UUD / Mu’awin At-Tafwidl §42-48
- Kategori: Mu’awin At-Tafwidl §42-48
Pasal 48: Mu’awin Tafwidl tidak terikat dengan salah satu instansi dari instansi-instansi administratif, mengingat kekuasaannya bersifat umum. Karena mereka yang melaksanakan aktivitas administratif adalah para pegawai dan bukan penguasa, sedangkan Mu’awin Tafwidl adalah seorang penguasa. Maka ia tidak diserahi tugas secara khusus dengan urusan-urusan administratif tersebut, karena kekuasaannya bersifat umum.
Article 48: None of the delegated assistants (Tafwid) specialises in a specific department from the departments of the administrative institution, rather his responsibility is general, since those who undertake the administrative affairs are employees (civil servants) and not rulers, while the delegated assistant is a ruler. He is not entrusted with a specific authority in any of the tasks since his responsibility is general.
The proof is what is meant by the words “my two ministers” in the narration from Al-Tirmidhi, in that the assistant is the assistant to the Khalifah in the Khilafah - in other words, in ruling, and so he is a ruler and not a civil servant. For that reason, it is not permitted for him to deal with the administrative affairs since those are dealt with by civil servants and not by rulers. The assistant is a ruler and not a civil servant and so his work is taking care of the affairs and not to undertake work that employees are paid to do. Therefore, he should not undertake administrative affairs. This does not mean that it is forbidden for him to do any administrative work, rather that he should not be specified to do administrative work; rather he has general control.
As for not specifying his empowerment, this is because he is an assistant, and the assistant is empowered in representation and general control. Due to this, he does not require a new empowerment for every issue that the Khalifah seeks his help in, or for any area he sends him to, since his empowerment was not specific. As for the one who is empowered with a specific empowerment, he would be holding a specific responsibility such as the head of the judiciary, the head of the Army, the governor over the charity and so on; and this would require a new empowerment in every specific authority they were charged with.