西方宪法规则的引入之尝试
The Attempt At Introducing The Western Constitutional Rules
伊斯坦布尔中心的情况是这样的:西方国家不满足于在大学和学校中腐蚀穆斯林的子女,也不满足于宣传,它们还把目标对准了国家本身,企图改变统治制度和伊斯兰教法的律例,将其废除,代之以西方的法律。为达到这一目的,它们采取了多种手段。1839年,阿卜杜勒-麦吉德一世即位哈里发,那时他年仅16岁,而拉希德帕夏当时正担任奥斯曼国驻伦敦的大使。他匆忙赶回伊斯坦布尔,被任命为外交大臣。他刚一上任,便开始鼓吹议会立宪制的统治制度。
As for the Istanbul Centre, the Western countries were not only satisfied with corrupting the Muslims children at universities and schools and through propaganda. They also focused on the State itself with the aim of changing the ruling system and the Shariah rules, by removing them and replacing them with Western laws. They pursued several styles to achieve this. In 1839, Abdul-Majid 1st acceded to the position of Khaleefah and he was only 16 years old, while Rashid Pasha was ambassador for the Ottoman State in London. He rushed back to Istanbul and was appointed foreign minister. He had no sooner taken up his post than he started campaigning for the parliamentarian constitutional ruling system.
他还宣布,他决心通过一部保障公民权利的宪法,将奥斯曼国提升到发达国家的水平,并宣布废除国家内最突出的弊端。拉希德帕夏轻而易举地获得了年轻苏丹对其计划的支持,宪法文件在完全保密的情况下被起草完成。
He also declared that he was determined to raise the Ottoman State to the level of a developed state through a constitution that would endorse the rights of the citizens, and he also declared the abolishment of the most prominent shortcomings within the State. Rashid Pasha managed easily to secure the backing of the young Sultan for his scheme, and the document of the constitution was prepared in total secrecy.
1839年11月3日,奥斯曼帝国高门(Sublime Porte)的所有重要人物、伊斯坦布尔居民的代表、欧洲各国臣民的代表以及外交使团成员,受邀前往位于政府大楼南侧、濒临马尔马拉海的一处看台,聆听名为“Kalkhanah”的尊贵诏令(Honourable Script)的宣读。宪政文件向他们宣读。文件中包含了大量欧洲式的规章,并试图对伊斯兰教给予一定的考虑。这是在国家体制中引入西方宪法法律的首次尝试。然而,这份文件始终只是纸上的墨迹,并未付诸实施。
On 3rd November 1839, all the leading personalities of the Sublime Porte, representatives of the residents of Istanbul, representatives of the States subjects in Europe and members of the diplomatic corps were invited to the stand situated on the southern side of the government house along the Marmara Sea to listen to a recitation of the Honourable Script known as Kalkhanah. The constitutional document was read to them. It contained a host of European rules with an attempt at giving some consideration to Islam. This was the first attempt at introducing the Western constitutional laws into the States system. However, this document remained mere ink on paper and was not implemented.
然而,1855年,欧洲各国,尤其是英国,迫使奥斯曼国家进行宪政改革。在这些国家的压力下,苏丹于2月1日颁布了一项改革法令。该法令后来被称为"胡马雍诏书"。苏丹在这份法令中确认了高贵诏书(即"花厅诏书")所赋予臣民的一切权利。
However in 1855 the European states, particularly Britain, pressed the Ottoman State to carry out constitutional reforms. Under pressure from these states, the Sultan issued on 1st February a bill of reforms. This bill became known as the Hemayun Script . The Sultan endorsed in this bill all the rights granted to the subjects in the Honourable Script known as Kalkhanah.
为基督徒设立了一系列具体的权利,例如:将民政事务交由一个由平民、神职人员及其他经民众直接选举产生的人员组成的特别委员会处理;不强迫皈依基督教的穆斯林重新信奉伊斯兰教,而是允许其拒绝伊斯兰教并信奉基督教信仰。兵役也被规定为基督徒与穆斯林一样须履行的义务,而此前兵役仅强制穆斯林承担。此外,还允许外国人在奥斯曼国家拥有土地。
A host of specific rights were designed for the Christians, such as referring the administration of civic matters to a Select Committee made up of civilians, clerics and others directly elected by the people, the non-coercing of the Muslim who embraces Christianity into returning to Islam, rather allowing him to reject Islam and embrace the Christian faith. The military service was to be made compulsory upon the Christians as it is compulsory upon the Muslims, whereas before, it had been exclusively compulsory upon the Muslims, and also allowing foreigners the ownership of lands in the Ottoman State.
这项法案引起了民众的强烈反对:穆斯林认为它与伊斯兰教法相抵触,而基督徒则对其实施心怀忧虑。尽管如此,欧洲各国仍以改革为借口推行该法案。然而,国家是伊斯兰国家,哈里发们无法着手实施这些宪法性法律。
This bill prompted a negative reaction from the citizens, for the Muslims deemed it contradictory to Shariah, while the Christians were apprehensive about its implementation. Nevertheless, the European states pursued it under the pretext of reform. However, with the State being Islamic, the Khulafa could not embark upon implementing these constitutional laws.
直到米德哈特帕夏的名字在政府圈子中变得显赫为止,情况一直如此。他深受西方思想浸染,并被西方文化所吸引。因此,他决定为国家制定一部符合西方思想的宪法,以取悦西方国家,并使国家能够与西方国家处于同等水平。
This was the case until the name of Midhat Pasha became prominent within the government circles. He was saturated with Western thoughts and seduced by Western culture. Hence, he decided to establish a constitution for the country that agreed with the Western thoughts in order to please the Western states and to allow the State to proceed on the same level as the Western states.
米德哈特帕夏尝试依照西方制度为国家起草宪法
Midhat Pasha's Attempt At Drafting A Constitution For The State From The Western Systems
米德哈特帕夏当时是穆罕默德·鲁什迪帕夏政府中的司法大臣,正值阿卜杜勒-阿齐兹哈里发在位期间。他努力说服阿卜杜勒-阿齐兹参照西方民主制度起草一部宪法。于是他写信给哈里发,敦促他通过为国家制定宪法来改变国家的现状。在信中,他先陈述了国家的腐败状况,随后写道如下内容:
Midhat Pasha was at the time minister of justice in Muhammad Rushdie Pashas government, during the Khilafah of Abdul-Aziz. He endeavoured to persuade Abdul-Aziz to draft a constitution from the Western democratic systems. So he wrote to him and urged him to redress the status quo of the State by establishing a constitution for it. Some of what he wrote in that letter, once he had given an account of the States corruption, was the following :
"陛下深知此病的有效治疗之道,在于根除其病因,而我们对这些病因再熟悉不过。若病因除去,病症也就随之消除。因此,若陛下颁布一份新的《胡马云诏书》,规定遵守法律与制度,使富人与穷人、长者与幼者在法律面前一律平等;若陛下将慈善机构归还其应有的主人,并将款项用于捐献者所指定的用途;若陛下将国家的管理权交还给崇高之门(政府),使其能够自行作出决议,再呈报陛下;若陛下不再独揽国家的财政与产业权利,国库不得在未经崇高之门同意的情况下支出一个皮亚斯特;若高级与初级文官的职责得以明确,大臣们须为其行为的后果承担责任,并且此项规定同样施行于陛下的亲属与私人侍从,那么在安拉(SWT)的襄助下,所期望的结果便可实现,国家也将走上陛下所希望的道路。 在将这封信呈递哈里发之前,米德哈特帕夏先将其提交政府,政府对此表示赞同,并同意由首相将此信呈递苏丹阿卜杜勒-阿齐兹。首相随即觐见苏丹,将信交给他。阿卜杜勒-阿齐兹阅读此信后勃然大怒,随即下令立即罢免米德哈特帕夏的政府职务,并任命他为萨洛尼卡省总督,以此将其疏远。"
...your excellency is well aware that the effective cure for this ailment will be to uproot its causes which we know too well. If the causes were removed, the ailment would be removed. Hence, if you were to issue a new Hamayunian Script in which you imposed the adherence to the laws and systems, the equality between rich and poor, and elderly and young in the eyes of the law; if you were to return the charitable institutions to their rightful owners and to spend the money on what the donors had pledged them for; if you were to hand the States authority back to the Sublime Porte (the government), so that it could adopt its resolutions and then submit them to your excellency; if you did not monopolise the States financial and proprietary rights and if the Treasury were not to spend a single piaster without the Sublime Portes consent; if the duties of the senior and junior civil servants were outlined and if the ministers were held liable for the consequences of their actions, and if this were to be implemented upon your relatives and private staff; if all of this were implemented, the desired result would be achieved with the help of Allah (swt) and the State would reach the path which your excellency desires. Prior to submitting the letter to the Khaleefah, Midhat Pasha tabled it to the government and they approved of it. They also agreed that the president should submit the letter to Sultan Abdul-Aziz. He duly met him and handed him the letter. Upon reading the letter, Abdul-Aziz became furious and issued his instructions to immediately dismiss Midhat Pasha from government and alienate him by appointing him Wali over Salonika.
然而,他在那里并没有停留多久,很快就返回了伊斯坦布尔。
However, he did not stay there for long and he soon returned to Istanbul.
阿卜杜勒-哈米德对米德哈特宪法的反对
Abdul-hamid's Opposition To Midhat's Constitution
由于这部宪法被视为民主制度,它由与伊斯兰教相抵触的库夫尔法律构成。既然这些条文本身与伊斯兰教相悖,一旦实施,就意味着废除哈里发制度,建立一个与欧洲任何其他国家相似的国家,例如比利时——这部宪法正是以比利时宪法为蓝本。因此,奥斯曼政府(Sublime Porte)没有实施它,阿卜杜勒-哈米德以及学者和杰出的穆斯林人士都反对它。
Since this constitution was considered a democratic system, it was composed of Kufr laws which contradicted Islam. Accordingly as the rules themselves contradicted Islam, had they been implemented, their implementation would have implied the abolishment of the Khilafah system and the establishment of a state similar to any other European state, such as Belgium for instance, whose constitution served as the source of this constitution. Thus the Sublime Porte did not implement it and Abdul- Hamid, as well as the scholars and prominent Muslim figures opposed it.
因此,奥斯曼政府开始回避实施宪法,也不再服从列强的要求。
In this way the Sublime Porte started to avoid implementing the constitution and submitting to the demands of the major powers.
阿卜杜勒-哈米德感觉到了英国的诡计与敌意,并且似乎还发现了她试图接触政府官员的企图。因此,他罢免了米德哈特帕夏的大维齐尔职务,并以犯下叛国重罪为由将其流放,因为米德哈特帕夏与英国人有所往来,并且是依赖西方国家政策的幕后推动者。各大国,尤其是英国,密切关注着奥斯曼国家,并推动执行米德哈特帕夏起草的宪法。的确,英国竭力想召开一次会议,以研讨巴尔干问题、奥斯曼国家及其国内改革。
Abdul-Hamid sensed Britains trickery and hostility and it seemed that he had also uncovered her attempts at contacting government officials. As a result of this he dismissed Midhat Pasha from his post as Grand Vizier and banished him for perpetrating the high treason, for Midhat Pasha was in contact with the British and he was behind the policy of relying on the Western states. The major powers, especially Britain were closely folowing the Ottoman State and they pursued the implementation of the constitution drafted by Midhat Pasha. Indeed, Britain endeavoured to hold a conference to investigate the issue of the Balkans, the Ottoman State and its domestic reforms.
1878年6月13日,柏林会议召开,与会的主要列强有英国、法国、俄国和德国。当时的英国首相迪斯累利是犹太人,他代表英国出席会议。俾斯麦则代表德国,在整个会议期间站在奥斯曼帝国一边,反对英国。
On 13th June 1878 the conference of Berlin took place, hosting the major powers, Britain, France, Russia and Germany. Disraeli, the Jew, was the British Prime Minister at the time and he represented Britain at the conference. Bismark meanwhile represented Germany and sided with the Ottoman State by opposing the British throughout the conference.
会议持续了四周,会议结束时通过了一系列决议,其中包括要求奥斯曼帝国在其制度中引入现代改革。然而,阿卜杜勒·哈米德对这些决议置之不理,而是将精力集中于训练军队。他开始镇压那些主张依靠西方国家的人,以及那些要求废除伊斯兰教、采用西方制度的人。这些思想的追随者被迫离开国家,在巴黎和日内瓦建立了他们的据点。
The meetings of the conference lasted for four weeks, at the end of which a host of resolutions, were adopted including a demand for the Ottoman State to introduce modern reforms to its system. However, Abdul-Hamid snubbed them and concentrated his efforts towards training his army. He started to crush those who called for the reliance on the Western states or who demanded the removal of Islam and the adoption of the Western system. The adherents of these ideas were forced to leave the country and establish their centres in Paris and Geneva.