12.3 管理细则
12.3 The administraion details
就整体的行政而言,情况便是如此。至于行政的细节,则源于行政本身的性质。考察其性质可以发现,有些事务由哈里发亲自或由其助手执行,无论这些事务是统治性的,例如施行沙里亚,还是行政性的,或是处理民众的附属利益,而这些事务需要特定的方式与手段。因此,哈里发需要一套特殊的机构来管理那些有助于其履行哈里发职责的事务。民众也有需要处理的利益,这些利益与臣民相关,同样需要特定的方式与手段来实现。因此,必须设立一套特殊的机构来处理民众的利益。
This is as far as the administration as a whole is concerned. As for the details of the administration, they are taken from the nature of the administration itself. By examining its nature we find that some actions are performed by the Khaleefah himself or by his assistants, whether these were ruling, such as execution of the Shar’a, or the matters of administration or discharging the people’s subsidiary interests which require styles and means. This is why a special structure is needed by the Khaleefah to manage the affairs that help Him carry out the duties of Khilafah. The people also have interests that need to be addressed and which are related to the subjects. These interests also require styles and means in order to perform them. Therefore a special structure has to be set up in order to discharge the people’s interests.
该体系由管理局、部门和局(司)组成。管理局是任何政府机构的整体管理机构,例如教育、卫生、农业、工业等机构。该管理局负责管理自身事务以及其所辖的所有部门和局(司)。部门负责管理自身事务以及其所辖局(司)的事务。局(司)同样负责管理自身事务以及其所辖的所有科室和处的事务。
This structure consists of administrations, departments and directorates. The administration is the overall management of any government office, such as education, health, agriculture, industry and others. This administration would undertake the management of its own affairs and all the departments and directorates under its control. The department would run its own affairs and those of the directorates under its control. The directorate would also run its own affairs and the affairs of all the sections and divisions under its control.
设立这些行政机构、部门和局室的目的,是管理国家事务,维护人民的利益。
The purpose of establishing these administrations, departments and directorates is to manage the State’s affairs and to discharge the people’s interests.
为了确保这些行政机构、部门和局的顺利运转,必须任命负责人来主管它们。每个行政机构都任命一名总局长,由其直接负责该机构,并监督隶属于它的所有部门和局。每个部门和每个局都任命一名经理,由其直接负责本部门或本局,并对隶属于它的各科和各处负责。
In order to guarantee the smooth running of these administrations, departments and directorates, directors must be appointed to take charge of them. For each administration, a general director would be appointed to take direct charge of it and to supervise all the departments and directorates that come under it. For each department and for each directorate a manager is appointed to be directly in charge of his department or directorate and to be responsible for the sections and divisions affiliated to it.
这段文字描述的是行政管理的性质,即所谓的国家行政事务。它构成了面向所有臣民以及生活在国家权威之下的人的总体结构,这一结构被称为“迪万”(diwan)。在先知穆罕默德ﷺ时代,行政事务或“迪万”的管理并没有特定的组织形式。相反,先知ﷺ会为每一项行政事务委任一名书记,由其担任负责人、书记员,并承担所有相关工作。
This describes the nature of the management of the administration, or what is called the State’s administrations. It represents a general structure for all the subjects and for those who live under the authority of the State, and it has been called the diwan. The management of the administrations or diwan was not organised in a specific way at the time of the Messenger of Allah (pbuh). He (pbuh) rather used to appoint for each administration a secretary who would act as the director, the secretary and undertakes all the related actions.
"Umar 本·阿尔-海塔卜是伊斯兰历史上首位设立迪万(diwan)制度的人。其起因是,他曾派遣一支远征军,当时在场的Al-Harmazan对'Umar说:“这是一次您下令向其中的人发放经费的远征,但如果其中有人留在后方,您的同伴怎么会知道他呢?您为何不为此保存一份记录(名册——迪万)呢?”于是'Umar向Al-Harmazan询问迪万的情况,他便为其作了解释。Abid 本·Yahya转述自Al-Harith 本·Nufayl的权威,称'Umar就记录迪万一事征询穆斯林的意见,阿里·本·阿比·塔利布建议说:“每年将征收的所有经费全部分配出去,不要留存任何一部分。”'Uthman 本·'Affan说:“我看到经费数量很多,足够所有人使用;如果不加以统计,以便知道谁领取了、谁没有领取,我担心事情会失控。”此时,Al-Waleed 本·Hisham 本·Al-Mughira说:“我曾到过沙姆(Ash-Sham),我注意到当地的君主设立了迪万并招募士兵,那您为何不也这样做呢?”'Umar采纳了他的建议,召见了'Aqeel 本·阿比·塔利布、Makhrama 本·Nufayl和Jubayr 本·Mat'am,他们都是古莱氏的谱系学家,并对他们说:“准备好逐户普查的工作。” 伊斯兰传到伊拉克时,发放经费与征收税款的迪万仍照旧运作。沙姆的迪万使用拉丁文,因为该地曾属罗马帝国;伊拉克的迪万使用波斯文,因为该地曾属波斯帝国。到'Abdul Malik 本·Marwan时期,即公元81年(伊历),沙姆的迪万改用阿拉伯文。此后,根据需要和管理民众事务的实际需求,又设立了若干迪万:为武装力量设立了用于登记和发放钱粮的迪万,另有一些迪万用于记录一切交易的费用和债权。 另设立了一个“迪万”(diwan,登记簿)部门,用于记录每一次的任命与罢免,供各地的‘Aamilīn(官员)和Wulāh(总督)使用;此外,国库(Bait ul-Mal)中还设有其他的迪万,用来记录收入与支出等事项。设立迪万的做法,是依据实际需要而定的,其书写形式则随着年代的推移,因风格与条件的不同而有所变化。
‘Umar Ibnu Al-Khattab was the first in the history of Islam to introduce the diwan. The cause for this was that He once dispatched an army expedition and Al-Harmazan, who was present at the time, said to ‘Umar; “This is an expedition in which you ordered funds to be distributed amongst its people, but if anyone of them stayed behind, how would your companions know about him? Why don’t you keep a record (register - diwan) for this?” So ‘Umar asked Al-Harmazan about the diwan and He explained it to him. Abid Ibnu Yahya reported on the authority of Al-Harith Ibnu Nufayl that ‘Umar consulted the Muslims about the recording of the Dawawin, and Ali Ibnu Abi Talib suggested; “Divide all the funds you collect each year and do not keep any of them.” ‘Uthman Ibnu ‘Affan said; “I see that there are a lot of funds enough for all the people, and if they are not counted in order to know who has taken and who has not, I fear that the matter could get out of hand.” Upon this Al-Waleed Ibnu Hisham Ibnul-Mughira said; “I was in Ash- Sham and I noticed that its kings had introduced a diwan and recruited soldiers, so why don’t you do the same?’ “‘Umar took his advice and summoned ‘Aqeel Ibnu Abi Talib and Makhrama Ibnu Nufayl and Jubayr Ibnu Mat’am who were the genealogists of Qur’aysh and said; “Prepare a house to house census.” When Islam reached Iraq, the diwan of payments and funds collection continued as before. The diwan of Ash-Sham was in Latin for it had been part of the Roman Empire, and the diwan of Iraq was in Persian for it had been part of the Persian Empire. In the time of ‘Abdul Malik Ibnu Marwan the diwan of Ash-Sham was transferred to Arabic, ie. in the year 81 AH. Several dawawin were then set up according to necessity and depending on the need for them in running the people’s interests. dawawin for the armed forces were introduced for registration and grant purposes, and others were introduced to record the fees and claims of all transactions. Another diwan was introduced for the ‘Aamileen and Wulah to record each appointment and each removal and other dawawin were used in the treasury (Bait ul-Mal) to record revenues and expenses and so on. The introduction of a diwan was according to the need for it, and its style varied over the years due to the difference in styles and means.
每个diwan都会任命一名主管以及其他工作人员,在某些情况下,主管被允许自行任命工作人员。而在另一些情况下,工作人员并非由他任命,而是被委派给他。
A chief was appointed for each diwan along with other employees, and in some cases the chief was allowed to appoint the employees himself. In some other cases employees were appointed to Him not by him.
因此,diwan(政务机构)会依据需要而设立,并配有能够满足该需要的形式与手段。根据时代、地区或国家的不同,采用不同的形式与手段是被允许的。
A diwan would thus be set up according to need, along with the styles and means that would help discharging that need. It is permitted to have different styles and means according to the era, or Wilayah or country.
关于这些公务员的责任,他们既是受雇的员工,同时也是公民。在职业层面,他们须对其所在部门的主管负责;作为公民,他们则须对统治者负责,无论统治者是Wulah(wulah)、其助手,还是哈里发(Khaleefah)。他们必须遵守伊斯兰教法(Shari’ah)的规定以及行政制度。
With regards to the responsibility of such civil servants, they are hired employees and at the same time citizens. At a professional level they are answerable to their own directorate manager, and as citizens they are answerable to the rulers whether these are Wulah, the assistants or Khaleefah. They have to abide by the Shari’ah rules and the administrative systems.