4.19 罢免哈里发
4.19 The removal of the Khaleefah
哈里发如果其身份发生变化,且这种变化使他脱离哈里发职位,则应立即被罢免。若其身份发生变化,虽未使他脱离哈里发职位,但伊斯兰教法不允许他继续担任该职位,则哈里发必须被罢免。
The Khaleefah is removed immediately if his status changed in a way that takes him out from the post of the Khilafah. The Khaleefah must be removed if his status changes in a way that does not take him out from the post of the Khilafah, but He is not allowed by Shar’a to continue in his post.
哈里发被罢免出哈里发职位的情形,与他必须被罢免的情形之间的区别在于:在前一种情形中,一旦他的身份发生改变,服从便不再是必须的。而在后一种情形中,即他必须被罢免的情形下,在他被实际罢免之前,服从他仍然是必须的。
The difference between the case that takes the Khaleefah out from the post of the Khilafah, and the case in which He must be removed is that in the first case, obedience is not compulsory as soon as his status changes. While in the second case, where He must be removed, his obedience remains compulsory until He is effectively removed.
有三种情况会使哈里发被罢免其哈里发职位:
There are three cases that take the Khaleefah out from the post of the Khilafah:
首先:如果他成为穆尔塔德(叛教者)。这是因为缔结哈里发制度的条件之一是伊斯兰教。这既是初始条件,也是持续条件。凡背弃伊斯兰教(叛教)者,他便成为异教徒,如果他不悔改其叛教行为,就应当被处死。异教徒统治穆斯林,或对穆斯林拥有任何权威,是被禁止的,因为真主(SWT)说:
Firstly: If He becomes a Murtad (apostate). This is because one of the conditions of contracting the Khilafah is Islam. This is an initial condition and a condition of continuity. Whoever rejects Islam (commits apostasy) He becomes a disbeliever and He should be killed if He does not renounce his apostasy. It is forbidden for a Kafir to rule over the Muslims, or to have any authority over them, for Allah (swt) says:
“而真主绝不会让不信道者有对信道者的途径(权力)。”[TMQ An-Nisa: 141] 真主(SWT)又说:
“And Allah will never allow for the Kafirs to have a way (authority) over the believers.” [TMQ An-Nisa: 141] Allah (swt) also says:
“信道的人啊!你们当服从真主,服从使者,服从你们中的主事者。” [TMQ An-Nisa: 59]
“O you who believe obey Allah and obey the Messenger and those in authority from amongst you.” [TMQ An-Nisa: 59]
“从你们之中”(Minkum)这一经文用语明确表明,掌权者必须是穆斯林。如果掌权者变成了不信道者,那么他就不再是“从你们之中”的人。这样,《古兰经》规定的掌权者的条件——伊斯兰——便不复存在。因此,哈里发若犯了叛教之罪,便会被革除哈里发的职位。他将不再是穆斯林的哈里发,穆斯林也没有义务服从他。
“From amongst you” (Minkum) in the verse, clearly indicates that those in authority must be Muslims. If the person in authority becomes a disbeliever then He is not from amongst us. Thus the characteristic that the Qur’an laid down as a condition for the person in authority, namely Islam, would be absent. The Khaleefah will therefore be taken out of the post of the Khilafah if He commits apostasy. He will then no longer become a Khaleefah of the Muslims, nor will they be obliged to obey him.
其次:如果哈里发发生了不可逆转的精神错乱。这是因为神志清醒是订立哈里发职位的条件,也是其延续的条件。因为真主的使者ﷺ说:
Secondly: If the Khaleefah becomes irreversibly insane. This is because sanity is one of the conditions of contracting the Khilafah and it is a condition of its continuity. For the Messenger of Allah (pbuh) said:
“三种情况下,责任被免除……”,直到他(愿主福安之)说道:
“Accountability is lifted in three instances...” to the point where He (pbuh) said:
直到他恢复理智的疯子。另一则传述中,
“the insane until He regains his senses.” In another narration,
“直到他痊愈为止的疯子。”一个不承担责任的人都无法照顾自己,因此,他更不可能继续担任哈里发,去料理众人的事务。
“the mad until He is cured.” Whoever is not accountable cannot look after himself, therefore by greater reason He cannot remain a Khaleefah, looking after peoples’ affairs.
第三:如果哈里发被强大的敌人囚禁,无法使自己获释,也没有获释的希望,那么在这种情况下应当将他罢免,因为他被囚禁使他完全无法处理穆斯林的事务,他就如同不存在一般。
Thirdly: If the Khaleefah is imprisoned by a formidable enemy, and can’t free himself from them, and there is no hope of doing so. In this case He should be removed, for his imprisonment makes him completely unable to look after the Muslims affairs, and He would be as if He does not exist.
在这三种情况下,哈里发即被罢黜于哈里发之位,应当立即被废除,即便尚未就其罢免作出裁决。不得服从他,凡有证据证明哈里发处于这三种情况之一的人,都不得执行他的命令。然而,必须证明这些情况中是否有任何一种发生在他身上。这一证明应由申诉法庭(Mazalim)确立,该法庭应作出裁决,宣布哈里发已被罢黜于哈里发之位,应当被废除,从而允许穆斯林将哈里发之位授予他人。
In these three cases the Khaleefah is taken out of his post of the Khilafah and He should immediately be removed, even if there was no verdict of his removal issued. He is not to be obeyed, and his orders should not be executed by whoever has a proof that the Khaleefah is under any of these three conditions. However, it is necessary to prove if any of these cases happened to him. The proof should be established by the complaints tribunal (Mazalim), which would issue its verdict stating that the Khaleefah had been taken out of the post of the Khilafah and that He should be removed, thus allowing the Muslims to contract the post of Khilafah to someone else.
关于那些使哈里发不再被允许继续任职、但并不立即使其脱离哈里发职位的事项,共有五项:
As to the matters where the Khaleefah is no longer permitted to continue in office but which do not take him immediately out of his post of the Khilafah, these are five:
首先:如果他的公正因显露出明显的犯罪(Fisq)迹象而失效。因为公正('Adaala)是订立哈里发职位及其延续的条件之一。所以如果真主(SWT)在见证人身上规定了公正('Adaala),那么按照更重要的道理,它在哈里发身上也是必须具备的。
Firstly: If his justness is invalidated by showing manifest signs of Fisq (wrongdoing). For justness (‘Adaala) is one of the conditions for contracting the Khilafah and for its continuity. So if Allah (swt) stipulated the justice (‘Adaala) in the witness then, for greater reason, it is stipulated in the Khaleefah.
其次:如果哈里发成为女性或具有女性特征的人,那么他将不再适任。这是因为成为男子是哈里发任职的合同条件,也是其持续任职的条件。这依据是先知ﷺ所说的话:
Secondly: If the Khaleefah becomes a female or effeminate. This is because being a man is a contractual condition and a condition of continuity of the Khalifah. This is due to the saying of the Messenger of Allah (pbuh) who said:
“任何将自己的事务交由女人主持的民族,都永远不会成功。” [Narrated by Al-Bukhari from Aby Bakrah]
“Any people who appoint a woman over their affairs shall never succeed.” [Narrated by Al-Bukhari from Aby Bakrah]
第三,如果哈里发患有精神失常的疾病,时而失去理智,时而恢复理智,那么他的哈里发资格就会受到影响。这是因为理智是哈里发职位成立和持续的条件之一,正如安拉的使者ﷺ所说:"有三种人不受责任的约束……"直到他ﷺ说:"……还有疯癫的人,直到他恢复神智。"精神失常者不能处理自己的事务,那么更不能管理民众的事务。在这种情况下,禁止为他任命监护人(受托人)或代理人,因为哈里发的契约是缔结在他本人身上的,因此没有其他人可以代他行事。
Thirdly. If the Khaleefah suffers from a disorderly mental condition, by losing his mind at times and regain it at others. This is because the mind is one of the contracting and the continuity conditions of the Khilafah, due to what Allah’s Messenger (pbuh) said: “Three types of people are exempted from accountability...” to the point where He (pbuh) said: “...and the mad until He regains his sanity.” The insane cannot conduct and manage his own affairs, and then by greater reason, He cannot manage the people’s affairs. In this case it is forbidden to appoint a caretaker (trustee) or a deputy for him, since the contract of Khilafah has been concluded upon his person, therefore no one else can act on his behalf.
第四点:如果哈里发因任何原因无法履行哈里发的职责,无论是因为身体残疾,还是因为某种慢性(无法治愈的)疾病而妨碍其履行职能。此处的关键在于他无法履行其职责。
Fourthly: If the Khaleefah is unable to carry out his duties of Khilafah for any reason, whether because of a disability or because of a chronic (incurable) disease which prevents him from performing his functions. The point at issue in this case is his inability to carry out his duties.
因为哈里发的契约是以履行其职责为基础的。如果哈里发无法履行契约,那么罢免他就成为必须之事,因为他就如同不存在一般。如果他也无法履行被任命为哈里发时所承担的职责,那么宗教事务和穆斯林的利益就会陷于停滞,由此产生的便是必须消除的恶(Munkar)。这种情况只能通过罢免哈里发来实现,然后穆斯林可以另立一位哈里发取代他。在这种情况下,罢免他就成为必须之事。
This is because the contract of Khilafah is based on performing its tasks. If the Khaleefah was unable to fulfil the contract his removal becomes compulsory, as He would be as if He didn’t exist. If He also could not perform the duties for which He had been appointed as Khaleefah, the affairs of the Deen and the Muslims’ interests would become stalled resulting in an evil (Munkar) that has to be removed. This cannot be acheived except by dismissing the Khaleefah and then the Muslims can appoint another Khaleefah in his place. His removal in this case becomes compulsory.
第五,如果哈里发遭受胁迫或受制于人,以致他无法依据伊斯兰法(Shar'a)凭自己的见解处理穆斯林的事务,那么一旦发生这种情况,他实际上就被视为无法履行哈里发的职责。这种情形将使其被罢免成为必然。上述情况被认为适用于以下两种情形:
Fifthly: If the Khaleefah becomes subjugated or coerced in a manner that leaves him unable to conduct the affairs of the Muslims with his own opinion according to the Shar’a. If this had happened to him He would then be considered virtually unable to fulfil the duties of Khilafah. This situation would necessitate his removal. The foregoing scenario has been considered to apply in two cases:
第一种情况是:他的某位随从或家人中的一人或数人掌握了对他的权力,他们擅自处理事务,专横跋扈,压制他,使他无法反对他们,被迫听从他们的意见。在这种情况下,应当对此事进行审查。如果能在短时间内消除他们的胁迫,他就可以继续留任,以便罢黜这些人,使自己摆脱他们的影响。如果他这样做了并恢复了自己的能力,他便可以继续留任;否则,就应当将他罢免。如果看不到摆脱这种胁迫的希望,他应当立即被罢免。
The first case is when a member or members of his entourage or family gain power over him so that they execute the matters arbitrarily and they become high-handed so that they overpower him such that He cannot disagree with them and He is forced to follow their opinion. In this case the matter should be examined. If their coercion could be eliminated within a short period of time He would be allowed to remain in office, so as to remove them and free himself of their influence. If He did this and his ability was restored He would be allowed to remain in office, otherwise He should be removed. He would be subject to immediate removal if there were no hope of freeing himself from such coercion.
第二种情况是哈里发沦为强大敌人的囚徒,无论是身体上被俘,还是处于敌人的支配之下。在这种情况下,此事应当加以审查。如果还有希望摆脱敌人的控制,就应给予他时间去这样做,并恢复其权威;否则,就应将他罢免。如果看不到任何希望,就应立即将他罢免。
The second case is when the Khaleefah falls prisoner to a formidable enemy, either physically or by being under his enemy’s dominance. In this case the matter should be examined. If there is any hope of freeing himself of the enemy He would be given time to do so and restore his authority, otherwise He would be removed. If no hope was in sight, He should be removed immediately.
在这两种情况下,他实际上都无法依照伊斯兰教法独自履行哈里发的职责。他就如同不存在一般,无法执行缔结哈里发契约所要承担的各项职能。
In both cases He would be virtually unable to fulfil the tasks of the Khilafah by himself according to the Shar’a rules. He would be as if He didn’t exist and unable to carry out the functions over which the Khilafah contract was convened.
在这两种情况下,如果有希望让他自行脱困,则应给他时间,直到他自行脱困的希望变得渺茫,之后才应将他移出。然而,如果一开始就完全没有希望,则应立即将他移出。
In both cases, however, if there was hope of freeing himself He should be given time until freeing himself becomes hopleless, after which He should be removed. If, however, there was no hope at all in the first instance, He should be removed at once.
因此,一旦出现上述五种情况之一,就应当罢免哈里发。然而,除非已经就当前情况作出裁决,否则不能罢免他。在这五种情况中,哈里发都应始终被服从,其命令也应被执行,直至作出罢免他的裁决。在这每一种情况下,哈里发契约并不会自动失效,而是需要由法官作出裁决。
The Khaleefah should thus be removed whenever any of the five cases listed above occurs. However, He cannot be removed except when a verdict (concerning the situation at hand) has been issued. In all five cases the Khaleefah should always be obeyed and his orders executed until a verdict of his removal has been issued. In each one of these cases the Khilafah contract is not automatically nullified. It rather needs a verdict issued by a judge.