务;那么在这种情况下,他就无权审查其他事务。真主的使者(愿主福安之)曾任命一些人担任无限定的统治瓦拉雅,另一些人担任涵盖一切的普遍瓦拉雅(Wilayah ‘Aammah),还有一些人则被任命到特定地区并授予特定的瓦拉雅。他(愿主福安之)派遣穆阿兹前往也门,并教导他如何处理事务。穆阿兹传述,艾哈迈德、阿布·达乌德和拜哈基均有记载:当真主的使者(愿主福安之)派他前往也门时,对他说:“如果有案件呈到你面前,你将如何裁决?”他回答说:“依据真主的经典。”他(愿主福安之)说:“如果你在经典中找不到呢?”他回答说:“我将依据真主使者的逊奈来裁决。”他(愿主福安之)说:“如果你在其中也找不到呢?”他说:“我将运用我的见解(进行Ijtihad),不遗余力。”于是真主的使者(愿主福安之)把手放在我的胸前,说:“赞美真主,祂使真主使者的使者得到了真主和祂的使者所喜爱的引导。”他(愿主福安之)还派遣阿里·本·阿比·塔利卜前往也门,但未对他作具体指示,因为他对阿里的学识与能力充满信任。他(愿主福安之)任命穆阿兹时,把拜功(Salah)和天课(Sadaqah)的事务交给了他。他(愿主福安之)任命法瓦·本·穆赛克为穆拉德、穆兹希只和宰比德三地的阿米勒(‘Amil),并派遣哈立德·本·赛义德负责天课的征收。 所有这些都表明,瓦里(Waali)拥有统治所需的全部权力,这从给穆阿兹的指示而非给阿里的指示中可以看出。这也表明,真主的使者(愿主福安之)赋予了一些瓦里(Wulah)对拜功(Salah)和天课(Sadaqah)的普遍权限,而对另一些人则只赋予了仅限于拜功或仅限于天课的特定权限。
This is because the Waali is a deputy of the Khaleefah in the place where He appoints him. He has the same mandatory powers that the Khaleefah has, and He is like the Mu’awin in terms of general supervision (Wilayah ‘Aammah) if his Wilayah were general, i.e. if He was given general supervision in that place. He would have a specific supervisory role, and in matters related to those for which He was appointed, if his Wilayah was specific (Wilayah Khaassah); then in such a case He would have no mandate to examine other matters. The Messenger of Allah (pbuh) used to appoint some people in an unrestricted Wilayah over ruling, others in a general Wilayah (Wilayah ‘Aammah) covering everything, and others to a specific area and with a specific Wilayah. He (saws) sent Mu’az to Yemen and taught Him how to procced. Al-Bayhaqqi, Ahmad and Abu Dawood narrated on the authority of Mu’az that “The Messenger of Allah (pbuh) said to him, when He (pbuh) sent Him to Yemen; ‘How would you rule if a case was presented to you?’ He said; ‘By the Book of Allah.’ He (pbuh) said; ‘What if you do not find it (the verdict) there?’ He replied; ‘I would judge by the Sunnah of Allah’s Messenger.’And He (pbuh) said; ‘What if you do not find it there?’ He said; ‘I would exert an opinion (perform Ijtihad), saving no effort.’ Upon this the Messenger of Allah (pbuh) put his hand on my chest and said; ‘Praise be to Allah Who has guided the Messenger of the Messenger of Allah (pbuh) to what Allah and His Messenger love.’” He (pbuh) also sent Ali bin Abi Talib to Yemen without instructing him, because He was confident about his knowledge and competence. When He (pbuh) appointed Mu’az He assigned the Salah and the Sadaqah to him. He (pbuh) appointed Farwa bin Musayk as an ‘Amil over Murad, Muzhij and Zabeed and He sent with Him Khalid bin Sa’eed in charge of the Sadaqah. All this demonstrates that the Waali has all the mandatory powers of ruling, as is evident by the instructions given to Mu’az and not given to ‘Ali. It also demonstrates that the Messenger of Allah (pbuh) gave some Wulah general Wilayah over the Salah and the Sadaqah, while He gave others a specific Wilayah covering the Salah only, or the Sadaqah only.
然而,尽管哈里发有权在总督辖区(Wilayah)或特定辖区中任命瓦利(Waali),但也已证实:在奥斯曼时期,穆阿维叶(Mu’awiya)所被授予的总体辖区中,他曾设法摆脱哈里发的控制而独立,奥斯曼对他的权威并不明显。奥斯曼死后,他因在沙姆地区拥有对一切事务的强制性统治权而引发了内乱(Fitna)。阿拔斯哈里发衰落时期也是如此,各个辖区纷纷独立,哈里发的权威仅剩下为其做杜阿(du’a,祈祷)以及在货币上铸刻其名。因此,授予总体辖区会对伊斯兰国家造成危害。所以,瓦利应当被授予受限的辖区,以防止其脱离哈里发而独立。 由于导致分裂的主要因素是武装力量、财政和司法:武装力量代表权力,财政代表"命脉",司法则体现对权利的保护和刑律的执行。因此,应当授予瓦利一种特定(Khassah)的辖区,将司法、武装力量和财政排除在外;若将这些交由瓦利掌management,将助长其可能的分裂,从而削弱国家的权威。 不过,由于瓦利是统治者,理应拥有执行权,警察应处于他的指挥之下,他的伊玛拉(Imarah)应涵盖警察力量以及辖区内除上述三个部门之外的所有领域。由于警察属于武装力量的一部分,其行政管理应置于军队指挥之下;但就执行而言,警察仍应听从瓦利的调遣。
However, although the Khaleefah is permitted to appoint a Waali in a general Wilayah, or in a specific one, it has also been confirmed from the general Wilayah given to Mu’awiya that He managed to become independent of the Khaleefah during the days of ‘Uthman, and ‘Uthman’s authority over Him was not apparent. In the wake of ‘Uthman’s death He caused the Fitna (civil strife) due to the mandatory ruling powers given to Him over everything in Ash-Sham. This was also the case during the decline of the Abbassid Khulafaa’ where the Wilayaat became independent and the Khaleefah’s authority over them was reduced to having Dua’a (supplications) performed for Him and the currency engraved with his name. Therefore, giving a general Wilayah causes harm to the Islamic State. Thus, the Waali should be given a restricted Wilayah in a way that would prevent Him from becoming independent of the Khaleefah. Since the main factors contributing to a breakaway would be the armed forces, funds and the judiciary, because the armed forces represent the power, the funds represent the “life blood” and the judiciary demonstrates the safeguarding of the rights and the execution of the penal codes. Therefore the Wulah should be given a specific (Khassah) Wilayah that excludes the judiciary, the armed forces and the funds, Delegating these to the Waali would encourage a potential breakaway and this would undermine the State’s authority. However, because the Waali is a ruler, and because He ought to have the executive power, the police would be under his command, and his Imarah would cover the police force as well as all other domains within the Wilayah, except for the three departments mentioned above. Since the police force is part of the armed forces, its administration should remain under the army command. Nevertheless it would be at the Waali’s disposal in terms of execution.
瓦里(Waali)没有义务就其依据其伊玛拉(Imarah)所履行的职责向哈里发(Khaleefah)汇报,除非他选择这样做。如果出现异常事件,他应当告知哈里发并等候其指示,然后执行哈里发所下达的命令。如果他认为该事件不能等待,需要立即处理,他应当立即处理此事,之后再告知哈里发,说明他未经请示便采取行动的理由。
The Waali is not obliged to report back to the Khaleefah on the tasks He performs according to his Imarah unless if He chooses to do so. If an unusual matter were to arise, He should inform the Khaleefah and wait for his instructions, and then execute what the Khaleefah ordered. If He felt that the matter could not wait and needed immediate action, He should deal with the matter immediately, and then inform the Khaleefah stating his reasons for not consulting Him before taking action.
关于授权助理(delegated assistant)与总督(Waali)之间的区别:授权助理必须就其每一项行为向哈里发汇报,而总督则无需如此,其原因在于:授权助理是哈里发本人的副手,也是他的代理人(Wakeel),他所做的正是哈里发的行为。因此,如果哈里发去世,该助理便会被罢免。而总督则不然,因为总督既不是哈里发个人的代理人,也不是其副手,也不代哈里发执行行为。所以,哈里发去世后,总督并不会被罢免。
Regarding the difference between the delegated assistant and the Waali in terms of the necessity that the assistant reports to the Khaleefah on every action He performs, while the Waali needs not to do so, this is because the delegated assistant is a deputy of the Khaleefah himself and a Wakeel (representative) for him, and He performs the Khaleefah’s actions. Hence if the Khaleefah were to pass away the assistant would be removed. This does not apply to the Waali, because the Waali is neither his Wakeel nor deputy for Him personally or does He perform his actions. Therefore, He is not removed once the Khaleefah passes away.
信使(愿主福安之)委任他的各位Wulah,并未要求他们就所履行的职责向他汇报,他们也没有向他汇报。他们各自凭借自己的主见履行职责,每人依自己认为适当的方式统治其Imarah。穆阿兹、阿塔卜·本·乌赛德、阿拉·本·哈德拉米以及他其他所有的Wulah皆是如此。这表明,Waali无需就其任何职责向Khaleefah汇报。在这一点上,他与Mu'awin不同:Mu'awin必须就其所办的每一件事向Khaleefah汇报并征求意见,而Waali则无此义务。Khaleefah反过来必须审查Mu'awin所做的每一件事,但对Waali则无此义务,尽管他会询问Wulah的情况并查阅有关他们的信息。因此,Waali在其Wilayah内拥有不受限制的行动空间。正因如此,穆阿兹在被派往也门时,对信使(愿主福安之)说道:
The Messenger of Allah (pbuh) appointed his Wulah without asking them to report back to Him about the duties they performed, and they did not report back to him. They performed their duties on their own initiatives, each one of them ruling over his Imarah as they deemed fit. That was the case with Mu’az, ‘Attab Ibnu Usayd, Al-Ala’ Ibnul-Hadhrami and all his other Wulah. This demonstrates that the Waali does not have to report back to the Khaleefah about any of his duties. In this aspect, He differs from the Mu’awin, as the Mu’awin must report back and consult the Khaleefah in every task He performs, whereas the Waali is not obliged to do so. The Khaleefah in turn must examine every action undertaken by the Mu’awin, but He is not obliged to do the same with the Waali, although He enquires about the situation of the Wulah and review information about them. Therefore, the Waali has an unrestricted course of action within his Wilayah. This is why Mu’az said to the Messenger of Allah (pbuh) when He was sent to Yemen:
“我将运用我自己的见解。”这证明,瓦利(Waali)无需向哈里发汇报,也无需征询哈里发的意见,而是运用自己的见解。他可以就重要事务征询哈里发的意见并请求其指示;但对于不重要的事务,他不必征询,以免民众的事务被耽搁。若出现非同寻常的事务,他应当呈交哈里发处理,因为任命瓦拉耶(Wilayah)的性质是:哈里发将某国或某省全体民众的日常事务管理权委托给瓦利,由其执行日常职责。若出现非常态的事务,他应当向哈里发报告;但若他担心因延误处理而可能产生某种危害,则应立即采取行动,随后再将该事务通知哈里发。
“I will exert my own opinion.” This serves as a proof that the Waali does not need to report back nor consult the Khaleefah, but exerts his own opinion. He can consult the Khaleefah and ask for his opinion on important matters, but when it comes to matters that are not important, He would not consult Him lest people’s affairs were delayed. If an unusual matter were to arise, He should refer it to the Khaleefah, because the appointment of the Wilayah is that the Khaleefah delegates to the Waali the Imarah of a country or province over its entire people to carry out the ordinary duties. If an inordinary matter were to arise, He should report to the Khaleefah, unless He feared that some mischief might occur due to the delay in dealing with the matter, in which case He should act at once and then notify the Khaleefah of that matter.
这个人担任 Wilayah(管辖/治理之职)的期限不宜过长。最好的做法是,当他已经站稳脚跟,或者人们已经被他的品格所吸引时,便将其解任。
The time period of Wilayah for the person should not be a lengthy period. It would be best to relieve Him if He became established or if people became attracted to his personality.
信使(愿主赐福他并使他平安)曾任命官员(Wulah)任职一段时间后便将其罢免,在信使(愿主赐福他并使他平安)在世的整个时期内,没有任何Waali一直留任于其辖区。这表明Waali不应被永久任命,而只应任职短暂一段时间,之后即被罢免。然而,关于这一任期长短的证据,并未由信使(愿主赐福他并使他平安)的行为所确定。与此事相关的唯一事实是,信使(愿主赐福他并使他平安)并未在其一生中让某位Waali长期留任其职位。已确凿地确立的是,他(愿主赐福他并使他平安)曾任命官员,然后将其罢免。另外,震动乌玛的那场Fitna,是由穆阿维叶在欧麦尔和奥斯曼时期长期统治沙姆地区所引起的。由此得出结论:长期的统治权可能对穆斯林和国家造成伤害。因此,统治的任期不应过长。
The Messenger of Allah (pbuh) used to appoint Wulah for a period of time and relieve them, and no Waali remained at his Wilayah during the whole era of the Messenger of Allah (pbuh). This indicates that the Waali should never be appointed permanently, but only for a short spell after which He is removed. However, evidence about the length of this period i.e. whether it should be long or short, has not been determined by the actions of the Messenger of Allah (pbuh). All that is related to this matter is that the Messenger of Allah (pbuh) did not keep a Waali at his post during the whole of his life. It has been established as a fact that He (pbuh) used to appoint the Wulah and then relieve them. However, the Fitna that shook the Ummah was caused by the lengthy period of Mu’awiya’s Wilayah over Ash-Sham during the times of ‘Umar and ‘Uthman. This leads us to the conclusion that a lengthy period of Wilayah could harm the Muslims and the State. This is why the period of Wilayah should not be long.
瓦利不应从一个省(维拉耶)调到另一个省,因为他的任命虽然是一般性的,但其管辖范围是特定的地区。因此,应先将其免职,然后再重新任命。
The Waali should not be transferred from one Wilayah to another, because although his appointment is of a general nature, it is over a specific area. Thus, He should be relieved first and then reappointed.
这一点从先知ﷺ的做法中就很清楚:他曾罢免过wulah(地方长官),却没有任何记载说他曾把一位Waali从一个地方调往另一个地方。此外,wilayah属于以明确言辞订立的契约类型之一。因此,在对某个省或某个国家的wilayah契约中,必须确定Waali所管辖的区域,只要哈里发没有罢免他,他就拥有统治的授权;如果他没有被从该区域罢免,他仍然是该区域的Waali。然而,如果他被调往另一个地方,这既不会解除他原先的职位,也不会使他成为新地方的Waali。这是因为要将他从原来的地方罢免,需要一个明确的言辞表明他已被解除该地的wilayah;而要任命他治理被调往的地方,则需要一份针对该地方的新的任命契约。因此,Waali并不是从一个地方被“调动”,而是先从一个地方被解除职务,然后再获得对新地方的新的wilayah。
This was clear from the actions of the Messenger of Allah (pbuh), where He used to remove the Wulah. It has not been reported that He used to transfer a Waali from one place to another. Besides, the Wilayah is one of the types of contracts that are convened with explicit words. So within the contract of Wilayah over a province or a country, the area over which the Waali is to govern must be determined, and He would have the mandate of ruling as long as the Khaleefah does not remove him. If He were not removed from that area He would remain a Waali over it. However if He were transferred to another place this would not remove Him from his first position nor would it make Him a Waali over the new place. This is because his removal from the first place requires a clear word stating that He was removed from the Wilayah there. Appointing Him over the place where He had been transferred requires a new contract of appointment as a Waali specific to that place. This is why the Waali is not transferred from one place to another, but is relieved of his duties from one place and then given a new Wilayah over the new place.