人在"ahliyah"(能力、资格)方面所经历的各个阶段
The Stages That The Human Passes Through In Respect To Al-ahliyah
1 - 胎儿阶段:胎儿在母亲子宫内即确立了不完整的啊赫利叶(Ahliyah,即权利能力),因此为其确立的权利无需接受(Qabool)即可成立,包括继承权(Meeraath)和遗嘱权(Wasiyah)。至于需要接受(Qabool)的权利,如接受赠与,则不为胎儿确立。胎儿也不具备行为能力(Ahliyah of Adaa’),即履行义务的能力,亦不予确立。
1 - The Foetal stage: An incomplete Ahliyah is established for the foetus within the womb of the mother and so rights are established for it that do not require an acceptance (Qabool) for it to be affirmed. This includes the Meeraath (inheritance) and Wasiyah (will). As for the Huqooq (rights) requiring Qabool (an acceptance) like the receiving of gifts, then this is not established for the foetus. The Ahliyah of Adaa’ performance is also not established or affirmed for the foetus.
2 —— 童年阶段(As-Sabiy)
2 – The stage of childhood (As-Sabiy):
这是从出生直到辨别期(Tamyeez)的年龄,即七岁。
This is from the birth until the age of Tamyeez (discernment) which is seven years of age.
完整的义务(Wujoob Kaamilah)在儿童(Sabiy)身上是成立的,因此他可以取得权利,并承担监护人(Waliy)可以代其履行的义务。这包括天课(Zakaah)、开斋捐(Sadaqat ul-Fitr),以及对他人财产所受损害的赔偿担保。
The Wujoob Kaamilah (complete obligation) is affirmed from the child (Sabiy) and so it is valid for him to attain rights and to carry obligations that are permitted for the Waliy (guardian) to perform on his behalf. This includes the Zakaah, Sadaqat ul-Fitr and the guarantee in respect to what is damaged from the properties of others.
2 —— 童年阶段(As-Sabiy)
2 – The stage of childhood (As-Sabiy):
这是从出生直到辨别期(Tamyeez)的年龄,即七岁。
This is from the birth until the age of Tamyeez (discernment) which is seven years of age.
完整的义务(Wujoob Kaamilah)在儿童(Sabiy)身上是成立的,因此他可以取得权利,并承担监护人(Waliy)可以代其履行的义务。这包括天课(Zakaah)、开斋捐(Sadaqat ul-Fitr),以及对他人财产所受损害的赔偿担保。
The Wujoob Kaamilah (complete obligation) is affirmed from the child (Sabiy) and so it is valid for him to attain rights and to carry obligations that are permitted for the Waliy (guardian) to perform on his behalf. This includes the Zakaah, Sadaqat ul-Fitr and the guarantee in respect to what is damaged from the properties of others.
至于“الأداء”(履行)的资格能力,则因其无能力以及在理解“الخطاب”(训令)方面理智的欠缺,此种资格在他身上并不存在。
As for the Ahliyah of Al-Adaa; (performance) then this does not exist in his right due to his inability and the shortcoming in respect to his ‘Aql in relation to understanding the Khitaab (address).
3 – 分辨期(Tamyeez):
3 – The stage of Tamyeez (discernment):
这从七岁开始,到达成年(青春期)时结束。
This begins at the age of seven and ends at the age of coming to maturity (puberty).
在这一阶段,正如前一阶段所确立的,他的"وجوب"(义务)资格(أهلية الوجوب)得以成立。
In this stage the Ahliyah of Al-Wujoob (obligation) is established for him as it was affirmed in the previous stage.
至于行为能力(Al-Adaa’),则其对他的成立是不完整的(Naaqisah),因为他在履行责任能力(At-Takleef)条件方面有所欠缺。因此,除了教导、指导和行为规范的培养之外,不要求他承担任何事务。这就像命令孩子礼拜,并使他习惯斋戒一样。他的某些行为可以被接受,例如接受礼物(Al-Hadiyah 和 Al-Hibbah)以及施舍(Sadaqah)。除此之外,则取决于监护人(Waliy)的许可。若监护人允许,则该行为有效;若未经其许可,则该行为无效。这一切的前提是,他不会因其行为而受到追究和问责,这依据的是先知ﷺ在责任能力条件主题中所提及的圣训。
As for the Ahliyah of performance (Al-Adaa’) then it is established for him in an incomplete (Naaqisah) manner due to his deficiency in respect to fulfilling the conditions of At-Takleef (legal responsibility). Consequently, he is not requested to undertake anything except in a way of teaching, instruction and behavioural refinement. This is like commanding the child to perform the Salaah and getting him used to the fasting. Some of his conducts can be accepted like his acceptance of gifts (Al-Hadiyah and Al-Hibbah) and Sadaqah. In other than this it rests upon the permission of the Waliy (guardian). If the Wali permits it then it is valid whilst it is invalid without him allowing it. All of this is whilst he is not taken to task and held to account for his actions which is due to the Qawl of the Messenger of Allah (saw) in the Hadeeth mentioned in the subject area of the conditions of At-Takleef:
笔从三种人身上被抬起:睡着的人直到他醒来,孩子直到他达到青春期,以及失去理智的人直到他恢复理性、能够正常理解事物(艾卜·达伍德辑录)。
The pen has been lifted from three: The sleeping person until he awakens, the boy until he reaches the age of puberty and the one who has lost his mind until he can rationally reason/understand again (Abu Daawood).
4 – 成年(Buloogh)与理智健全(‘Aaqil)的阶段
4 – The stage of Buloogh (maturity) and ‘Aaqil (of sound mind):
在这一阶段,他已具备完整的义务能力(أهلية الوجوب الكاملة)和完整的行为能力(أهلية الأداء الكاملة),这一点已得到确立和认定。因此,如果他犯了通奸罪(الزنا),便会对他施行哈德(固定刑罚);如果他偷窃,其手便会被砍断。同样,他所订立的契约(العقود)和符合伊斯兰教法的交易(المعاملات الشرعية)是有效的,并产生相应的法律效力。
In this stage the Ahliyah Al-Wujoob Al-Kaamilah and the Ahliyah Al-Adaa’ Al-Kaamilah (complete competency of obligation and complete competence of performance) is established and affirmed in respect to him. Consequently, if he was to commit Zinaa he would have the Hadd (set punishment) applied upon him and if he stole, his hand would be severed. Similarly, the ‘Uqood (contracts) and Shar’iyah transactions would be valid from him and their effects would result from them.
baluγ(成年)的界定,是通过出现成年的某一迹象来实现的。例如遗精(Ihtilaam,即射出精液)、月经,或阴部长出耻毛。大多数法学家认为,成年的年龄是十五岁。与此相关,环境的差异以及个人具体的体质与构造,都会对此产生影响。
The point of Buloogh (reaching of the age of maturity) would occur through the appearance of one of the signs of maturity. That is like the Ihtilaam (emission of Maniy/seminal discharge), menstruation or the appearance of pubic hair. The majority of the Fuqahaa; have considered this age to be fifteen years of age. In respect to this, differences in the environment and the specific individual configuration or makeup of the person will have an impact upon it.