第十条
Article 10
所有穆斯林都应当承担起伊斯兰教的责任。伊斯兰教中没有神职人员,国家应当禁止在穆斯林中出现任何此类人员的迹象。
All the Muslims should bear the responsibility of Islam. There are no clergymen in Islam and the State should prohibit any sign of their presence among the Muslims.
虽然穆ජ塔希德(Mujtahid,独立推理的法学家)都是学者,但并非每位学者都必然是穆జ塔希德,因为学者可能是穆జ塔希德,也可能是穆盖利德(Muqallid,遵循者)。若穆斯林要为了行动而采纳某条沙里亚律例,则需要加以考虑:如果他从穆జ塔希德处获取该律例,那么他此时是在效仿该穆జ塔希德;如果他从非穆జ塔希德处获取,那么他是从其所取之人那里学习该律例,而并非效仿此人;然而,如果穆斯林是为了学习而获取该律例,那么无论他从穆జ塔希德还是非穆జ塔希德处获取,他都是在学习该律例。因此,这些学者——无论是穆జ塔希德还是其他人——都不是神职人员,因为他们中没有任何人有权认定或禁止任何事物,就沙里亚的每一条律例而言,他们与其他穆斯林无异。无论他们在知识、伊జ提哈德(Ijtihad,独立推理)和声望方面地位多高,都不应在沙里亚律例上使自己与其他穆斯林有所区别。因此,对他人而言为哈拉姆(Haram,禁止)的事物,不会因此对学者而言变得允许;对他人而言为瓦吉布(Wajib,义务)的事物,也不会因此对他而言变成曼杜卜(Mandub,推荐)。他就像其他任何一个穆斯林个体一样。所以,基督徒所持的神职人员观念在伊斯兰教中并不存在。神职人员的概念是基督教特有的,因为神职人员确实会为信徒认定和禁止律例。因此,将这一术语用于穆斯林学者,可能会给人一种印象,仿佛把基督教的概念套用到了穆斯林学者身上,而事实上穆斯林学者并不允许或禁止任何事物。所以,将“神职人员”一词用于穆斯林学者是不恰当的。
Although Mujtahids are scholars, however not every scholar is necessarily a Mujtahid since a scholar could either be a Mujtahid or a Muqallid (imitator). If the Muslim were to take the Shari’ah rule in order to act upon, then, it requires some consideration: if he took the rule from a Mujtahid, he in this case would be emulating the Mujtahid. If he took it from a non-Mujtahid, he would be learning that rule from the person he had taken it from, and he would not be emulating him. However, if the Muslim was to take the rule in order to learn it, he would be learning the rule irrespective of whether he took it from a Mujtahid or a non Mujtahid. Therefore, these scholars - whether Mujtahids or otherwise - are not clergymen since none of them has any right to legitimise or prohibit anything and they are just like any other Muslim regarding every single Shari’ah rule. None of them should distinguish himself from the rest of the Muslims in anything with regards to the Shari’ah rules regardless of how high his rank is in terms of knowledge, Ijtihad and respect. Hence, what is Haram for others does not become allowed for the scholar and nor does the Wajib upon others become Mandub (recommended) for him. He is rather like any other individual Muslim. Therefore, the idea of clergymen held by Christians has no existence in Islam. The concept of clergymen is specific to Christians because a clergyman does legitimise and prohibit rules to them. Thus, attributing such a term to the Muslim scholar might give the impression of attributing the Christian concept to the Muslim scholars despite the fact that Muslim scholars do not allow and nor do they prohibit anything. Therefore, it is not fitting to attribute the term of clergyman to a Muslim scholar.