1 As Sahaabah:
1 As Sahaabah:
大多数乌拉玛和法基赫都认同,伊斯玛尔(公议)曾在圣门弟子(愿安拉喜悦他们)的时代成立。这是因为当时人们能够清楚地确定其中法学家的人数,也能确定其中具有提及资格的人(ahl al-dhikr)以及有权参与决断与缔结的人(Ahl ul-Hall Wa-l-‘Aqd),同时人们也知晓他们之间达成公议的可能性。
Most of the ‘Ulamaa and Fuqahaa have agreed that the Ijmaa’ had been convened in the time and era of the Sahaabah (rah) and that was due to being able to put a finger on and clearly ascertain the number of their Fuqahaa and knowledge of the people of mention (dhikr) and Ahl ul-Hall Wa-l-‘Aqd among them, in addition to being aware of the possibility of the occurrence of Ijmaa’ (consensus) amongst them.
圣门弟子(Sahaabah)对于教法(Ahkaam)中所达成一致的事项,其共识被视为 Ijmaa'(公议),并具备 Ijmaa' 一词所包含的全部效力。这是因为,我们并未得知:在那些身处哈里发国首都麦地那的人之中,有任何人在知晓某项已被达成一致的教法之后,去反对它,而缺席麦地那者中也没有人这样做。假如出现过这样的反对,它必定会传到我们这里,正如反对欧麦尔·本·黑塔布(ra)关于伊拉克土地分配的人的异议传到了我们这里,又如一位妇女反对限制妇女聘礼(Mahr)的事传到了我们这里一样。另外,众所周知,圣门弟子(rah)并非对错误或谬误保持沉默的人。因为他们认为,反对错误、对抗虚妄和不义,是一项legal义务,是落在他们肩上的信托(Amaanah)。因此,如果他们对某项教法保持沉默,他们的沉默就代表着对它的认可与同意的信号和迹象,而这在效力上等同于明确表态。
The agreement of the Sahaabah upon what they agreed upon in respect to Ahkaam is regarded as an Ijmaa’ with all that is contained within the word of Ijmaa’. That is because it has not reached our knowledge that anyone from amongst those who were absent from Al-Madinah Al-Munawwarah, the capital of the Khilafah, had opposed a Hukm from amongst the Ahkaam that had been agreed upon after being made aware of the Hukm. If something like this had happened it would have reached us just like the opposition of those who disagreed with ‘Umar Ibn Al-Khattaab (ra) about the division of the land of Iraq reached us or like the opposition of the woman to a limit being placed upon the women’s Mahr (dowry) having reached us. It is also because it is well known that the Sahaabah (rah) were not from those who would remain silent over a mistake or over falsehood. That is because they viewed opposition to the mistake or confronting Baatil and oppression to represent a Shar’iy obligation and an Amaanah (trust) upon their necks. Therefore, if they remained silent over a Hukm, their silence would represent a signal and sign of their approval of it and this is equivalent to the strength of being explicit in respect to it.