第182条
Article 182
绝对禁止任何个人、政党、团体或组织与外国进行往来。对外关系只能由国家独自负责,因为国家在实际上拥有管理乌玛事务的唯一权力。乌玛可以就对外关系要求国家进行问责。
It is absolutely forbidden for any individual, party, group or association to have relations with a foreign state. Relations with foreign countries are restricted to the State alone because the State has the sole right of governing the affairs of the Ummah practically. The Ummah can account the State regarding foreign relations.
其证据是先知的话语ﷺ:
Its evidence is the words of the Prophet :
.» الإِمَامُ رَاعٍ وَهُوَ وَمَسْؤُولٌ عَنْ رَعِيَّتِهِ «.
.» الإِمَامُ رَاعٍ وَهُوَ وَمَسْؤُولٌ عَنْ رَعِيَّتِهِ «.
“伊玛目(统治者)是一位监护人,他要为其臣民负责”(布哈里从阿卜杜拉·本·欧麦尔引述),沙里亚赋予统治者一项实际的责任,即管理事务,这项责任只约束统治者本人。因此,臣民不得代行统治者的职权,穆斯林中任何人也不得代行统治者的职权,除非他依照沙里亚被任命去做此事:若他是哈里发,则经民众效忠宣誓而获任命;若由哈里发任命,或由哈里发的助手或总督任命,而这些人已被授予任命之权。任何未经效忠宣誓任命、也未经哈里发任命的人,都不得参与乌玛国内或国际事务的实际管理。
“The Imam (ruler) is a guardian and he is responsible for his subjects” (reported by Al-Bukhari from ‘Abd Allah (swt) b. Umar), and the Shari’ah gave the practical undertaking of the governing of the affairs which would be binding to the ruler alone, and so it is not permitted for the subjects to carry out the actions of the ruler and it is not permitted for any of the Muslims to carry out the actions of the ruler unless they were appointed to do that according to the Shari’ah, either through a pledge of allegiance from the people if he was the Khalifah, or by appointment from the Khalifah, or from one of his assistants or governors whom had given the right to make appointments. Anyone who had not been appointed through the pledge of allegiance, and had not been appointed by the Khalifah, is not permitted to undertake anything from the practical governing of the affairs of the Ummah, domestically or internationally.
在此必须从证据的角度,以及证据所适用的现实来阐明这一规定。至于证据,立法者(沙里亚)只将权威授予统治者一人,治理民众的职责也只交给统治者一人;先知ﷺ说:
It is imperative here that this rule is clarified from the angle of the evidence, and the reality upon which the evidence applies. As for the evidence, the authority has been given by the Shari’ah to the ruler alone and governing the people has been left to the ruler alone; the Messenger (pbuh) said:
. مَنْ كَرِهَ مِنْ أَمِيرِهِ شَيْئًا فَلْيَصْبِْْ عَلَيْهِ، فَإِنَّهُ لَيْسَ أَحَدٌ مِنْ النَّاسِ خَرَجَ مِنْ ال سلْطَانِ « » شِبْرًا فَمَاتَ عَلَيْهِ إِلاَّ مَاتَ مِيتَةً جَاهِلِيَّة .
. مَنْ كَرِهَ مِنْ أَمِيرِهِ شَيْئًا فَلْيَصْبِْْ عَلَيْهِ، فَإِنَّهُ لَيْسَ أَحَدٌ مِنْ النَّاسِ خَرَجَ مِنْ ال سلْطَانِ « » شِبْرًا فَمَاتَ عَلَيْهِ إِلاَّ مَاتَ مِيتَةً جَاهِلِيَّة .
“凡是厌恶其领袖(Amir)所做之事的人,应当对此忍耐,因为任何人若背离统治者的服从,哪怕只有一拃之距,并在此状态中死去,便是死于蒙昧时代(Jahiliyya)的死亡。”(一致公认的圣训,出自伊本·阿拔斯的传述)因此,对他的反叛即是对权威的反叛,而在这种情况下,唯有他才拥有权威。先知ﷺ说:
“Whoever dislikes a thing done by his leader (Amir) should be patient over it, for anyone from the people who withdraws (his obedience) from the government, even to the extent of a handspan and died in that conditions, would die the death of one belonging to the days of Jahilliyya.” (agreed upon from the narration of Ibn ‘Abbas), and so it made rebellion against him rebellion against the authority, and consequently in that case he is the one who alone possesses the authority. The Messenger (pbuh) said:
. كَانَتْ بنَُو إِسْرَائِيلَ تَسُوسُهُمْ الأَ نْبِيَاءُ، كُلَّمَا هَلَكَ نَبِِ خَلَفَهُ نَبِِ ، وَإِنَّهُ لا نَبَِِّ « » بعَْدِي، وَسَيَكُونُ خُلَفَاء .
. كَانَتْ بنَُو إِسْرَائِيلَ تَسُوسُهُمْ الأَ نْبِيَاءُ، كُلَّمَا هَلَكَ نَبِِ خَلَفَهُ نَبِِ ، وَإِنَّهُ لا نَبَِِّ « » بعَْدِي، وَسَيَكُونُ خُلَفَاء .
“banu Isra'il 由先知们统治。每当一位先知去世,便有另一位先知接替他;但在我之后不会再有先知,只会有哈里发(Khulafaa')。”(双方公认的圣训,出自艾卜·胡莱赖者)其意思是穆斯林由哈里发统治,因此统治穆斯林者已被明确指定。由此可以理解:除埃米尔(Amir)之外,其他人不具有权威,除哈里发之外,其他人不得统治。这说明事务的治理只属于统治者,而非其他任何人。此外,先知ﷺ的行为也表明,他本人即是权威,并以国家元首的身份行使对民众的统治;他还任命了那些承担权威性职务或统治民众之职责的人。因此,他在自己外出参加任何一次战役时,任命了留守麦地那的代理人;并任命了省长、法官、税务征收员,以及负责分配水源、估算果实产量(以便征税)等事务的人员,诸如此类。这一切都证明,权威以及对民众的统治,仅限于统治者,即哈里发及其所任命之人,埃米尔及其所任命之人。所谓权威,是指对民众事务实行具有约束力的治理;而先知ﷺ圣训中所说的“被统治”(ruled by),正是指对民众实行具有约束力的管理。在此基础上可以得出:治理民众事务是一种具有约束力的治理;换言之,承担统治者职责的权力仅限于统治者,因此任何其他人绝对不得擅自承担,因为伊斯兰教法将权威以及照管民众事务之权授予了哈里发及其所任命之人。 因此,如果除了哈里发或其所任命的人之外,还有其他人执行统治和权威的行为,并自认为有权统治民众,那么他的行为便与伊斯兰教法相违背,被视为无效;而每一项无效的行为都是被禁止的(哈拉姆)。所以,除哈里发或其所任命者之外,即除统治者之外,任何人都不得进行任何统治和权威方面的行为。因此,他不能以具有约束力的方式处理民众的事务,换言之,他无权统治民众,因为这属于统治者的职能,除统治者外任何人都不得执行。
“Banu Isra'il were ruled over by the Prophets. When one Prophet died, another succeeded him; but after me there is no Prophet and there will be Khulafaa'” (agreed upon from the narration of Abu Hurayrah), and its meaning is that the Muslims are ruled by the Khulafaa’, and, therefore, the one who rules the Muslims has been specified. The understanding from this is that other than the Amir would not be an authority and that other than the Khulafaa’ do not rule. This is evidence that the governing of the affairs is for the ruler alone and not for anyone else. Additionally, the action of the Messenger (pbuh) shows that he was the authority, and undertook the ruling of the people with it by his characteristic of being the Head of State, and he was the one who appointed whoever would undertake the actions of authority or the actions of ruling the subjects. So he appointed the one who would take his place in Madinah whenever he went out for any of the battles, and he appointed the governors, judges, money collectors, and whoever undertook an interest such as distributing water, estimating the amounts of fruit (for tax purposes), and so on. This is all evidence that the authority and ruling the people is restricted to the ruler, in other words, to the Khalifah and whoever the Khalifah appointed, to the Amir and whoever the Amir appointed. The authority is the governing of the affairs of the people that is binding upon them, and ruling the subjects is reported in the words of the Messenger (pbuh) : “were ruled by”, which is the governing of the people that is binding upon them. Built upon this is that governing the affairs of the people is a binding governance; in other words, the undertaking of the responsibility of the ruler is restricted to the ruler, and so it is completely forbidden for anyone else to undertake it, since the Shari’ah gave the authority and looking after people’s affairs to the Khalifah and whoever he appoints. So if anyone other than the Imam or those appointed by him carries out the actions of ruling and authority, and takes upon themselves ruling the people, their action contradicts the Shari’ah and is considered to be void, and every void action is forbidden (Haram), and so it is not permitted for anyone other that the Khalifah or who he appointed, in other words, other than the ruler, to undertake any action of ruling and authority. Consequently, he does not undertake the governing of the affairs of the people in a binding manner, in other words, he does not rule the people, since this is from the actions of the ruler and it is not permitted for anyone other than the ruler to carry it out.
从证据的角度来看;而从现实的角度来看,一个群体对某些事务进行具有约束力的管理,属于民主统治的理念。民主统治由各种机构构成,其中最高的是内阁,也就是政府,但还有其他机构同样对某些事务进行具有约束力的管理,或者说在某个特定领域进行统治。例如,有各种工会,律师工会对律师的职业事务进行管理,这种管理对他们具有约束力,因此在特定事项上对他们拥有权威;它授予他们执业的权利,批准对他们实施的任何惩罚,为他们设立退休基金,以及国家为其所设定的、与法律职业相关的其他统治和权威行为,其裁决与内阁的裁决一样得到执行,并无任何差别。医生工会以及其他各类工会也是如此。这就是证据在国家内部所适用的现实。在国际层面,一些民主国家允许反对党与其他国家进行沟通,并赋予其在不执政期间与这些国家进行谈判的权利,它还可以与其他国家就两国关系相关事务达成协议,待其上台后予以执行。这就是证据在国际事务方面所适用的现实。
This is from the angle of the evidence; as for from the angle of the reality, the undertaking of governing some of the affairs in a binding manner by a group is from the understanding of the democratic rule. The democratic rule is made up of institutions, the highest of which is the cabinet, in other words, the government, but there are others who carry out governing some of the affairs in a binding manner, or in other words, undertake ruling in some particular area. For example, there are unions, so the lawyers’ union undertakes governing the affairs of the lawyers in their professional capacity, and this is binding upon them and so they have authority over them in specific issues; it grants them the right to practise law and signs off on any punishments upon them, and sets up a retirement fund for them, and other things that are from the actions of ruling and authority which the State appointed to it in regards to the legal profession, and its judgement is implemented just like the judgement of the cabinet without any difference. This is the same with the doctors’ union and the rest of the unions. This is the reality upon which the evidence applies with respect to within the State. Internationally, some of the democratic countries permit the opposition party to communicate with other states, and gives it the right to conduct negotiations with those states while it is not ruling, and it has agreements with other states regarding issues connected to the relationships between the two states that they will implement once they get into power. This is the reality upon when the evidence applies with respect to international affairs.
因此,工会等组织在国内以具有约束力的方式管理部分事务,政党等组织在国际上以具有约束力的方式处理部分事务,这一现实在伊斯兰教中是绝对不被允许的。这是因为治理民众的权力与职责只授予哈里发或埃米尔一人,或授予哈里发、埃米尔所指定的人,因此,任何其他人都不得承担其中的任何一件事务,因为这与沙里亚相违背。
Therefore, this reality which is that some institutions such as syndicates undertake governing some of the affairs domestically in a binding manner, and some institutions such as the political parties undertake some of the affairs internationally in a manner which is binding, is not at all permitted by Islam. This is because the authority and undertaking ruling of the people has been given to the Khalifah or Amir alone, or to whom the Amir or Khalifah appointed, and so it is not permitted for anyone else to undertake a single issue from it since this would contradict the Shari’ah.
此外,以具有约束力的方式承担事务的治理,即是对民众的统治权;而统治权是一种必须在双方之间缔结的契约,或在乌玛与哈里发之间,或在埃米尔与委任他的乌玛之间,或在哈里发或埃米尔与其所委任之人之间。凡承担事务治理而没有统治权契约者,其行为无效;而每一项无效的行为,毫无例外都是哈拉姆(禁止的)。因此,以具有约束力的方式承担事务的治理是无效的;依此理解,政党和乌玛中的个人与任何外国国家建立关系,若该关系包含被视为以具有约束力的方式承担乌玛事务之一的治理,则是被禁止的,这便是本条的依据。
Additionally, undertaking the governing of the affairs in a manner that is binding is a governorship over the people, and governorship is a contract that must be concluded between two sides, either between the Ummah and the Khalifah, or between the Amir and the Ummah who appointed him, or between the Khalifah or Amir and who they appointed. Whoever undertakes the governing of the affairs without a contract of governorship, then his action is invalid, and every invalid action is forbidden (Haram) without any difference. Therefore, undertaking the governing of the affairs in a manner which is binding would be invalid, and from this understanding it is forbidden for political parties and individuals in the Ummah to have any relationship with any foreign state in which that relationship would include what would be considered as undertaking the governing of an issue from the issues of the Ummah in a binding manner, and this is the evidence for this article.