第七条 - 《哈里发国草案宪法》 | Quran Course

第七条 - 《哈里发国草案宪法》 | Quran Course

此外,遵守根本的命令本身就包含遵守枝节的命令,遵守整体的命令也包含遵守部分的命令;因此,礼拜的义务包含叩头、诵读、站立等义务。非穆斯林受命遵守根本,因此他也有义务遵守枝节。至于非穆斯林的某些枝节功修不被接受,例如礼拜和斋戒,这是因为皈依伊斯兰是其被接受的条件之一;所以,在条件未满足之前,这些功修不会被接受。然而,这并不意味着这些功修对他们没有义务。至于他们不被命令履行某些不以皈依伊斯兰为条件的枝节功修,例如圣战,这是因为圣战是为了其不信而与不信者作战,而齐米(受保护的非穆斯林)本身就是不信者。因此,他不可能因他人的不信而与不信者作战;否则,他就等于被允许与自己作战。所以,他没有义务履行圣战。然而,如果他愿意与某个不信者作战,这一行为会被接受。但他不会被强迫履行圣战,而这并不意味着安拉(SWT)没有命令他履行圣战。

Furthermore, the commandment to abide by the foundation is in itself a commandment to abide by the branch, and the commandment to abide by the whole is a commandment to abide by the part; so, the obligation to pray entails the obligation of the prostration, the recitation, the standing and so on. The disbeliever is commissioned to abide by the foundation; thus, he is obligated to abide by the branch. As for the non-acceptance of some branches from the disbelievers, such as prayer and fasting, this is because the embracing of Islam is one of the conditions of acceptance; thus, they would not be accepted until the condition is fulfilled. However, this does not mean that it is not obligatory upon them. As for the fact that they are not commanded to perform certain branches that embracing Islam is not a condition for such as Jihad this is because Jihad is fighting the disbeliever for their disbelief, and the Dhimmi is a disbeliever. Thus, it is inconceivable for him to fight the disbelievers due to their disbelief; otherwise, it would be permitted for him to fight himself. Therefore, he is not obligated to perform Jihad. However, if he accepts to fight a disbeliever, it will be accepted of him. However, he will not be forced to perform Jihad and this does not mean that he is not commanded by Allah (swt) to perform it.

“[他们是]爱听谎言、贪食非法之物的人。所以他们若来求你，［穆罕默德啊］，你可以在他们之间裁决，也可以不理他们。”（TMQ 5:42）这段经文的意思是：如果有人从国外来到伊斯兰国，请求穆斯林为他与另一个或另外几个异教徒之间的争端进行仲裁，那么在这种情况下，穆斯林可以选择在争议双方之间作出裁决，也可以拒绝这样做。这是因为该经文是针对那些与安拉的使者ﷺ媾和并签订条约的麦地那犹太人而降示的。当时他们以部落的形式生活，被视为其他国家，并不处于伊斯兰的统治之下，而是独立的其他国家。因此，先知ﷺ才与他们签订了条约。然而，如果他们处于伊斯兰的统治之下，例如成为齐米人（Dhimmi），或者作为寻求庇护者而来，那么用伊斯兰以外的法律在他们之间进行裁决就是被禁止的。拒绝接受伊斯兰律法裁决的人，统治者将强迫他接受，并会因此惩罚他。

“[They are] avid listeners to falsehood, devourers of [what is] unlawful. So if they come to you, [O Muhammad], judge between them or turn away from them.” (TMQ 5:42), this means that if one were to come to the Islamic State from abroad seeking the arbitration of the Muslims in a dispute with another disbeliever or other disbelievers, the Muslims in this case are given the choice of either judging between the disputing parties or declining to do so. This is since the verse was revealed concerning those whom the Messenger of Allah (pbuh) had made peace with and signed treaties with from among the Jews of Madinah who were living as tribes and they were considered as other states. They were not under the authority of Islam; rather, they were other states. Thus, he had signed treaties with them. However, if they were under the authority of Islam, such as the Dhimmi, or if they came as asylum seekers, it would be forbidden to judge between them by other than Islam. The one who refused to refer to the rule of Islam, would be forced to by the ruler and the ruler would punish him for it.

“伊本·纳瓦哈和伊本·乌萨尔作为穆萨delay·蔡ب的使者来见安拉的使者（愿主福安之），穆萨delay是那个说谎者。安拉的使者（愿主福安之）对他们说：‘你们作证我是安拉的使者吗？’他们说：‘我们作证穆萨delay是安拉的使者。’于是安拉的使者（愿主福安之）说：‘我信安拉和他的使者。我以安拉和他的使者的名义给你们以保障。如果我要杀使者，我早就杀了你们两个。’阿卜杜拉说：‘圣行的先例是使者不被杀。’（由艾哈迈德转述，海赛米判定为有效良好）。因此，这段圣训表明，杀害异教徒的使者是不被允许的，对他们也不得执行刑罚（呼杜德）。然而，这只适用于具有使者身份的人，例如大使、代办等。至于那些不具有使者身份的人，例如领事、商务参赞等，他们则不享有豁免权，因为他们不具备使者的身份。这一问题应当参照国际公约来确定，因为这是一个术语性的表述，其实际含义应通过研究公约来理解，它也是确立“现实情况”（Manat）的一部分；换言之，即确定他们是否被视为使者。”

“Ibn Nawwaha and Ibn Uthal came to the Messenger of Allah (pbuh) as Musaylima envoys - the liar - and the Messenger of Allah (pbuh) said to them “Do you bear witness that I am the Messenger of Allah (pbuh)?” They said “We bear witness that Musaylima is the Messenger of Allah (pbuh).” Upon this the Messenger of Allah (pbuh) said: I believe in Allan and His Messengers. “I give you security by Allah and His Messenger. If I were to kill an envoy I would have killed the two of you”Abdullah said: the precedent of the sunna is that envoys are not killed.” (reported by Ahmad and declared Hasan by Al- Haythami). So, this narration indicates that it is not permitted to kill the envoys of the disbelievers and nor to apply the punishments (Uqubat) upon them. However, this is exclusively applicable upon those who have the capacity of an envoy such as the ambassador and the “Chargé d'affaires” and the like. As for those upon whom the capacity of an envoy does not apply such as the Consul and the Commercial Attaché and the like, they would not have any immunity for they do not have the capacity of an envoy. This matter should be referred to the international convention because it is a terminological expression whose reality should be understood by way of looking into the convention and it is part of establishing the Manat (reality); in other words, establishing whether they are considered envoys or not.