7.4 受托助手的职责
7.4 The task of the Delegated Assistant
委任的助理(辅佐官)的职责是,将其打算执行的一切工作呈报给哈里发。随后,他向哈里发汇报自己在裁决方面已经执行了什么,以及在管理和任命方面已经履行了什么,以免这位助理在权力上与哈里发等同。因此,他的职责是先呈交自己的审议意见,然后予以执行,除非哈里发阻止他这样做。
The task of the delegated assistant is to submit to the Khaleefah all the work He intends to perform. He then reports to the Khaleefah what He has executed in terms of decisions and what He has discharged in terms of management and appointment, so that the assistant would not become like the Khaleefah in his powers. Therefore, his job is to submit his review and then execute it, unless the Khaleefah stops Him from doing so.
依据是Mu'awin作为哈里发的副手,其实际身份确凿无疑。副手代表委任他的人行事。因此,他并不会独立于哈里发之外,而是要与哈里发就每一项行动进行商议,正如欧麦尔担任艾布·伯克尔的瓦齐尔时所做的那样:他会先与艾布·伯克尔商议自己打算执行的事务,然后再依此执行。与哈里发商议,并不必然意味着他需要就每一个细节都请求许可,因为这与Mu'awin的实际身份相矛盾。相反,与哈里发商议是指与他讨论事务,例如任命一位有能力的瓦利(省长)管理某个省份,或解决民众关于市场粮食短缺的投诉,或处理其他国家事务。他也可以将某件事务提交给哈里发,以陈述的形式呈上,这足以使Mu'awin在今后依照其全部细节执行该事务,而无需再次请求许可。然而,如果哈里发下令停止执行某件事务,则不应执行。因此,陈述只是提出一项建议并就此与哈里发协商,并不意味着请求许可去执行任务。只要哈里发没有阻止,Mu'awin便可以执行相关任务。
Evidence for this is the reality of the Mu’awin as a deputy of the Khaleefah. A deputy acts on behalf of the person who appointed Him as his deputy. Thus He does not become independent from the Khaleefah, but rather reviews with Him every action exactly as ‘Umar used to do when He was Wazir to Abu Bakr, where He used to review with Abu Bakr what He intended to perform, then executed it accordingly. Reviewing with the Khaleefah does not necessarily mean that He needs to ask for his permission in every single detail, for this contradicts the reality of the Mu’awin. Rather, reviewing with the Khaleefah means to discuss the matter with him, like for example to appoint a capable Wali to one of the provinces, or remove the complaints of people in terms of food shortages in the market, or any other state affairs. He may also submit a matter to him, in the form of a presentation, which would be sufficient for the Mu’awin in the future to carry out the matter with all its details, without the need for permission to act. However, if the Khaleefah issues orders to stop the carrying out of any issue, then it should not be executed. Hence, the presentation is simply putting forward of a proposal and the consultation with the Khaleefah about it, and it does not mean seeking permission to carry out the task. The Mu’awin can execute the task in question as long as the Khaleefah does not stop Him from doing so.
哈里发应当审查穆阿温的行为及其对事务的管理,以认可其中正确的部分,纠正其中错误的部分。这是因为穆斯林乌玛事务的管理委托给了哈里发,并由他依据自己的伊吉particular 提哈德(Ijtihad)来履行。
The Khaleefah should review the actions of the Mu’awin and his management of affairs, in order to approve what is right and redress what is wrong. This is because the management of the Ummah’s affairs is commissioned to the Khaleefah and discharged according to his own Ijtihad.
证据是关于对臣民负责的圣训,先知穆罕默德ﷺ说:"伊玛目是牧人,他要对自己的臣民负责。"因此,哈里发有权执掌治理之任,并对自己的臣民负责;而受委派的穆阿温则不对臣民负责,他只对自己的行为负责。由此可见,对臣民的责任唯独由哈里发承担。所以,哈里发有义务审查穆阿温的行为及其履职情况,以履行他对臣民的责任。此外,受委派的助手有时可能会犯错,哈里发必须纠正这些错误,因此他必须审查助手的全部行为。综上,哈里发之所以有义务审查穆阿温的全部行为,是出于这两个原因:履行他对臣民的责任,以及纠正受委派助手可能犯下的错误。
The evidence for this is the Hadith of responsibility over the subjects where the Messenger of Allah (pbuh) said “The Imam is a guardian and He is responsible over his subjects.” Therefore, the Khaleefah is entitled to the task of government and He is responsible over his subjects, whereas the delegated Mu’awin is not responsible over subjects, but He is merely responsible for his own actions. Thus, responsibility about the subjects is for the Khaleefah alone. Therefore, the Khaleefah is obliged to review the actions of the Mu’awin and his performance in order to fulfil his duty towards his subjects. Besides, the delegated assistant can sometimes make errors, and the Khaleefah has to redress such errors, so He has to review all the assistant’s actions. Therefore, it is for these two reasons: fulfilling responsibility towards his subjects and redressing potential errors made by the delegated assistant, that the Khaleefah is obliged to review all of the Mu’awin’s actions.
如果被授权的辅助官员对某事作出了决定,而哈里发批准了该决定,那么穆阿温便可原样执行,不做任何更改。如果哈里发反对穆阿温所执行的事项,那么此事将被进行审查。若穆阿温已正确地执行了某项裁决,或者他将资金用于了正当的领域或某些项目,那么穆阿温的意见便具有效力,因为从原则上讲,这就是哈里发的意见,而哈里发无权推翻穆阿温已经执行的、就法令或其所支出资金而言的事项。然而,如果穆阿温所做的是其他类型的行为,例如任命瓦利或筹备军队,哈里发则有权撤销穆阿温的决定,强制执行自己的决定,并使穆阿温的行为归于无效。这是因为哈里发有权纠正自己的行为,所以他也有权纠正其辅助官员的行为。
If the delegated assistant decided a matter and the Khaleefah approved of it, the Mu’awin could then execute it without any alterations. If the Khaleefah objected to what the Mu’awin had executed, then in this case the matter would be examined. If the Mu’awin had correctly carried out a verdict or if He had spent some funds in the right areas or in certain projects, then the Mu’awin’s opinion comes into force, for, in principle, it is the Khaleefah’s opinion, and the Khaleefah has no right to redress what the Mu’awin had executed in terms of rules or funds He had spent. However, if the Mu’awin had performed other types of actions, such as the appointing of a Wali or the preparation of an army, the Khaleefah has the right to reverse the Mu’awin’s decision and enforce his own and nullify the Mu’awin’s actions. This is because the Khaleefah has the right to redress his own actions so He has the right to redress the actions of his assistant.
这是对助理(Mu'awin)履行职责的方式,以及哈里发(Khaleefah)审查助理所作所为的方式的描述。它源自于哈里发被允许纠正哪些行为、不被允许纠正哪些行为。原因在于,受委托的助理的行为被视为哈里发的行为。对此的解释是:受委托的助理与哈里发一样,可以独自裁决,也可以任命官员,因为裁决的条件已经授予他。他也有权调查申诉,或委派他人进行调查,因为受理申诉的条件已经为他确定。他也有权独自主持圣战,或任命他人主持,因为战争的条件已经为他确定。他有权执行哈里发已经决定的命令,或委派他人代其执行,因为发表意见与管理的条件已经授予他。 然而,这并不意味着哈里发不能撤销助理已经执行的事项,只要哈里发已经被告知相关情况。这只是意味着哈里发拥有与哈里发本人相同的权力,但他是代表哈里发行事,而非独立于哈里发行事。因此,哈里发有权不同意助理的意见,纠正已经执行的事项,或撤销助理的任何行为,但这仅适用于哈里发自己的行为可以被纠正的那一类行为。如果助理正确地执行了裁决,或将资金用在了正当的方面,那么哈里发的异议将不产生效力,助理的决定将得以执行。这是因为原则上,这属于哈里发自己的决定,而在这类情况下,哈里发本人也不能撤销自己的决定或推翻已经执行的事项,因此,他也就不能撤销其助理的行为。 然而,如果穆阿温任命了瓦里(Wali,行政长官)、行政官员、军队指挥官或其他任何受任者,或者他制定了经济策略、军事计划或工业规划,或类似的任何措施,那么哈里发有权撤销这些决定。这是因为,尽管它们被视为哈里发的意见,但它们属于哈里发即便是自己所作也有权予以纠正的决定之列。据此,他对穆阿温的决定也可以同样处理。因此,在这一类中,哈里发可以撤销穆阿温的行为。关于此事的基本原则如下:凡是哈里发对自己所作的行为有权予以纠正的,若由穆阿温所为,他同样有权予以纠正;凡是哈里发对自己所作的行为无权纠正的,若由穆阿温所为,他也无权纠正。
This is a description of the way that the Mu’awin follows in performing his actions and of the way that the Khaleefah follows in reviewing the Mu’awin’s actions. It is derived from what sort of actions the Khaleefah is allowed to redress and what actions He is not allowed to redress. This is because the actions of the delegated Mu’awin are considered as actions of the Khaleefah. As an explanation for this, it is allowed for the delegated assistant to rule by himself and to appoint rulers as it is allowed for the Khaleefah. This is because the conditions of ruling have been conferred to him. He is also entitled to investigate complaints or to deputise someone to do so, because the conditions of complaints have been verified for him. He is also entitled to take charge of Jihad by himself, or appoint someone to do so, for the conditions of war have been verified for him. He is entitled to execute orders He has decided upon or to deputise someone to execute them on his behalf, for the conditions of voicing an opinion and management are conferred to him. However, this does not mean that the Khaleefah can’t reverse whatever the Mu’awin performed as long as He had been briefed about it. It means rather that He possesses the same powers as the Khaleefah, but He acts on his behalf and not independent of him. Therefore, the Khaleefah is entitled to disagree with the Mu’awin and redress what has been executed or reverse any of his actions, bearing in mind that this applies only to the sort of actions that the Khaleefah could redress of his own actions. If the Mu’awin had executed a rule correctly or spent funds in the right areas, then the Khaleefah’s objections would carry no weight and the Mu’awin’s decision would be executed. This is because in principle, it is the Khaleefah’s own decision and in such cases He himself could not reverse his decision or nullify what He himself had executed, hence, He could not reverse his Mu’awin’s action. However, if the Mu’awin had appointed a Wali, an administrator, an army commander or any other appointee or if He had laid down an economic strategy, a military plan or an industrial programme or any similar undertaking, then the Khaleefah is allowed to nullify it. This is because, although they are considered as being the Khaleefah’s opinions, they fall under the category of decisions that the Khaleefah is entitled to redress even when done by him. Accordingly, He could do likewise with his Mu’awin’s decisions. So in this category, it is allowed for the Khaleefah to nullify the actions of the Mu’awin. The basic rule concerning this would be as follows: Any action that the Khaleefah is allowed to redress of his own actions, He is entitled to redress in a like manner if performed by his Mu’awin; and every action the Khaleefah cannot redress of his own actions, He is not allowed to redress if performed by his Mu’awin.
被委任的穆阿温(Mu’awin)不限定于某个特定部门,例如教育部门;也不限定于某项特定事务,例如组织军队和军备系统的筹备,因为他的任命是全面性的。他也不亲自处理行政事务,而是像哈里发一样,对这些事务拥有全面的监督权。如果他被任命为这样的职位,那么这一任命并不会授予他"维萨拉"(Wizara,即辅佐职务),他也不会在所被任命的事务上成为哈里发的助手。这是因为这种契约是特定的,因而不包含全面监督,而全面监督正是任命被委任辅佐者的条件之一。 至于最高法官的任命,这并不被视为任命哈里发在司法方面的助手,而是任命一位在统治之外的其他领域拥有特定权限的瓦利(Wali),例如军队的统帅(Imarah),或天课(Sadaqat)事务的管理等类似职务。此类职位应当参照各省区总督(Wilayah)的任命方式来设定,而不是参照穆阿温-乌特-塔夫维兹(Mu’awin-ut-Tafweedh)的任命方式。因此,最高法官是一位埃米尔(Ameer),拥有任命法官、审查司法事务并在民众之间裁决的权力,但他并不是助手。 所以,将被委任的辅佐者限定于某个特定部门是不正确的。如果将其限定于特定部门,他的契约将无效。要使被委任辅佐者的任命有效,必须是一份契约,即应以明确的措辞表达,并包含两个条件:一是其全面性,二是其代理性。将其限定于某个部门,会使他失去契约的两个条件之一,因而他的任职契约将归于无效。此外,他也不得从事行政事务,因为从事行政事务的人是公务员,而非统治者。 由于被委派的助手是统治者而非公务员,而他(助手)的职能是管理事务,因此他不应履行公务员受雇负责的职能。
The delegated Mu’awin is not designated to a particular department, like the education department for example; nor a particular action, like the preparation of an army and its weaponry systems, because his appointment is general. He also does not carry out administrative matters, but He has like the Khaleefah, a general supervision over them. If He had been appointed as such then the Wizara (the assistantship) would not be conferred to Him by this appointment nor will He be assistant to the Khaleefah in the matter in which He was appointed. This is because such a contract is specific and thus does not include general supervision, which is a condition in appointing the delegated assistant. As for the appointment of the Supreme Judge, this is not considered an appointment of an assistant to the Khaleefah in the Judiciary, but an appointment of a Wali with a specific Wilayah in other than the ruling; like the Imarah of the army, or the Imarah of the Sadaqat and the like. Such posts would be convened like those of the Wilayahs, not like the appointment of the Mu’awin-ut-Tafweedh. Hence the supreme judge is an Ameer, with a mandate to appoint Judges and to examine the judicial matters, and to judge between people, but He is not an assistant. Therefore, it would be wrong to confine the delegated assistant to a particular department. If He were confined to a particular department, his contract would be null and void. In order for the appointment of the delegated assistant to be valid, it must be a contract i.e. it should be expressed in clear wording that contains two conditions: one would be its generality and the second is the deputyship. By limiting Him to a certain department would make Him miss one of the two conditions of his contract, and accordingly the contract of his employment would be nullified. In addition to this, He is not allowed to practice the administrative matters; this is because those who practice administrative matters are civil servants not rulers. Since the delegated assistant is a ruler, not a civil servant, and his (assistants’) functions are to look after the affairs, He is not to perform the functions that the civil servants are employed to perform.
这就是他不亲自处理行政事务的原因。然而,这并不意味着他被阻止进行任何行政行为;而是说他并不局限于行政职能,而是被赋予了全面的职责。
This is the reason why He does not run the administrative matters. It does not mean, however, that He is prevented from carrying out any administrative action; rather He is not confined to administrative functions, but is given a general responsibility.