第一百零七条
Article 107
每一位成年且心智健全的公民,无论男女,无论穆斯林还是非穆斯林,都有权成为乌玛议会或省议会的成员;非穆斯林成员的权限仅限于就统治者的压迫或伊斯兰法律的误用提出申诉。
Every citizen who is adult and sane, has the right to be a member of the Ummah Council or the Provincial Council, whether they are male, female, Muslim or non Muslim; the non-Muslim member is restriced to raising complaints regarding the oppression of the rulers or the misapplication of the laws of Islam.
任何持有国家公民身份的穆斯林,只要已成年且神志健全,无论男女,都有权成为乌玛议会的成员。这是因为乌玛议会没有统治的授权,它也不属于那则禁止女性担任统治者的圣训范畴之内。它实际上属于协商(Shura)和问责的范畴,而协商与问责是男女双方都享有的权利。在先知穆罕默德ﷺ受命的第十三年,也就是他迁徙的那一年,有七十五名穆斯林前来见他,其中有两名女性,他们都在第二次阿喀巴宣誓中向他效忠。这是一次关于战争与战斗的效忠宣誓,也是一次政治性的效忠宣誓。当他们全部完成宣誓后,他对他们所有人说:
Any Muslim who holds the citizenship of the State, provided he is mature and sane, has the right to be a member of the Ummah Council, irrespective of whether they were male or female. This is because the Council of the Ummah has no mandate to rule and it does not come under the narration that prevents the woman from becoming a ruler. It is rather within the issue of consultation (Shura) and accounting, which is a right for both men and women. In the thirteenth year of the Messenger of Allah (pbuh)’s Prophethood, in other words, in the year he emigrated, there came to him seventy-five Muslims, among whom were two women, and they all gave him the Second Bay’a of Al- ‘Aqaba, which was a Bay’a of war and fighting and a political Bay’a. Once they had all given their Bay’a, he said to all of them:
. » أَخْرِجُوا إليَّ مِنْكُمُ اثْ نَيْ عَشَرَ نَقِيباً يَكُون ونَ على قَ وْمِهِمْ « .
. » أَخْرِجُوا إليَّ مِنْكُمُ اثْ نَيْ عَشَرَ نَقِيباً يَكُون ونَ على قَ وْمِهِمْ « .
“从你们中间选出十二位首领(naqib,纳给布)来,由他们对自己和自己的人民负责。”这是艾哈迈德经由卡布·本·马立克转述的一段长篇圣训的一部分,是他对所有在场之人发出的命令,要求从全体在场者中推选。他既未specify男人,也未排除女人,无论是在选举者方面还是被选者方面。依据原则,绝对(mutlaq)的规定应按其绝对性理解,除非有证据加以限定;一般(‘aam)的规定也应按其普遍性理解,除非有证据加以特指。此处的言辞是绝对且普遍的。没有任何关于特指或限定的证据被转述,这表明先知ﷺ命令那两位女性参与推选纳给布,并赋予她们在穆斯林中被选为纳给布的权利。
“Choose from among you twelve leaders (naqibs) who will be responsible for themselves and their people.” This is part of a long narration reported by Ahmad through Ka’b Bin Malik and it is an order from him addressed to everyone, to elect from all who were present. He did not specify the men nor exclude the women, neither in regard to who would select nor to who should be selected. The mutlaq (unrestricted) rule should be taken as such, unless there is evidence that restricts it; and the ‘Aam (general) rule should also be taken as such, unless there is evidence that specifies it. In this case the speech was unrestricted and general. No evidence of specification or restriction has been reported, which indicates that the Messenger of Allah (pbuh) ordered the two women to elect the Naqibs, and gave them the right to be chosen as Naqibs from among the Muslims.
真主的使者ﷺ曾经坐下来向人们收取效忠宣誓(Bay'a),艾布·伯克尔(ra)和欧麦尔(ra)与他同坐,男人和女人都向他宣誓效忠。这次效忠宣誓是为了统治(权),而非为了伊斯兰,因为这些女性此前已经是穆斯林。在侯代比亚的里德万效忠宣誓之后,女性也向他宣誓效忠。真主(SWT)说:
The Messenger of Allah (pbuh) sat once to take the Bay’a from the people, with Abu Bakr (ra) and Umar (ra) sitting with him, and both men and women gave him the Bay’a. This Bay’a was one for ruling, and not on Islam, for the women were already Muslims. After the Bay’a of the Redhwan in Hudaybiyah the women gave him their Bay’a too. Allah (swt) says:
“哦,先知(ﷺ),当信道的妇女到你这里来,向你宣誓:不以任何物配主,不偷盗,不通奸,不杀害自己的子女,不以自己编造的诽谤来污蔑他人,在合理的事上不违抗你,你就接受她们的宣誓,并为她们向真主求饶。真主确是至宥的,至慈的。”(TMQ 60:12)
“O Prophet (phuh), when the believing women come to you pledging to you that they will not associate anything with Allah, nor will they steal, nor will they commit unlawful sexual intercourse, nor will they kill their children, nor will they bring forth a slander they have invented between their arms and legs, nor will they disobey you in what is right - then accept their pledge and ask forgiveness for them of Allah. Indeed, Allah is Forgiving and Merciful.” (TMQ 60:12).
这次宣誓也是关于统治的宣誓,因为《古兰经》中说这些妇女是信士,而宣誓的内容是她们不会在任何善事上违抗他。
This Bay’a was also a Bay’a on ruling, as the Quran states that the women were believers, and the Bay’a was that they would not disobey him in any good thing.
此外,妇女有权发表意见,也有权代表他人并被他人代表。原因在于她有权表达自己的意见,因此她可以选择自己的代表;而且,代理并不要求必须是男性,所以她有权代表选举她的人。
In addition to that, the woman has the right to represent and be represented in voicing an opinion. This is because she has the right to voice her opinion, so she can choose her representative; and moreover since deputyship does not necessitate being a man, she has the right to represent those who elect her.
也有记载证实,我们的导师欧麦尔(愿真主喜悦他)每当遇到问题时,无论是涉及伊斯兰教法规定,还是治理国家事务,或是国家的任何行政事务,都会征求穆斯林的意见。每当遇到难题,他便召集穆斯林到清真寺,男人和女人都召集来,并征求他们所有人的意见。当一位妇女在限定聘礼一事上反对他时,他便收回了自己的意见。
It was also confirmed that our master Umar (ra) used to seek the opinion of the Muslims when a problem faced him, whether it related to the rules of the Shari’ah or governing or any of the actions of the State. When a problem faced him he used to call the Muslims to the mosque, and he used to call the men and women, and seek the opinion of all of them. He withdrew his opinion when a woman opposed him regarding limitation of the dowry.
非穆斯林与穆斯林一样,有权在乌玛议会中获得代表,并且有权作为其选民的代表进入该议会,以便代表他们表达意见,就伊斯兰教律例被不当地施加于他们身上,以及统治者可能施加于他们的压迫,提出意见。这是因为安拉说:“如果你们不知道,就请问谙熟经典的人。”(TMQ 16:43)
Non-Muslims have the right, like the Muslims, to be represented in the Council of the Ummah, and to be representatives of their electorate in it, so as to express the opinion on their behalf regarding the misapplication of the rules of Islam upon them and the oppression of the ruler that might fall upon them. This is because Allah said “So ask the people of the message if you do not know.” (TMQ 16:43).
然而,非穆斯林不得就立法事务发表意见,因为伊斯兰立法源自伊斯兰信仰('Aqeedah)。它是一整套实践性的神圣律例,这些律例依据其详尽的证据推导而来,并依照伊斯兰信仰所规定的特定观点来处理人类的问题。非穆斯林所信奉的是一种与伊斯兰信仰格格不入、相互矛盾的学说,他对生命的看法与伊斯兰的观点相抵触,因此,在立法事务上不应征求他的意见。
However, non-Muslims would not be allowed to voice their opinion in matters related to legislation, because the Islamic legislation emanates from the Islamic belief ('Aqeedah). It is a host of practical divine rules deduced from their elaborate evidences, which treat human problems according to a specific viewpoint outlined by the Islamic belief. The non-Muslim embraces a doctrine that is alien and contradictory to the Islamic 'Aqeedah and his viewpoint about life contradicts the Islamic viewpoint and ,therefore, his opinion is not sought in matters of legislation.
非穆斯林同样无权选举哈里发,也无权参与选定哈里发候选人名单的筛选工作,因为他没有统治的权利。至于属于乌玛议会强制性职权范围内的其他事务,非穆斯林在这些事务上与穆斯林地位相同,同样可以就此发表意见。
The non-Muslim also does not have the right to elect the Khalifah, nor to participate in the short listing of the candidates from whom the Khalifah is to be elected, for he has no right in ruling. As for other matters that form part of the Ummah Council’s mandatory powers, he is just like the Muslim in these matters and in voicing an opinion regarding them.