属于国家职责而非个人职责的事项:
That Which Falls Under The Responsibility Of The State And Not Under The Responsibility Of The Individual:
1) 确立哈杜德(规定刑罚):
1) The Establishment Of The Hudood (proscribed Punishments):
众所周知,人并非天使,也不是机器人,而是社会性的存在,受到善与恶的考验。他有可能被诱惑,脚步会失足,撒旦会战胜他,使他犯下违法、罪过,或未能履行义务,或侵害他人。那么,谁来管束他、阻止他并使他停止呢?例如,父亲是否有权对犯奸淫或盗窃的儿子执行哈都德刑罚?穆斯林中从未有人主张这是被允许的。这是因为,从“必然之理”(Deen Bid-Daroorah)中可知,维护集体的整体、平息纷争、保障权利、使个人遵守法律,这些事务并不属于个人的责任,而是由穆斯林授权之人来承担的任务,即属于政权(Nizhaam)及负责执行该政权体系之人的责任。因为这些事务是整个乌玛(Ummah)的义务,所以穆斯林任命一位哈里发(Khalifah)代表他们,代其承担执行那些被责成他们作为一个集体所应履行之事务。因此,他(哈里发/代理人)负责执行安拉(SWT)的经文所命令的内容。
It is known that the human being is not an angel or a robot but rather he is a social being who is tested by good and bad. He has the potential to be seduced, for his feet to buckle, for Shaytaan to overcome him so that he commits a violation, a sin or falls short in his fulfilment of an obligation, or aggresses against another. So who then will discipline him or prevent him and make him refrain? So for instance, is it the right of the father to implement the Hudood upon his fornicating or thieving son? None of the Muslims have ever said that this is permitted. This is because it is known from the Deen Bid-Daroorah (By necessity) that the safeguarding of the collective group, dispersing of the disputes, the safeguarding of rights and binding the individuals to abide by the laws, do not fall under the responsibility of the individual but rather they are the task of the person whom has been delegated on behalf of the Muslims to assume the undertaking of these affairs i.e. it is the responsibility of the Nizhaam (regime) and those responsible for implementing the Nizhaam (system). This is because these matters are obligatory upon the Ummah as a whole and as such the Muslims appoint a Khalifah on their behalf, to assume on their behalf the implementation of that which has been obliged upon them, in their description as a collective group. So he (the Khalifah/deputy) is responsible over the implementation of the speech of Allah (swt):
通奸的女人和通奸的男人,各打一百鞭(《光明章》2)。
The female fornicator and the male fornicator lash each one of them with one hundred lashes (An-Noor 2).
尽管这些经文的对象是穆斯林的整体,类似于真主(SWT)的话:"窃贼,无论男女,你们都要割断他们的手"(《筵席》38)。任何个人都无权代表穆斯林整体执行刑罚,或对任何违法者施行哈德刑罚,除非他已被穆斯林整体授权,或被哈里发(作为穆斯林的代理人)委派承担此事。因此,哈里发有责任守护公共关系中的这一部分,以及这一集体所做的事情,正如真主(SWT)所说:"在抵偿中,你们有生命,明智的人啊!以便你们敬畏。"(《黄牛》179)
"This is despite those being addressed are the collective of the Muslims, similar to His speech (swt): 'And the male thief and female thief cut off their hands' (Al-Maa’idah 38). And no individual has the right to enforce the punishment or to apply the Hadd punishment upon any violator unless he has been deputized on behalf of the Muslims as a whole or by a person the Khalifah in his role as the deputy of the Muslims has entrusted to undertake it. Therefore, it is the responsibility of the Khalifah to safeguard this section of the general public relationships and what this collective does as Allah (swt) has stated: 'And you have in Al-Qisaas life, O those of understanding, so that you may attain Taqwa' (Al-Baqarah 179)."
2)在对集体群体的描述中,关注集体群体的事务
2) Taking Care Of The Affairs Of The Collective Group In Their Description As A Collective Group:
众所周知,集体(即社会)需要建立并维护一些事务、设施或公共事业。这些事务已由真主(SWT)作为穆斯林集体性的责任而为穆斯林规定下来,真主(SWT)将其归于集体的管理者之责,而非个人的责任,也非某一群个人的责任。这类事务包括修建公共设施,如道路、城镇广场、学校和医院,此外还包括维护公共利益,如保障电报、邮政等通讯手段,开发并分配自然资源,其中包括开采自然资源、矿产、石油以及其他物资。这还包括管理财富和公共财产,以及与民众设施、公共事业和利益相关的其他事务。那么,个人是否可以从事这些事务?是否有义务去从事?他是否无需承担任何中央责任?这些事务是由穆斯林授权,还是由穆斯林的代理人(即哈里发)委派给他来负责管理的?当我们阐述个人的构成要素时,对这些事务的知识及其执行是否属于这些构成要素之内,是否构成其中的一部分?个人的正确与正直,是否能够规范这些关系,并确保这些公共事业和利益得到保障?还是必须存在一个机构或组织,由穆斯林所授权之人委派并托付,承担起管理这些事务、保障穆斯林公共事业的责任?
It is well known that the collective group (i.e. the society) requires affairs and facilities or utilities that must be established amongst them and taken care of. These have been made obligatory by Allah (swt) upon the Muslims in their description as a collective grouping and He (swt) has made it the responsibility of the caretaker of the collective and not from the responsibilities of the individual or the responsibility of a group of individuals. This is like bringing the public utilities like roads, town squares, schools and hospitals in addition to taking care of the interests like securing the means of communication like telegraphs and mail and the development of the natural resources and distributing them, which includes extracting the natural resources, minerals and oil amongst other materials. This also includes taking care of the wealth and public properties amongst other matters that relate to the facilities, utilities and interests of the people. So is it permissible for the individual or obligatory upon him to engage in the undertaking of these matters without holding any central responsibility over them. Have they been delegated on behalf of the Muslims or been delegated by the deputy of the Muslims (i.e. Khalifah) to undertake the caretaking of these matters? And when we present the components of the individual, then does knowledge over these matters and their undertaking fall within these components and do they represent a part of them? Does the correctness of the individual and his uprightness lead to the regulation of these relationships and does it lead to the securing of these utilities and interests? Or is it essential for there to exist a body or organ that has been delegated and entrusted by the one whom the Muslims have delegated and deputised in order to assume the responsibility of taking care of these affairs and to secure the Muslim utilities.
3)保护穆斯林内部与外部的安全:
3) Protecting the security of the Muslims internally and externally:
个人是否有责任承担内部安全的维护工作,从而扮演警察和司法机关的角色,追捕罪犯和违法者?还是有某个特定的机构承担这一职责?因为人们都知道,无论一个社会发展到何种水平、达到何等高度,总会有人违背人们所共同约定的习俗,以及由此制定用来规范其生活的法律。既然这种现实存在的可能性很高,就有必要设立一个特定的机构或组织,通过保障人民及其财产、财物、尊严和权利的安全与保护,在人们心中传播安宁与平静。这是关于内部安全的问题。至于外部安全,则称为“边防”(Himaayat Ath-Thugoor),即保护敌人可能发动攻击的边境地区。因为任何占据一片有明确边界的土地的政治实体,都会被其他实体所包围,这必然导致人民和社会生活中出现争端与对抗,进而可能引发战争和纷乱。正如有人所说:“如果你不是狼,你就会被狼吃掉。”因此,任何无法以某种方式保护其边界和要害之地的社会,都将被另一国家入侵、被邻国瓜分,或被迫服从其中某一国家的统治,而这是无法避免的。这是今天人们亲眼所见、可以切实感受的现实,历史上也一直如此,因为这就是人类与社会的本性。那么,作为政治实体的一员,个人是否有责任和能力组成军队,成为能够保卫该政治实体边境的力量? 如果情况是这样,那么这一点并不是通过考察个人的构成要素以及促成其正直与健全的因素而得出的。因此,负责维护内部安全、对外保卫边境的人,是穆斯林委托并授权代表他们承担其所托之事的人,这是就他们作为一个集体而言的。据此,他有责任筹备和准备负责维护内部安全的警察与安保机构或部门,也有责任筹备和准备军队以应对敌人。而这一责任的指向,则是穆斯林的集体,因为安拉(SWT)在对他们作为一个集体的描述中这样对他们发出了号召:
Is it the responsibility of the individual to undertake the safeguarding of the internal security? So that they assume the role of the police and the judiciary and chase after the criminals and those who go outside of the law? Or is there a specific organ or institution that assumes this role? This is because it is known that within any society whatever its level of elevation and the heights it reaches, that there will be those who violate what the people have agreed upon in terms of customs that have formulated laws that regulate their lives. And in the high probability of the existence of this reality, then it is necessary for there to be a specific body or institution present that spreads security and tranquillity within the hearts of the people by securing the safety and protection of them, their properties, possessions, dignities and rights. This in regards to the internal security and as for the external security, it is known as ‘Himaayat Ath-Thugoor’ )Protecting the areas where the enemy can attack from). This is because any political entity that occupies an area of land, with known borders, is surrounded by other entities and a natural result of that within the life of people and societies is for disputes and rivalries to occur, which could lead to the occurrence of wars and strife. It is like someone stated: ‘If you are not a wolf then you will be eaten by wolves’ so any society that is not capable of protecting its borders and vantage points by one means or another will be invaded by another state, divided amongst its neighbours or made to submit to the authority of one of them and there is no escaping from this. This is a sensed witnessed reality today as it has been throughout history, as this is the nature of people and societies. As such, is it from the individual’s components and makeup to be an army and to represent a force that is capable of protecting the borders of the political entity that he is a part of? If it is so, then this was not found in the study of the components of the individual and the factors that achieve his uprightness and soundness. Therefore the one responsible for safeguarding the internal security and protecting the borders externally is the one whom the Muslims have delegated and deputised on their behalf to undertake that which they have entrusted him with, in their description as being a collective grouping. As such he has the responsibility of preparing and readying the police and security institution or organ that safeguards the internal security and he is also responsible for the preparation and readying of the army and to deal with the enemy. This is whilst it is the collective grouping of the Muslims who have been addressed with this in their description as a collective grouping when Allah (swt) addressed them with:
4) 承担伊斯兰呼吁的责任:
4) The carrying of the Da’wah:
对于每一个意识形态社会,以及每一个持有某种思想或意识形态并信奉它的个人而言,这种思想不可能被囚禁在其持有者的内心之中。这是因为,意识形态在其内涵与根基之中,蕴含着传播它的义务,阐明向民众传达它的方式,以及在他们的现实生活中确立它的方式。这是因为,正如我们此前已经提到并阐释过的,这些正是任何意识形态的构成要素——我们曾说过,意识形态是一种从中衍生出制度的理性信念(ʿAqīdah),我们也曾说过,它是关于生活的一种思想(Fikrah),以及一种实施的方法(Ṭarīqah)。
In regards to every ideological society and indeed every individual who carries an idea or an ideology that he believes in, this idea will not be able to remain imprisoned within the one who holds it. This is because the ideology carries within its folds and indeed its bases the obligation to spread it and the explanation of the manner of carrying it to the people, in addition to the manner of establishing it in the reality of their lives. This is because these are the components of any ideology as we have previously mentioned and explained where we stated that the ideology is an intellectual Aqeedah from which a system emanates. And we have also stated that it is a Fikrah (thought) about living and a Tareeqah (method) of implementation.
思想(Fikrah)由以下部分组成:
The Fikrah(thought) comprises of:
a) 意识形态(Mabda')的 Aqeedah(信仰)。
a) The Aqeedah (belief) of the ideology (Mabda’).
b) 源自该意识形态的信仰(ʿAqīdah)、用以解决生活问题的各种方法或方案。
b) The treatments or solutions that emanate from the ideology’s Aqeedah that treat the problems of life.
c) 传播宣教(Da'wah),使人接受该思想体系并信仰它。
c) The carrying of the Da’wah to embrace the ideology and believe in it.
至于其实施与维护的方法(Tareeqah),我们已经说明,它包括以下几个方面:
As for the Tareeqah (method) for its implementation and its preservation then we have stated that this comprises of:
a) 保护或守卫信仰的基本教义(阿qeedah)。
a) The preservation or safeguarding of the Aqeedah of the ideology.
b) 实施其中所提出的每一种对策或解决方案的方式。
b) The manner of implementing every treatment or solution from amongst the solutions that it has come with.
c) 传达邀请给人们(或人类)的方式。
c) The manner of carrying the invitation to it to the people (or mankind).
承担执行穆斯林道路(Tareeqah)的律法(Ahkaam)、实施其治疗和解决方案、肩负宣教(Da’wah)的重任、将其传播给民众并带给全世界的职责,交由哈里发,以及他所任命、负责处理这些事务的机构或机关,他以穆斯林代理人的身份和地位承担此责。
The role of implementing the Ahkaam (rulings) of the Tareeqah, the implementation of its treatments and solutions, the undertaking of the burdens of the Da’wah, spreading it to the people and carrying it to the entire world is entrusted to the Khalifah and the institutions or apparatus that he appoints to deal with these matters, in his description and capacity as the deputy of the Muslims.