13.6 乌玛议会的强制性权力
13.6 The mandatory powers of the Council of the Ummah
乌玛理事会拥有强制性权力,具体如下:
The Council of the Ummah has mandatory powers and they are:
哈里发必须与议会协商,议会有权就那些无需深入研究和审查的实际事务和行动向他提出建议,例如治理、教育、卫生、经济、贸易、工业、农业等类似事务。议会在这些事务上的意见具有约束力。
The Khaleefah has to consult the Council and the Council has the right to advise Him in the practical matters and actions that do not require investigation and scrutiny such as the matters of ruling, education, health, economy, trading, industry, farming and the like. The opinion of the Council in these matters is binding.
在需要研究和审察的理智事务中,包括技术事务、财务事务,以及军队事务和对外政策,哈里发有权提请议会协商并听取其意见。然而,议会的意见并无约束力。
In the intellectual matters that require investigation and scrutiny, the technical and the financial matters together with the affairs of the armed forces and foreign policy, the Khaleefah has the right to refer to the Council for consultation and acquainting of its opinion. However the opinion of the Council is not binding.
哈里发有权将其希望采纳的法律和规则提交给议会。议会中的穆斯林成员有权就这些规则进行辩论,并表达他们的意见。然而,他们的意见不具有约束力。
The Khaleefah has the right to refer to the Council the laws and rules which He wants to adopt. The Muslim members of the Council have the right to debate them and voice their opinions regarding those rules. However, their opinion is not binding.
伊斯兰民族议会保留就国家内实际发生的一切事务追究统治者责任的权利,无论这些事务涉及内政、外交、财政还是军事。若在此类事务上多数人的意见具有约束力,则议会的意见具有约束力;若在此类事务上多数人的意见不具有约束力,则议会的意见不具有约束力。
The Council of the Ummah reserves the right to hold the rulers accountable on all matters that take place effectively within the State, whether these are related to domestic affairs, foreign affairs, financial affairs or military matters. The opinion of the Council is binding if the majority’s opinion in such matters is binding, and it is not binding if the majority’s opinion in such matters is not binding.
如果议会与哈里发对某项已经执行的行为是否合法存在分歧,则应将此事提交至申冤法院(Mazaalim)以裁定争议,其裁决具有约束力。
If the Council and the Khaleefah differed about the legitimacy of an action that had been already executed, the matter should be referred to the court of Mazaalim to settle the question. Its verdict on the matter is binding.
乌玛议会保留对 Wulah(统治者)或 ‘Aamileen(官员)表示不满的权利。在此情况下,其意见具有约束力,哈里发应立即将其罢免。
The Council of the Ummah reserves the right to express discontent towards the Wulah or the ‘Aamileen. Its opinion in such case would be binding and the Khaleefah should dismiss them at once.
穆斯林议会成员有权限制哈里发候选人的提名。他们在此类事务上的意见具有约束力,因此,议会所提名之外的候选人不应予以考虑。
The Muslim members of the Council have the right to restrict the nomination of candidates for the Khilafah. Their opinion in such a matter is binding, and candidates other than those put forward by the Council should accordingly not be considered.
这些是乌玛议会的法定权力。
These are the mandatory powers of the Council of the Ummah.
第一条分为两部分。(a)部分的证据来自安拉(SWT)的话:"你要与他们商议事务。"[TMQ 阿里·伊姆兰:159] 以及祂(SWT)的话:"他们的事务以协商的方式在他们之间进行。" [TMQ Ash-Shura: 38]
The first article is divided into two sections. The evidence for section (a) is derived from Allah’s (swt) saying; “And do consult them in the matter;” [TMQ Al-Imran: 159] And His (swt) saying; “And their matter is in consultation between them.” [TMQ Ash-Shura: 38]
因此,真主(SWT)使协商(Shura)适用于每一件事务,因为祂(SWT)说:“在事务中”[《古兰经》阿勒·伊姆兰章:159]。其中的术语“Al-Amr”(事务)是一个通称名词,由定冠词“Al”(the)限定。祂(SWT)又说:“他们的事务” [TMQ Ash-Shura: 38]
So He (swt) made the Shura general in every matter, for He (swt) says; “In the matter,” [TMQ Al-Imran: 159] Where the term Al-Amr (the matter) it is a generic noun and defined by ‘Al’ (the). He (swt) says; “And their matter” [TMQ Ash-Shura: 38]
当 Amruhum(他们的事务)这一术语是通名,并由所有格限定,且两者都是 ‘Aam(普遍的),因此它们涵盖一切。然而,这一 ‘Aamm(普遍性)的术语已被限定于 Ahkam Shar’iah(伊斯兰法律规定)之外的事务。这是因为天启的律例来自安拉(SWT),对于启示所降示的事项,人们的意见没有置喙的余地。因为唯有安拉(SWT)是命令者和立法者。
Where the term Amruhum (their matter) is generic noun and defined by genetive and both terms are ‘Aam (general) so they include everything. However, this ‘Aamm term has been specified in matters other than the Ahkam Shar’iah. This is because the divine rules are revelation from Allah (swt) and there is no scope for the people’s opinion regarding matters brought down by revelation. For Allah (swt) alone is the Commander and the Legislator.
关于社群议会在实际行动和事务中的意见具有约束力的证据——即那些不需要审查和考察的事务——其依据是:在吴侯德战役中,先知穆罕默德ﷺ接受了多数人的意见,出城迎战多神教徒的军队,尽管他ﷺ本人以及资深圣门弟子的意见是留在麦地那,不出城迎战。此外,还有他ﷺ对艾布·伯克尔和欧麦尔所说的话:"你们两人已经达成了协商的共识,我不会与你们相违。"至于(b)项的证据,则是先知穆罕默德ﷺ为白德尔战役选定地点的决定,这一决定是根据哈巴卜·本·蒙齐尔的建议作出的,他ﷺ并未就此事与同伴们协商以征求意见,更不必说以该建议为依归。因此,学术和技术性事务,以及财政、军事和外交事务,应交由专家和专业人士的意见决定,而不应赋予民众意见任何权重,无论其为少数还是多数。
As for the evidence that the opinion of the council of the Ummah in the practical actions and matters, which do not require scrutiny and investigation is binding, this is derived from the acceptance of Rasool Allah (pbuh) of the opinion of the majority to go outside Madinah to confront the army of the Mushrikeen in the battle of Uhud. This is despite that his (pbuh) opinion and that of the senior Sahabah was to remain in Madinah and not to go out. It is also taken from his (pbuh) saying to Abu Bakr and ‘Umar “You (both) agreed on a Mashura, I would not disagree with you.” As for the evidence for section (b), this is the choice made by the Messenger of Allah (pbuh) for the location of the Battle of Badr, based on the proposal of Al-Habab bin Al-Munthir, without consulting his companions over the matter to seek their opinion, let alone committing himself with that proposal. Thus the intellectual and the technical matters together with the finance, army and foreign affairs are referred to the opinions of the experts and the professionals without giving any weight to the opinion of the people whether they were minority or majority.
这一事实——协商(Shura)涉及的是允许(Mubah)的事务——是它属于推荐(Mandoob)的一个迹象(Qareenah)。的确,先知ﷺ常常就许多事务、在许多场合向尊贵的圣门弟子征询意见,请他们表达看法。 艾哈迈德从艾奈斯传述:“先知ﷺ在听到艾布·苏福扬到来的消息时,征询了(众人的意见)。” 艾哈迈德从艾奈斯传述,他说:“先知ﷺ前往白德尔时进行了协商。艾布·伯克尔向他表达了意见。然后他征询欧麦尔,欧麦尔也向他表达了意见。随后他又征询他们,于是安萨尔中的一些人说:‘真主的先知想让你们发言,安萨尔的人们啊。’安萨尔中的一些人说:‘真主的先知啊,您在征询我们吗?我们不会像以色列的子孙对穆萨(阿拉伊赫·色俩姆)所说的那样:“你和你的主去打仗吧,我们留在家里。”而是以那位以真理差遣您的主发誓,即使您带我们去巴尔克·安-吉马德,我们也会跟随您。’” 关于白德尔的俘虏,艾哈迈德转述欧麦尔的传述:“……先知ﷺ征询了艾布·伯克尔、欧麦尔和阿里……” 伊本·伊斯哈格从祖海里传述,他说:“当民众的困难加剧时,先知ﷺ派人去见两位古太凡部落的首领——欧亚奈·本·胡斯尼和哈里斯·本·奥夫·穆里。他(提议)把麦地那农产品的三分之一给他们,条件是他们带着自己的族人返回,放弃(与)他和他的同伴作战。双方达成了协议,甚至写在了一份文书中,但没有请见证人,也没有做出缔结和约的决定,只是就此进行了协商。当先知ﷺ想要敲定此事时,他派人去见萨阿德·本·穆阿兹和萨阿德·本·欧巴德。他向他们说明了此事,并征询他们的意见……” 此外,安拉的使者ﷺ在乌侯德战役中就留在麦地那还是出城迎战之事征询了众门徒的意见,这也是他征询意见的众多事例之一。同样,艾卜·伯克尔也会召集穆哈吉鲁和安萨尔的领袖及其学者,向他们征询意见。他就与迦塔德之事、不肯缴纳天课者之事、以及进攻罗马人等问题进行磋商,此外还有其他事务。欧麦尔以及在他之后的哈里发们,也都会征询众人的意见和看法。
The fact that the Shura is over the Mubah things is a Qareenah (indication) that it is Mandoob (recommended). Indeed the Messenger of Allah (pbuh) used to refer to the honourable Sahabah over many matters and on many occasions to consult them and seek their opinion. Ahmad has reported from Anas that; “ The Messenger of Allah (pbuh) consulted (people) when He heard the news of the advent of Abu Sufyan.” Ahmad narrated from Anas, who said; “The Messenger of Allah (pbuh) consulted when He went to Badr. Abu Bakr expressed his opinion to him. Then He consulted ‘Umar who expressed to Him his opinion. Then He consulted them, so some of the Ansar said; ‘The Prophet of Allah wants you to speak O folk of Al-Ansar.’ Some of the Ansar said; ‘Do you consult us O Prophet of Allah? We do not say as the children of Israel said to Musa (as); ‘You and your Lord go and fight, but we will stay at home’, but, by He who sent you with the Truth, if you were to take us to Bark al- Ghimaad, we would follow you.’” Regarding the captives of Badr, Ahmad reported on the authority of ‘Umar “...the Messenger of Allah (pbuh) consulted Abu Bakr, ‘Umar, and Ali...” Ibnu Ishaq reported from Az-Zuhri, who said; “When hardship increased on the people, the Messenger of Allah (pbuh) sent to Uyayna bin Husn and Al-Harith bin Awf Al-Murri, the two leaders of Ghatafan, and He (proposed to) give them the third of the Madinah produce on condition that they return together with their folk, leaving (the fight against) Him and his companions. Agreement was reached between them to the point that they wrote that in a letter, without calling the witnesses and without the decision of concluding the peace except the negotiation over that. When the Messenger of Allah (pbuh) wanted to conclude that He sent to Sa’d bin Mu’az and Sa’d bin Ubadah. He mentioned the matter to them and consulted them...” Also, the Messenger of Allah (pbuh) consulted his companions in the Battle of Uhud, whether to leave Madinah or stay in it. This is in addition to other consultations. Likewise Abu Bakr used to refer to the leaders of Al-Muhajireen and Al-Ansar and to their scholars to consult them. He consulted them over the issue of fighting against the apostates, those who refused to pay the Zakat and in the matter of invading the Romans besides other matters. ‘Umar and the Khulafaa’ after him, also used to refer to the people for their consultation and opinion.
有些人会根据自己的主动意见,就某些事务向哈里发提出建议。阿布·伯克尔成为哈里发后,想要派遣乌萨马率军出征,而当时大多数阿拉伯人已经背离伊斯兰教,此时就发生了这样的事。欧麦尔、奥斯曼、阿布·欧拜代、萨阿德·本·阿比·瓦卡斯和赛义德·本·宰德都来找他,劝他不要派遣乌萨马,但他拒绝了他们的请求。这些事件发生在众圣门弟子面前,而它们是由安拉的使者ﷺ以及此后遵循正道的哈里发们所实行的。这表明协商(舒拉),即咨询众人并征求他们的意见,是可取的(曼杜卜)。因此,哈里发应当回到乌玛的议会,就各类事务和行动进行协商并征求其意见,这是可取的。
People sometimes used opinions based on their own initiative, to advise the Khaleefah over some matters. This happened with Abu Bakr after He became Khaleefah and wanted to dispatch Usama with his army, when most of the Arabs apostasised from Islam. ‘Umar, ‘Uthman, Abu ‘Ubaydah, Sa’d bin Abi Waqqas and Sai’d bin Zaid called on Him to advise Him not to send Usama, but He rejected their request. These incidents practiced by the Messenger of Allah (pbuh) and the guided Khulafaa’ after Him occurred in front of the Sahabah. They indicate that Shura and referring to the people to consult them and seeking their opinion is Mandoobin Thereupon, it is Mandoob for the Khaleefah to return to the Council of the Ummah to consult it and seek its opinion over the various matters and actions.
当哈里发提请乌玛议会就实际事务与行动征询其意见时,他必须遵从多数人的意见。这是基于先知(愿真主赐福并使他平安)在乌侯德战役中遵从多数人意见的做法,尽管他本人和圣门弟子的意见与多数人不同,他仍放弃了自己和圣门弟子的意见,而遵从了多数人的意见。这表明,在这类不需要研究与审议的事件中,应采纳穆斯林多数人的意见。这一点也取自先知(愿真主赐福并使他平安)对艾卜·伯克尔和欧麦尔所说的话,正如艾哈迈德从伊本·噶南·阿什阿里圣训中所传述的:"如果你们在一次协商(Mashura)中一致同意,我便不会与你们相左。"这段圣训中的"Mashura"本身即是协商(Shura),它涵盖任何实际事务或行动中的协商。
When the Khaleefah refers to the Council of the Ummah to seek its opinion over the practical matters and the actions, He must commit himself to the opinion of the majority. This is based on the compliance of the Messenger of Allah (pbuh) with the opinion of the majority in the Battle of Uhud, though his opinion and that of the Sahabah was different to that of the majority. He gave up his opinion and that of the Sahabah and complied with the opinion of the majority. This indicates that in such an incident, which is the type of action that does not need study and scrutiny, the opinion of the majority of Muslims is adopted. It is also taken from the saying of the Messenger of Allah (pbuh) to Abu Bakr and ‘Umar as narrated by Ahmad from Ibnu Ghanam al-Asha’ri “Had you agreed together in a Mashura I would not disagree with you.” The Mashura in this Hadith is itself Shura, which covers consultation in any practical matter or an action.
关于第一部分的(a)项。至于(b)项,如果哈里发为本部分的事务咨询议会的意见,议会的意见并无约束力。原则上,哈里发在本部分的事务上采纳学者、专家和专业人士的意见,正如先知ﷺ采纳阿尔-哈巴卜·本·蒙齐尔的意见来选定白德尔之战的地点一样。伊本·希沙姆的《先知传》中记载道:
This is with regard to the part (a) from the first section. As for part (b) if the Khaleefah refers to the Council to seek its opinion in the matters of this part, the opinion of the council is not binding. Originally, the Khaleefah takes the opinion of the scholars, experts and professionals in the matters of this part as it occurred with the Messenger of Allah (pbuh) when He adopted the opinion of Al-Habab bin Al-Munthir regarding the selection of the place of the Battle of Badr. It was narrated in the Seerah of Ibnu Hisham that,
当他ﷺ在Badr的水源近侧扎营时,Al-Habab bin Al-Munthir对这个地点不满意。他对信使ﷺ说:“真主的使者啊!是真主让你在这个我们无法离开的地方扎营,还是这是你的意见、战争谋略?”他ﷺ说:“这只是我的意见和战争谋略。”Al-Habab bin Al-Munthir说:“真主的使者啊,这不是(正确的)地方。请带领众人前进,直到我们来到靠近敌人那一侧的水源旁,在那里扎营,然后放干另一侧的水,在其上修建一个蓄水池,并将其注满水。然后我们与敌人作战,我们能喝水,而他们不能。”真主的使者ﷺ说:“你的意见是正确的。”于是真主的使者ﷺ和穆斯林们站起来,走到靠近敌人的水源一侧并在那里扎营。然后他ﷺ下令放干水源,这一命令被执行了。他ﷺ在被放干的水井上方修建了一个蓄水池,并将其注满水,他们把自己的水壶投入其中。于是真主的使者ﷺ同意了Al-Habab的意见,并采纳了它。
“When He (pbuh) camped at the near side of the water of Badr, Al- Habab bin Al-Munthir was not happy with this place. He said to the Messenger (pbuh); ‘O Messenger of Allah! Did Allah make you camp in this place where we can’t depart from it, or is it the opinion, war and strategy?’ He (pbuh) said; ‘It is rather the opinion, war and strategy.’ Al-Habab bin Al-Munthir said; ‘O Messenger of Allah, this is not the (right) place. Move the people till we come to the side of the water near to the people (enemy), we camp there, then we seep away the water from the other part, we build a basin on top of it, we fill it with water. Then we fight against the people where we drink and they do not.’ The Messenger of Allah (pbuh) said; ‘You gave the (right) opinion.’ So the Messenger of Allah (pbuh) and the Muslims stood up and walked till they reached the near side of the water from the enemy and camped there. Then He (pbuh) ordered that the water be seeped away which was done. He built a basin on top of the seeped wells, where it it was filled with water and they threw in their (water) pots.” So the Messenger of Allah (pbuh) agreed with the opinion of al-Habab and followed it.
在这件事上,关于意见、战争和谋略的事务,民众的看法在做决定时并无分量,所看重的乃是专家的见解。与此类似的还有技术性事务,以及需要研究和审视的思想,以及定义之类的问题。在所有这些事务中,应当求教于专家和行家,而不是普通民众的意见。对于这类事情,多数人的意见并无分量,而是以那些有学识、有经验、有专长者的意见为准。
In this incident, which has to do with the opinion, war and strategy, the views of the people have no weight in taking the decision. Rather the view of the expert is what is considered. Similar to this are the technical matters and the thoughts that require study and scrutiny, together with the definitions. In all of such matters, reference is made to the experts and professionals and not to the ordinary peoples’ opinion. There is no weight to the majority for such matters, but rather to those with knowledge, experience and specialisation.
这同样适用于财政事务,因为沙里亚已经规定了必须征收的财产种类,以及这些财产应当用于哪些方面。沙里亚也规定了征税的情形,因此在征收和分配财政时,征求民众的意见毫无意义。军队事务也是如此:沙里亚将管理军队事务的权利交给了哈里发,并规定了圣战的规则。对于沙里亚已经决定的事项,民众的意见不具有效力。国家与其他国家的关系同样如此,因为这属于需要深入研究和透彻见解的思想范畴,并且与圣战相关。此外,它也属于见解、战争和策略的范畴。因此,无论民众意见是多数还是少数,在这一问题上征求民众的意见都毫无意义。然而,哈里发可以将这些事项提交给乌玛议会,以征求其协商与意见,因为这样的提交属于允许(Mubah)的范畴,而且议会在这些事务上的意见并不具有约束力,正如巴德尔战役的事例所示。
This also applies to the financial matters, because the Shar’a has determined the types of funds which must be collected, and the areas over which they need to be spent. The Shar’a has also determined the cases in which taxes are imposed, therefore there is no point in seeking the opinion of the people in the collection and allocation of the funds. Similar to this is the army, the Shari’ah has left to the Khaleefah the right of managing the army’s affairs, and it determined the rules of Jihad. There is no validity in the opinion of the people over matters decided by the Shar’a. This also applies to the relationship of the State with other States, because this is of the thought that requires study and deep insight and is related to Jihad. Furthermore, it is a part of the opinion, war and strategy. Therefore, there is no point in the opinion of the people in this matter whether it is the majority or minority. However, the Khaleefah is allowed to present these matters to the Council of the Ummah for its consultation and opinion, because such presentation is of the Mubah, and the opinion of the Council in these matters is not binding as in the incident of Badr.
关于第二部分,虽然哈里发欲采纳的律法与条例属于他的职责范围,而议会对这些事务的意见并不具有约束力,但哈里发有权向乌玛议会咨询,以探求民众对其欲采纳的神圣律法与条例的看法。这与欧麦尔·本·赫塔卜(愿主喜悦他)的做法相似:他就神圣律法的问题征询穆斯林的意见,而圣门弟子们并未对此提出异议,例如伊拉克被征服之地的事件中,穆斯林请求他将这些土地在攻取之人中分配,于是欧麦尔向众人征询意见,最终他的决定是让土地仍归原主所有,但条件是他们要缴纳一定数额的哈拉只税,并另外为自己的人身缴纳吉兹亚。欧麦尔以及在他之前的艾布·伯克尔就神圣律法的问题征询圣门弟子的意见,而圣门弟子对此并无异议,这表明他们达成了伊制玛尔(共识)。这证明,当哈里发在安拉的经典和使者的逊奈中找不到相关经文,或者觉得经文难以理解,或者想要采纳某项律法时,他有权向穆斯林征询意见。无论在上述哪种情况下,这些意见对哈里发都不具有约束力。
With regard to the second section, although what the Khaleefah wants to adopt of rules and Canons is of his duties, and the opinion of the council regarding these matters is not binding, the Khaleefah has the right to refer to the Council of the Ummah to ascertain their opinion over the divine rules and canons which He wants to adopt. This is similar to what ‘Umar bin Al-Khattab (rta) did when He referred to the Muslims over the divine rules, which the Sahabah did not object to, as in the incident of the conquered lands of Iraq, when the Muslims asked Him to divide the lands amongst the fighters who opened them. Hence ‘Umar asked the people, but his opinion settled on keeping the land with its landlords on condition that they pay a known Kharaj over it in addition to paying the jizyah over their persons. The reference of ‘Umar and Abu Bakr before Him to the Sahabah for their opinion over the divine rules without an objection from the Sahabah to this, indicates their Ijmaa’ (consensus). This is evidence that the Khaleefah has the right to refer to the Muslims to seek their opinion over the divine rules when He does not find texts about them in the Kitab of Allah and the Sunnah of His Messenger, or He finds them difficult to understand or when He wants to adopt them. Their opinion in all of these matters is not binding to the Khaleefah.
非穆斯林成员在议会中,并无权因其不信伊斯兰教而去审查哈里发所欲采纳的律法与条例。他们的权利在于就统治者对他们的不公提出意见,而非对神圣的律法与条例发表看法。
The non-Muslim members of the Council do not have the right to look into what the Khaleefah wants to adopt of rules and canons because of their disbelief in Islam. Their right is in voicing their opinion of the injustice of the rulers towards them, and not in expressing of their opinion over the divine rules and canons.
关于第三部分,其依据是那些涉及追究统治者责任的经文的普遍含义。艾哈迈德从伊本·欧麦尔处传述,他说:安拉的使者ﷺ说:“将来会有一些统治者管理你们,他们命令你们做的,自己却不做。谁相信他们的谎言,帮助他们行不义,他就不属于我,我也不属于他,他也不能在水池(Hawdh)边与我相会。”艾哈迈德从艾卜·赛义德·胡德利处传述,他说:安拉的使者ﷺ说:“……最好的圣战,是在暴虐的统治者面前说一句真理的话。”哈基姆从哲伯尔处传述,先知ﷺ说:“殉道者的领袖是哈姆扎·本·阿卜杜勒-穆塔利ब,以及一个站出来面对暴虐统治者、命令他行善、禁止他作恶,因而被统治者杀害的人。”穆斯林从奥夫·本·马利克·阿什嘉仪处传述,安拉的使者ﷺ说:“你们要当心!谁的上面有一位瓦利(统治者),他看见瓦利犯了某种罪过(违抗安拉),他应当憎恶那罪过,但不可把自己的手从服从中收回。”穆斯林从乌姆·赛莱迈处传述,安拉的使者ﷺ说:“将来会有一些埃米尔被任命来管理你们,你们认可他们的某些所为,否认他们的某些所为。认可者便无过错;反对者便得安全;但是那些同意并追随他们的人,则会遭到毁灭。”这些经文在措辞上是普遍的,表明追究责任适用于任何行为。当圣门弟子在侯代白和约一事上反对使者ﷺ,并激烈地与他争论时,他ﷺ并没有因为他们的分歧而责备他们。他ﷺ反而驳回了他们的意见,缔结了和约,因为他所做的乃是安拉启示的指令,在此类事务上,人们的意见并无分量。 他(愿主赐其平安)因为他们没有服从他的命令而责备他们,当他要求他们宰杀献祭的牲畜(Al-Hadi)、剃头并解除伊赫拉姆状态时,他们却不遵从。在白德尔战役中,当哈巴卜·本·蒙齐尔提出异议,反对使者(愿主赐其平安)所选定的扎营地点时,使者(愿主赐其平安)也没有责备他,反而采纳了他的意见。议会对哈里发及其他助手、总督和官员的问责,针对的是已经实际执行的行为,无论该行为是否违背真主的律法,是否错误或对穆斯林有害,是否不公正,或是否在处理民众事务上玩忽职守。哈里发必须回应这种问责和异议,阐明他关于自己所说的话、所做的行为和所承担的职责的观点与证据,使议会确信他履职良好、真诚且诚实。如果议会不接受哈里发的观点,并驳回其论证,则此事必须加以审查。如果此事属于多数意见具有约束力的问题,那么议会的意见即具有约束力;否则便不具约束力。
With regard to the third section, its evidence is the general meaning of the texts related to bringing the rulers to task. Ahmad narrated from Ibnu ‘Umar, who said the Messenger of Allah (pbuh) said; “There will be ‘Umara over you who order you of things they do not do. Whoever believed them in their lies and helped them in their injustice He would not belong to me nor I belong to him, and He will not join me on the Hawdh (basin).” Ahmad narrated from Abu Said al-Khudri, who said; “The Messenger of Allah (pbuh) said; “...the best of Jihad is (to say) a word of truth before an oppressor ruler.” Al-Haakim narrated from Jaber from the Prophet (pbuh) who said; “The master of martyrs is Hamza bin ‘Abdul-Muttalib and a man who stood to an oppressor ruler where He ordered Him and forbade Him so He (the ruler) killed him.” Muslim narrated on the authority of Awf bin Malik al-Ashja’i that the Messenger of Allah (pbuh) said; “Beware! Whoever gets a Waali over Him and He saw Him (the Waali) commit some sin (disobedience to Allah), He has to hate that sin but must not withdraw his hand from obedience.” Muslim narrated from Umm Salamah that the Messenger of Allah (pbuh) said; “There will be Ameers Appointed over you, you recognise some of what they do and deny some. Whoever recognised He is absolved from blame. Whoever disapproved (of their bad deeds) He is safe. But whoever consented and followed them (he is doomed).” These texts are general in their wording and indicate that accounting is over any action. When the Sahabah opposed the Messenger (pbuh) over the Hudaibiyah treaty contract, and they strongly contested with him, He (pbuh) did not rebuke them for their disagreement. He (pbuh) rather rejected their opinion and concluded the peace contract, because what He did was revelation from Allah (swt) and there is no weight for the people’s opinion in such matters. He (pbuh) rebuked them because they did not obey his order when He asked them to slaughter the sacrificed animals (Al-Hadi) and shave their heads and break their Ihram. The Messenger (pbuh) did not also rebuke al-Habab bin Al-Munthir in Badr when He objected to the place of camping chosen by the Messenger (pbuh), rather He (pbuh) followed his opinion. This accounting by the Council to the Khaleefah and other assistants, governors and ‘A’mils would be over an action which has been actually executed whether this action disagreed with the divine rule, was wrong or harmful to Muslims, or was unjust or complacent toward the citizens in looking after their affairs. The Khaleefah must respond to this accounting and the objections by showing his view and evidence regarding the words, actions and tasks He undertook so that the Council can be assured of the good performance, the sincerity and honesty of the Khaleefah. If however the Council does not accept the view of the Khaleefah and rejects his argument, this must be examined. If this matter was of the issues over which the majority opinion is binding then the opinion of the Council is binding, otherwise it would not be.
不应当这样提问:"如果哈里发并不必须依据这种问责行事,那么问责哈里发还有什么价值?"这是因为,问责是一项必须履行的伊斯兰法规,属于集体义务(فرض كفاية)。此外,问责的性质在于揭示民意、澄清民意;它还能警示并唤醒公众舆论。公众舆论比军队更有力量,各地的统治者都畏惧它。因此,问责具有极大的价值。
It is not correct to ask; “What is the value of accounting the Khaleefah when He is not obliged to act according to this accounting?” This is because accounting is a divine rule that has to be performed, and it is a duty of sufficiency. Furthermore the nature of accounting is that it reveals information about the opinion, and clarifies it. It also warns the public opinion and arouses it, for the public opinion is more powerful than the armies, and the rulers everywhere fear it. Therefore, accounting is of great value.
如果负责核算者与统治者在某一事项上存在法律层面的分歧,则应依据议会的请求,将该事项提交不公正行为法庭(Al-Mazaalim)处理,其依据是真主(SWT)所说:{信道的人们啊!你们当服从真主,服从使者,和你们中的掌权者。如果你们在某件事上有争执,就应当把它交还真主和使者。} [TMQ An-Nisa’a: 59]
If those who account differed with the rulers over any matter from the legal point of view, the matter is referred to the court of unjust acts (Al- Mazaalim) by a request from the Council, due to what Allah (swt) says; “O you who believe obey Allah and obey the Messenger and those in authority from amongst you. If you disputed over a matter refer it to Allah and the Messenger.” [TMQ An-Nisa’a: 59]
这意味着,如果穆斯林与掌权者就某件事发生争议,他们应当将其交还真主和使者,也就是依据沙里亚来裁决。这意味着要交由司法机关处理,也就是交由不公正行为的法庭,其裁决具有约束力。
This means that if the Muslims dispute with the people of authority over a matter, they should refer it to Allah and to the Messenger, that is to arbitrate with the Shar’a. This means to refer to Judiciary, that is to the court of unjust acts and its opinion is binding.
关于第四节,其证据是:安拉的使者ﷺ罢免了其在巴林的总督阿拉·本·哈德拉米,因为阿卜杜勒·盖斯部族的使者向使者ﷺ投诉了他。伊本·萨阿德以穆罕默德·本·欧麦尔的传述为据,记载道:
With regards to the fourth section, its evidence is that the Messenger of Allah (pbuh) removed al-’Ala’a bin Al-Hadhrami, his ‘Aamil over Bahrain, because the delegate of ‘Abd Qais complained about Him to the Messenger (pbuh). Ibnu Sa’d narrated on the authority of Muhammad bin ‘Umar:
“先知(ﷺ)曾写信给阿拉·本·哈德拉米,要他带着阿卜杜勒·盖斯部落的二十人前来见他。他带着二十人前来,由阿卜杜拉·本·奥夫·阿什哈吉带领,并在他之后任命蒙齐尔·本·萨瓦为继任者。代表团向先知(ﷺ)控诉阿拉·哈德拉米,于是先知(ﷺ)将他免职,任命伊班·本·赛义德·本·阿斯,并对他说:‘要照顾阿卜杜勒·盖斯部落,尊重他们的首领。’”另外,欧麦尔·本·哈塔卜仅因民众对萨阿德·本·阿比·瓦卡斯的控诉,便将其从总督之职上免除,他说:“我不是因为他有缺陷或背叛而将他免职。”这表明,地方民众有权对其总督和长官表达愤怒与不满,哈里发因此必须将他们免职。同样,乌玛议会作为国家内全体穆斯林的代表,有权对总督和官员表达愤怒与不满,哈里发必须立即将他们免职。
“That the Messenger of Allah (pbuh) wrote to al-Ala’a bin Al-Hadhrami to come to Him with twenty men from ‘Abd Qais. He reached Him with twenty men headed by ‘Abdullah bin Awf al-Ashajj, and appointed after Him Al-Munthir bin Sawa. The delegate complained of al-Ala’a Al-Hadhrami so the Messenger of Allah (pbuh) removed Him and appointed Iban bin Said bin Al-’Aass and said to him: ‘Take care of ‘Abd Qais and respect their chiefs.’” Also ‘Umar bin Al-Khattab removed Sa’d bin Abi Waqqas from the Wilayah just because of the complaint of the people against him, and He said; “I did not remove Him because of deficiency or treason”, This indicates that the people of the Wilayah have the right to express their anger and discontent of their Wulah and Ameers, and the Khaleefah thus has to remove them. Likewise, the Council of the Ummah is allowed, as a representative of all Muslims in the State, to express its anger and discontent of the Wulah and ‘Aamils and the Khaleefah has to remove them immediately.
关于第五节,其证据是:当欧玛尔遭刺受伤、濒临死亡时,穆斯林请求他指定一位继任者,但他拒绝了他们的请求。他们再次请求,于是他提名了六人。这是一种默许式的公议(Ijma'a Sakooti,以沉默表示同意),表明伊斯兰社群议会的穆斯林成员有权为哈里发职位筛选候选人,而他们在此事上的意见具有约束力。已经证实,欧玛尔指派五十人监视他所提名的六人,并命令他们杀死任何反对所选继任者的人。他还为这六人规定了三天的期限,这一事实表明其具有强制性。至于非穆斯林成员,他们无权筛选候选人,因为效忠宣誓(Bay'ah)只属于穆斯林。
With regards to the fifth section, the proof is that the Muslims asked ‘Umar, when He was stabbed and was close to death, to appoint somebody after him, but He rejected their request. They repeated the request, so He nominated six persons. This was an Ijma’a Sakooti (consent by silence), which is evidence that Muslim members of the Council of the Ummah have the right to shortlist the nominees for the post of Khilafah, and their opinion in this matter is binding. It was proved that ‘Umar assigned fifty men to watch the six men He nominated, and He ordered them to kill anyone of them who opposed the chosen successor. He also assigned to the six, three days, a matter which indicates obligation. As for non-Muslim members, they have no right in shortlisting the nominees, because the Bay’ah is specific to Muslims.