这段文字开始概述关于人类生活的一些基本立法。其中一些涉及在一个实行神圣法律的穆斯林社会中保护生命,另一些则涉及保护该制度,使其免受任何可能破坏该社会中执行神圣法律的权威的叛乱。

This passage begins to outline some fundamental legislation concerning human life. Some of these are concerned with life protection in a Muslim community that applies Divine law. Others relate to the protection of the system against any rebellion that may seek to undermine the authority administering Divine law in such a society.

总而言之,这些措施旨在为穆斯林社群提供应有的保护,同时在以神圣指引为基础、由神圣律法统治的社会体系中,保障财产与私有财产。

All in all, these measures aim to provide proper protection for the Muslim community, as well as wealth and private property in a social set-up based on Divine guidance and ruled by Divine law.

这一段经文所规定的，是关于社会生活中这些重要方面的律法，它们占据了整段经文的全部内容。这段经文之前是一段引言，叙述了亚当两个儿子的故事。这个故事揭示了罪行的本质及其动机，显露了它丑陋的面目，表明必须与罪行抗争，并将其从伊斯兰社会的生活中彻底根除。

The legislation covering these important aspects of social life take up this whole passage, after an introduction relating the story of Adam’s two sons. This story exposes the nature of crime and its motives, and reveals its ugly face, showing the need to stand up to crime and to stamp it out of the life of Islamic society altogether.

它强调了惩罚罪犯以及消除犯罪动机的必要性。

It stresses the need to punish the criminal and to counter the motives for crime.

这个故事与本章随后所规定的律法和立法紧密相连,这一点似乎十分明显。一位善于思考的读者必然会感到,这个故事被安排在恰当的位置,发挥着重要的作用,并呈现出一种深刻的论证,能够触动读者的内心与理智。它由此使心灵和思想做好准备,去接受伊斯兰为危害人命、破坏公共秩序和侵犯私人财产的罪行所规定的严厉刑罚。这些刑罚应当在一个实行真主法度的伊斯兰社会中付诸实施。

The story appears to be firmly welded to the rulings and legislation that are subsequently detailed in this sūrah. A reflective reader is bound to feel that the story is given at the right place to fulfil an important function, and present a profound argument that penetrates the reader’s consciousness. It thus puts hearts and minds in the right frame to receive the severe penalties Islam legislates for crimes committed against human life, public order, and personal property. These must be put into effect in an Islamic society which implements Divine law.

伊斯兰社会在其生活的各个方面、各种关系与承诺上，都以神圣的宪法为基础，实施神的律法。由此，它为每个个人以及整个社会保障公正、稳定、安宁与必要供给等一切要素。它保护个人与社会，使其免受一切挑衅、压迫、不公与贫困等因素的侵害。

Islamic society runs all its life affairs, relations and commitments on the basis of the Divine constitution, implementing God’s law. Thus, it guarantees for every individual, and for the community as a whole, all elements of justice, stability, reassurance and needful provisions. It protects both the individual and the community against all factors of provocation, oppression, injustice and poverty.

把亚当两个儿子的故事真实地讲述给他们听：两人各自献上一份祭品，其中一人的祭品被接受了，另一人的却没有被接受。后者说："我必定杀你。"前者回答说："真主只接受敬畏者的祭品。即使你伸手来杀我，我也不会伸手去杀你，因为我敬畏真主，即全世界的主。我宁愿你把对我的罪孽加在你其他的罪孽之上，那样你就会注定进入火狱，因为这是不义者应得的报应。"他邪恶的灵魂驱使他杀害了自己的兄弟；他杀了他，于是成为了迷失者之一。真主随后派来一只乌鸦，它在地上刨土，向他示范如何掩埋兄弟的尸体，以遮盖其裸露之处。他叫道："哀哉我也！难道我连这只乌鸦所做的事都做不到，不能掩埋我兄弟的尸体吗？"于是他陷入了深深的悔恨之中。（经文27-31节）

Relate to them in all truth the story of the two sons of Adam: how each offered a sacrifice, and it was accepted from one of them while it was not accepted from the other. [The latter] said: ‘I will surely kill you.” [The other] replied: “God accepts only from those who are God-fearing. Even if lay your hand on me to kill me, I shall not lay my hand on you to kill you; for I fear God, the Lord of all the worlds. I would rather you should add your sin against me to your other sins, and thus you will be destined for the Fire; since that is the just retribution of wrongdoers.” His evil soul drove him to kill his brother; and he murdered him, and thus he became one of the lost. God then sent forth a raven which scratched the earth, to show him how he might conceal the nakedness of his brother’s body. He cried out: “Woe to me! Am I then too weak to do what this raven has done, and to conceal the nakedness of my brother’s body?” He was then overwhelmed by remorse. (Verses 27-31)

这个故事清楚地展示了邪恶的本质与毫无正当理由的侵略。它同时也展示了善良的本质，以及对所有人的和平态度。两个例子形成鲜明对比。这一罪行的恶劣结果让我们感到需要一部法律，以施加公正的报应，并在侵略者犯罪之前就加以制止。即便他们仍然犯下罪行，也必定会受到与其罪行相称的惩罚。因此，法律便能够保护善良的人，保障他们的生存权利。正是这样的人，应当在能够遏制犯罪、伸张正义的法律保护之下，感到安全和安心。

This story gives us a clear example of the nature of evil and totally unjustified aggression. It also gives us an example showing the nature of goodness and a peaceful attitude towards everyone. The two examples are set in clear contrast. The result is a sordid crime, which makes us feel the need for a legal code to impose just retribution and to stop aggressors even before they commit their crimes. If they, nevertheless, do commit crimes, they are certain to receive a punishment commensurate to their crimes. The legal code will thus be able to protect those who are good and ensure their right to live. It is indeed such people that should feel secure and safe under the protection of the law that deters crime and administers justice.

《古兰经》没有说明它所讲述的这个故事发生的时间和地点，也没有提及其中主要人物的名字。虽然有些传闻提到该隐和亚伯是故事中的两个儿子，并提到他们因争夺两位姐妹而产生的冲突的一些细节，但我们愿意仅就《古兰经》所叙述的故事作出评论，不增添任何细节。所有提及细节的传闻都有可疑之处，因为它们是由信奉早期宗教的人所传述的。这个故事在《旧约》中出现，并附有这些传闻中所给出的人名、地点和时间。与该故事有关、且经过核实确属可靠的唯一一段圣训，并未给出任何细节。在这段圣训中，阿卜杜拉·本·麦斯欧德引述先知ﷺ的话说：“每一个被不义地杀害的灵魂，其罪责都有一份落在阿丹的长子身上，因为他是第一个犯下杀人罪的人。”我们对这个故事所能说的只是：它发生在人类的童年时期，是第一起冷血的谋杀。凶手不知道死者应当埋葬。

The Qur’ān does not specify the time or place of the story it relates. Nor does it mention the names of its main characters. Although reports mention the names of Cain and Abel as the two sons involved in the story, and although these reports mention some details about the conflict between them over two of their sisters, we prefer to confine our comments to the story as it is related in the Qur’ān, without adding any details. All reports mentioning details have an element of doubt, in the sense that they are given by people who follow earlier religions. The story is mentioned in the ‘Old Testament with details of names, place and time, as given in these reports. The single ĥadīth which refers to the story and has been verified as authentic does not give any details. It is a ĥadīth in which `Abdullāh ibn Mas`ūd quotes the Prophet as saying: “For every soul that is killed unjustly, a share of responsibility is borne by the first son of Adam, who was the first to commit murder.” All that we can say about this story is that it took place during humanity’s childhood stage. It was the first cold-blooded murder. The perpetrator did not know that dead people should be buried.

在经过这一切劝诫与规劝，以及完全平和、温和的方式之后，邪恶的灵魂占了上风，罪行终于犯下。他的邪恶灵魂能够克服一切阻碍，使他对杀人的念头更加无法抗拒。于是他杀害了自己的亲兄弟，从而注定了自己的毁灭：“于是他成为了失败者之一。”（第30节）他失去了一切，因为他使自己走向毁灭，也失去了本应成为他朋友与支持者的兄弟。他还失去了今世，因为杀人者在今生永远无法获得幸福。毫无疑问，他也失去了后世，因为他在先前的罪孽之上又添加了新的罪过。

After all this admonition and persuasion, in a perfectly peaceful and gentle approach, the evil soul prevailed and the crime was committed. His evil soul was able to override every hindrance and made him less resistant to the thought of killing. Thus, he killed his own brother, only to be doomed: “Thus he became one of the lost.” (Verse 30) He lost all as he brought himself into ruin, and lost his brother who should have been his friend and support. He also lost his world, since a murderer can never be happy in life. Most certainly, he lost his future life as he added his new sin to his earlier ones.

他罪行的可怖，以最具体、最有形的样子呈现在他眼前。

The ghastliness of his crime was made to appear to him in its most physical shape.

他兄弟的尸体开始腐烂，其裸露的状况变得无法忍受。

The dead corpse of his brother started to rot and its nakedness became intolerable.

尽管他是杀人者，他很快就意识到了自己的无能为力，因为他不知道如何遮盖他兄弟尸体的裸露。他在鸟类中连乌鸦都不如："真主便派遣一只乌鸦来刨地，向他示范如何遮盖他兄弟尸体的裸露。他哭喊道：'我真可悲！难道我竟无能到连这只乌鸦所做的都做不到，无法遮盖我兄弟尸体的裸露吗？'于是他被悔恨所淹没。"（第31节）

Murderer as he was, he was soon made to realise his powerlessness, as he did not know how to conceal the nakedness of his brother’s corpse. He was weaker than a raven among birds: “God then sent forth a raven which scratched the earth, to show him how he might conceal the nakedness of his brother’s body. He cried out: ‘Woe to me! Am I then too weak to do what this raven has done, and to conceal the nakedness of my brother’s body?’ He was then overwhelmed by remorse.” (Verse 31)

有一些传闻提到，曾有两只乌鸦，其中一只杀死了另一只。

Some reports suggest that there were two ravens and one of them killed the other.

其他一些记载表明，乌鸦发现了一只死去的乌鸦，或者把死去的那只带了过来，于是开始刨地，把死乌鸦埋了起来。凶手照《古兰经》所述表达了自己的感受，并喜欢看到乌鸦的这种做法。显然，那个凶手从未见过有人埋葬死者。

Other reports suggest that the raven found a dead raven or brought the dead one with him and started to scratch the earth and buried the dead one. The murderer expressed his feelings in the way reported in the Qur’ān and liked what he saw the raven do. It is clear that the murderer had never seen a dead man being buried.

否则，他本会自然而然地埋葬他的兄弟。这可能是因为被杀的兄弟是亚当的子女中第一个在地上死去的人，也可能是因为凶手还年轻，从未见过埋葬的情形。这两种情况都有可能。看来他的懊悔也并非出于悔罪。

Otherwise, he would automatically have buried his brother. This may have been because the murdered brother was the first of Adam’s children to die on earth, or maybe because the killer was still young and had never seen a burial before. Either case is probable. It also appears that his remorse was not one of repentance:

该章接着通过讲述这个故事的深刻寓意，促使人们对为处理此类罪行而制定的立法产生积极的回应。这项立法达到了双重目的：既削弱杀人的动机，又在此类罪行发生时确立公正的惩罚："因此，我为以色列的后裔规定：凡杀一个人，若不是为了报复杀人或在地上作恶，就如同杀了全人类；凡救活一个人，就如同救活了全人类。我的使者们已经带着明证来到他们中间，但即便如此，他们中的许多人仍在地上肆意作恶。"（第32节）

The sūrah then makes use of the profundity of relating this story by enhancing a positive response to the legislation enacted to deal with such a crime. The legislation achieves the dual purpose of weakening the motive to commit a murder and establishing the just punishment for such a crime whenever it takes place: “Because of this did We ordain to the Children of Israel that if anyone slays a human being, for anything other than in punishment of murder or for spreading corruption on earth, it shall be as though he had slain all mankind; and that if anyone saves a human life, it shall be as though he had saved all mankind. Our messengers brought them clear evidence of the truth, but despite all this, many of them continue to commit all manner of excesses on earth.” (Verse 32)

这类人确实存在，他们对平和、善良、既不怀恨在心也不对他人抱有恶意的人施加侵害。对于本性邪恶的人而言，劝诫与警告或许毫无作用。

This type of person exists and aggression is committed against peaceful and good- natured people who harbour neither grudges nor ill-feelings towards others. A reminder and a warning may achieve nothing with those who have an evil nature.

仅仅采取和平的态度，未必足以防止侵略。尽管如此，杀害一个人这一可怕的罪行被视为极其严重、极其卑劣，以至于等同于杀害全人类的罪行。另一方面，努力防止杀戮、保全一个人的生命，则被视为一件伟大的善行，等同于拯救全人类。赐给以色列后裔的律法就包含了这一原则，即把任何一个人的生命等同于所有人的生命。生存的权利适用于所有人。因此，杀害一个人就是对生存权利的侵犯，而在这项权利上，所有人都是平等的。同样，制止谋杀、保全一个人的生命，无论是通过保护可能遭受攻击的受害者，还是对凶手施以死刑以防止另一起谋杀，都是在维护适用于所有人的基本生命权。

Adopting a peaceful attitude may not be sufficient to prevent aggression. For all this, the ghastly crime of killing one person is considered so grave and so sordid that it is equated with the crime of killing all mankind. On the other hand, efforts to prevent killing and to spare the life of one person are considered a great action, equal to saving all mankind. The law given to the Children of Israel included this principle which equates the life of any human being with every life. The right to live is applicable to all. Hence, killing one person is an aggression against the right to live in which all people stand equal. Similarly, preventing murder and sparing the life of one person, either through defending the would-be victim or inflicting the death penalty on the killer in order to prevent the murder of another, is to save the basic right of life applicable to all.

需要说明的是，这一规定适用于伊斯兰之地中的人，无论其是否为穆斯林，只要他们生活在伊斯兰政权的统治与保护之下。至于身处敌视伊斯兰之地的人，除非他们与伊斯兰之地已缔结和约，否则其生命和财产都得不到保护。这一立法原则应当牢记。我们还应记住，伊斯兰之地是伊斯兰律法统治并得以实施的地方，而敌对之地则是不实施伊斯兰律法的地方。

It should be clarified here that this rule applies to people in the land of Islam, whether Muslim or not, as long as they are living under the rule and protection of the Islamic authority. As for those who are in a land hostile to Islam, neither their lives nor their properties are protected unless they have concluded a peace treaty with the land of Islam. This legislative rule should be well remembered. We should also remember that the land of Islam is that in which the rule of Islam prevails and Islamic law is implemented. The hostile land is that which does not implement Islamic law.

该章规定了这些邪恶分子所犯罪行的刑罚。这在伊斯兰法典中被称为对对抗伊斯兰之罪的惩罚："凡与真主及其使者作对，在大地上作恶的人，他们的报应只是被杀，或被钉死，或使他们的手和脚交错被砍，或被放逐出境。这是他们在今世所受的凌辱，他们在后世还要受重大的刑罚；但在你们制服他们之前悔罪的人，不在此例。你们应当知道，真主是至赦的，是至慈的。"（第33-34节）

The sūrah lays down the punishment for the crime that such wicked elements commit. This is known in the Islamic legal code as the punishment for waging war against Islam: “It is but a just punishment of those who make war on God and His Messenger, and endeavour to spread corruption on earth, that they should be put to death, or be crucified, or have their hands and feet cut off on alternate sides or that they should be banished from the land. Such is their disgrace in this world, and more grievous suffering awaits them in the life to come; except those who repent before you overpower them. For you must know that God is Much-Forgiving, Merciful.” (Verses 33-34)

该立法条文所指的罪行，是反抗实施伊斯兰教法的穆斯林统治者。叛乱者聚集成群，宣布脱离该统治者的权威。他们使生活在穆斯林土地上的穆斯林社群感到恐惧，并对其生命和财产施加侵害。一些学者还规定，这种行为必须发生在统治者权威所及范围之外的地区。另一些学者则认为，只要此类叛乱者开始聚集，并以武力侵害伊斯兰地区的人民，无论他们身在何处，本条法律规定都适用于他们。

The crime to which this legislative statement refers involves rebellion against a Muslim ruler who implements the laws of Islam. The rebels gather in a group renouncing the ruler’s authority. They cause fear among the Muslim community living in the Muslim land and they commit aggression against their lives and property. Some scholars also make it a condition that this should take place away from the areas where the ruler’s authority is enforced. Others suggest that the very fact that such rebels begin to gather and use force in aggression against the people of the land of Islam, makes this legal provision applicable to them wherever they are.

这可能更为实际，因为伊斯兰教采取的是一种务实的态度。

This is probably more practical, because Islam adopts a pragmatic approach.

这样的叛乱者不仅是在与统治者或社群作战，他们实际上是在向真主和祂的使者ﷺ开战，因为他们对抗真主的律法，对执行该律法的社群发起攻击，并威胁到实施该律法的土地。如此一来，他们也在大地上传播腐败。没有比阻止神圣律法的实施、并在实行神圣律法的土地上散布恐惧更严重的腐败了。

Such rebels do not merely fight the ruler or the community, but they make war on God and His Messenger, since they fight God’s law, wage an assault against the community implementing it and threaten the land where the law is implemented. By doing so, they also spread corruption on earth. There is no worse corruption than the attempt to prevent the implementation of Divine law and to spread fear in a land where Divine law is applied.

的确，此类叛乱者是在与真主及其使者为敌，虽然他们确实不是用刀剑与真主作战，也不是与已经去世的使者作战。但他们与穆斯林统治者和穆斯林群体作战，实际上就是在与真主作战，因为他们阻挠真主的法律，并阻止其实施。

It is true that such rebels make war on God and His Messenger, although they surely do not fight God with their swords, and they do not fight His Messenger who has passed away. But by fighting the Muslim ruler and the Muslim community, they actually make war on God as they obstruct His law and prevent its implementation.

关于穆斯林统治者能否在这些刑罚中任选其一，还是每一种刑罚都须按具体案情施行，学者们的看法大相径庭。按照哈乃斐、沙斐仪和罕百利三个教法学派的观点，这些刑罚应依所犯罪行而定。杀人而未夺取任何财产的叛乱者处以死刑；夺取财产而未杀人的，则截断其肢体。两种罪行皆犯者，处以死刑并钉十字架。若叛乱者只是散布恐慌，既未杀人，也未夺取财产，则予以流放。

Scholars have widely different views on whether a Muslim ruler may choose any of these punishments or whether each punishment is implemented in a particular case. According to the Ĥanafī, Shāfi`ī and Ĥanbalī schools of Islam law, these punishments are ordered according to the crime committed. A rebel who kills without taking any property is put to death, while another who has taken property without killing has his limbs cut off. A person who has committed both crimes is put to death and crucified. A rebel who helps spread fear but has neither killed anyone nor taken any property, is banished.

根据伊玛目马立克的观点,作乱者若已杀人,则必须被处死。穆斯林统治者无权选择施行较轻的刑罚,即砍断他的肢体或流放他。他唯一的选择是以国家所选定的方式处死他,或将他钉十字架。如果他夺取了穆斯林的财产但没有杀人,则不能将他流放。统治者可选择的是杀死或钉十字架,或砍断他的肢体。如果他参与散布恐惧,统治者拥有全部四种选择,并可依其裁量行事。如果罪犯是叛乱的组织者之一,那么砍断肢体可能不足以作为足够的惩罚,他应当被处死或钉十字架。如果他是以体力协助叛乱的人,那么砍断肢体是恰当的惩罚。如果他两者皆不是,则应实施较轻的刑罚,即将他放逐。

According to Imām Mālik, a rebel who has killed must be killed. The Muslim ruler does not have a choice to enforce the lesser punishments of cutting off his limbs or banishing him. The only choice he has is either to put him to death by a method chosen by the state or to crucify him. If he has taken the property of Muslims but without killing anyone, he cannot be banished. The choices open to the ruler are to kill or crucify him or to cut off his limbs. If he has helped to spread fear, the ruler has all four choices and he may use his discretion. If the culprit is one of the organisers of rebellion, then cutting off his limbs may not be an adequate enough punishment. He should be either killed or crucified. If he is one who helps the rebellion with his physical strength, then cutting off his limbs is the appropriate punishment. If he is of neither type, then the lesser punishment of sending him into exile should be implemented.

我们更倾向于支持伊玛目马立克的观点，尤其是其后半部分的意见，即使仅仅是叛乱和散布恐惧，也可以执行惩罚。这使穆斯林统治者有权采取先发制人的行动，以防范任何叛乱。因此，那些威胁伊斯兰领土上穆斯林社群安全的人，将面临严厉的惩罚，因为穆斯林社群最有资格首先享有和平与安全。

We are more inclined to support Imām Mālik’s views, especially the latter part which makes the punishment enforceable even in the case of mere rebellion and of spreading fear. This gives a Muslim ruler the right to take pre-emptive action to forestall any rebellion. Those who threaten the security of the Muslim community in the land of Islam, thus, face a stern punishment because the Muslim community is the first to deserve to live in peace and security.

学者们对"放逐叛乱者"的含义也存在分歧:他们应当被驱逐出犯罪所在的土地,还是被驱逐出他们享有自由的土地?若是后一种理解,那就意味着囚禁。或者说,他们应当被驱逐出整个大地,这意味着应当处死?我们的倾向是,应当将他们从犯罪所在的土地驱逐到一个令他们感到孤独和软弱的地方。这使他们所受的惩罚与其罪行性质相同,因为其罪行本身就包含散播恐惧。

神塑造人类社会的一个重要特点是：它不单单依靠立法手段。它当然会以法律条文作为武器，用以威慑那些只畏惧法律力量的人。事实上，它主要依靠教化行动，来磨平人性格中的棱角。它为人的灵性提供引导，建立起一个能助长善的种子生长、不给有害杂草留下肥沃土壤的社会。前面的经文谈到了对严重罪行的严厉惩罚。然而，在列明刑罚以确保其威慑作用之后，本章转而触动人的良知与灵魂，旨在加强信仰，并增强人对神所应尽义务的自觉。它号召人们寻求正确的途径，趋近神所喜悦的事物，并为主道而努力奋斗，以期获得成功。

An important feature of the Divine method of moulding human society is that it does not rely solely on legislative action. It certainly arms itself with legal provisions in order to deter those who only fear the force of the law. Indeed, it relies primarily on educative action which smoothes over the rough edges of people’s characters. It provides guidance to the human spirit as it establishes a society that helps the seeds of goodness to grow and gives harmful weeds no fertile soil. The previous verses spoke of very stern punishments for serious crimes. However, once the punishments are outlined, so as to ensure their deterrent effect, the sūrah addresses people’s consciences and spirits, aiming to strengthen faith and consciousness of one’s obligations towards God. It urges people to seek proper ways of moving nearer to what pleases God and to strive hard in His cause, so that they may be successful.

这一点伴随着对不信者的警告，以及对来世中不信者所将遭遇之事的生动描述。

This is coupled with a warning against disbelief and a vivid description of what awaits disbelievers in the Hereafter.

信士们啊！你们当敬畏真主，努力寻求接近祂的途径，并为祂的事业而奋力拼搏，以便你们获得成功。如果不信道者拥有地上的一切，并且再加上同样多的财富，用来作为赎金以免去复活日的刑罚，也不会被接受。他们将遭受痛苦的刑罚。他们将想要从火狱中出来，但他们不能出来。他们将遭受持久的刑罚。（第35-37节）

Believers, fear God and seek the means to come closer to Him, and strive hard in His cause, so that you may be successful. If those who disbelieve had all that is on earth and as much besides to offer as ransom from the suffering of the Day of Resurrection, it would not be accepted from them. Theirs shall be a painful suffering. They will wish to come out of the Fire, but they shall not come out of it. Theirs shall be a long-lasting suffering. (Verses 35-37)

伊斯兰的方法运用了人性的各个方面。它触及人的内心灵魂，关注他内在的动机，激励人顺服真主，阻止人违抗。其首要目标是使人性保持正direction，防止其偏离正道。惩罚只是诸多方法中的一种，它不是唯一的方法，也不是被当作要追求的目的。

The Islamic approach makes use of all aspects of human character. It addresses the innermost soul of man and touches on his inner motives as it motivates man to obey God and deters him from disobedience. The prime aim is to keep human nature upright and to prevent it from deviation. Punishment is only one of many methods to be used. It is not the only method, nor is it treated as an aim to be pursued.

这部分经文以亚当两个儿子的故事开始，这一故事尤其发人深省。随后概述了严厉的惩罚，呼吁人们敬畏真主，并时刻牢记他们对祂所负的义务。

This part of the sūrah starts with the story of Adam’s two sons, which is particularly inspiring. It is followed by an outline of stern punishments calling on people to fear God and to remain conscious of their obligations towards Him:

接下来是关于盗窃惩罚的律例：“盗窃的男人和女人，你们当割断他们的手，作为他们所犯罪行的报应，也是真主所定的刑罚。真主是万能的，是至睿的。但盗窃者在作恶之后悔罪并且改过自新，真主必定赦宥他。真主确是至赦的，确是至慈的。你难道不知道吗？天地的主权是真主的，他惩罚他所意欲惩罚的人，赦宥他所意欲赦宥的人。真主是全能的。”（经文38-40节）

This is followed by a legislation outlining the punishment for theft: “As for the man or the woman who is guilty of stealing, cut off their hands in requital for what they have wrought, as an exemplary punishment ordained by God. God is Almighty, Wise. But whoever repents after having thus done wrong, and makes amends, shall have his repentance accepted by God. God is Much-Forgiving, Merciful. Do you not know that to God belongs the kingdom of the heavens and the earth? He punishes whom He wills and forgives whom He wills. God has power over all things.” (Verses 38-40)

在伊斯兰社会的土地上，穆斯林社会为所有居民提供保障，无论他们信奉何种宗教，使任何心智健全的人都不会产生偷窃的念头。它保证了良好的生活、完善的教育以及公平的分配制度。同时，它使私有财产只能通过合法途径获得，并赋予其有益的社会作用。那么，一个善良的人为何还会产生偷窃的念头呢？当穆斯林社会已提供了这一切之后，理应对盗窃规定极为严厉的惩罚，因为盗窃既是对私有财产的侵犯，也是对社会安全的冒犯。然而，这种严厉的态度也有其限度：当犯罪事实或犯罪者存疑时，刑罚的执行即告停止。该制度赋予被告充分的权利以证明自己无罪，从而确保除非罪行被证明无疑，否则无人会受到惩罚。

Muslim society provides for all inhabitants of the land of Islam, whatever faith they may have, enough to keep any thought of stealing far from any healthy mind. It guarantees good living, proper education and a system of fair distribution. At the same time, it makes private ownership the result of only legitimate means, and assigns to it a beneficial social role. Why, then, should any good person entertain any thought of stealing? When Muslim society has provided all this, it is only fair that it should prescribe a very stern punishment for theft, which represents an aggression on private ownership and the security of the community. This strong approach, however, is qualified by the fact that the enforcement of punishment is blocked when there is doubt as to the crime or its perpetrator. It provides all rights to the accused to prove his innocence so that no one is punished unless proven guilty beyond doubt.

剩下要说的是,伊斯兰制度是一个完整统一的体系。若不理解这一制度的本质、它的基本原则及其保障,我们便无法正确理解其立法细节背后的智慧。此外,伊斯兰制度的各项细节不应脱离整个体系而单独实施。我们不能仅仅取出伊斯兰教的某一条法律条文或某一项原则,便试图将其移植到非穆斯林的社会环境中。这样的尝试是徒劳无益的。对伊斯兰法的这种零散式的部分实施,不能被视为对伊斯兰教的实施,因为伊斯兰教无法被零敲碎打地实施。伊斯兰教拥有一套完整的体系,在全面实施时会影响生活的方方面面。这同样适用于关于盗窃的立法,也适用于伊斯兰法的一切条款。

What is left for us to say is that the Islamic system is a fully integrated one. We cannot properly understand the wisdom behind particular point of detail in its legislation unless we understand the nature of this system, its basic principles and its guarantees. Moreover, details of the Islamic system should not be implemented in isolation of the rest of the system. We cannot simply take one legal provision or one principle of Islam and try to implement it in a non-Muslim social set-up. Such an attempt is useless. Such partial implementation of Islamic law cannot be considered an implementation of Islam, because Islam cannot be implemented piecemeal. Islam has a complete system which affects all aspects of life when implemented. This applies to the legislation regarding theft as well as to all provisions of Islamic law.

鉴于在实施伊斯兰法的地方，我们已经解释了对盗窃施以如此严厉刑罚的理由，并且该制度提供了公正与公平分配的一切保障，也为所有人提供了保护的手段，我们有必要就这一刑罚与穆斯林社会中盗窃罪的适宜性说几句话。

Having explained the reasons for imposing such a stern punishment for theft in the land where Islamic law is implemented, providing all guarantees of justice and fair distribution as well as the means of protection for all, we need to say a word about the suitability of this punishment to the crime of theft in a Muslim community.

当一个人想到偷窃时，他实际上想的是以损害他人为代价来增加自己的财产。他觉得自己通过正当途径所赚取的太少，因此希望以不正当的方式来增加收入。他自己劳动所得不能满足他的贪欲，他想要显得富有，或者使自己处于无需工作的境地，或者确保自己将来过上舒适的生活。简言之，偷窃的动机是为了增加自己的收入或财富。伊斯兰教针对这一动机规定了砍断窃贼手或脚的刑罚，因为这样的惩罚会显著削弱窃贼的劳动能力，减少他的收入和财富。当窃贼依照伊斯兰教受到惩罚时，他炫耀的能力会大大受限，他努力工作的需要会更加迫切。此外，他对未来的担忧也会大得无法估量。

When someone thinks of stealing, he actually thinks of increasing what he owns at the expense of someone else. He feels that what he earns legitimately is too little for him and, therefore, he wishes to add to it in an illegitimate way. The fruits of his own labour do not satisfy his greed and he wants to appear to be wealthy or to get himself in a position where he does not need to work or where he is assured of a comfortable life in future. In short, the motive for stealing is to increase one’s income or one’s wealth. Islam counters this motive by prescribing the punishment of cutting off the thief’s hand or leg, since such a punishment will markedly decrease the thief’s ability to work and reduce his income and wealth. When a thief is punished according to Islam, his ability to show off is greatly curtailed and his need to work hard is much greater. Moreover, his worry about his future is infinitely greater.

由此可见,伊斯兰法律通过规定斩断窃贼之手的刑罚,以更强有力的心理因素来抵制盗窃的心理动机,从而抗拒偷窃的诱惑。若有人仍然经不住诱惑而犯下盗窃罪,刑罚的严厉性将对他产生持久的影响,也将使他不再重蹈覆辙。

We see, then, that by prescribing the punishment of cutting off a thief’s hand, Islamic law counters the psychological motives of theft with even stronger psychological factors which resist the temptation to steal. If a person, nevertheless, yields to temptation and is guilty of stealing, the severity of the punishment will have lasting effects on him, which will also prevent him from repeating the offence.

这是伊斯兰对盗窃罪惩罚的基础。这确实是自人类被创造以来，惩治此罪的最佳基础。

This is the basis for the Islamic punishment of theft. It is indeed the best basis for punishing this crime, ever since the creation of mankind.

大多数法律制度都以监禁来惩处盗窃行为，但这种惩罚在整体打击犯罪、尤其是打击盗窃方面，已明显失败。之所以失败，是因为监禁并不能在心理上对窃贼产生任何促使其放弃偷窃的影响。它也不会妨碍他工作和谋生，除了服刑期间之外：在狱中，他的基本需求已得到满足，因此无需谋生；而刑满释放后，他又可以回去工作。

Most legal codes punish theft with imprisonment, a punishment that has failed miserably in combating crime in general and theft in particular. This failure is due to the fact that imprisonment does not strengthen any psychological influence on a thief to turn him away from stealing. It does not prevent him from work and earning except for the duration of his time of imprisonment, when he has no need to earn since his basic needs are met. When he is discharged, he can go back to his work.