信道的人们啊!你们要做维护正义的坚定者,为真主作证,即使这作证对你们自己、父母或亲属不利。无论那人是富有还是贫穷,真主对他们的权利都比你们更优先。所以不要顺从私欲而偏离公正。如果你们歪曲真相,或拒绝主持公道,那么真主确实知道你们所做的一切。(第135节)
Believers! Be ever steadfast in upholding equity, bearing witness to the truth for the sake of God, even though it be against yourselves, or your parents and kin. Whether the person concerned be rich or poor, God’s claim takes precedence over [the claims of] either of them. Do not, then, follow your own desires, lest you swerve from justice. If you distort [the truth] or decline to do justice, then [know that] God is indeed aware of all that you do. (Verse 135)
这是对信士们的一段宣谕,它借助信士们新的、独特的地位来说话,这一地位确保了他们这一群体的真正新生。的确,他们经历了灵魂、原则、观念与目标的重生。他们被赋予了一份新的托付,被委以一项新的使命,这使他们成为人类的领导者,并要求他们在所有人之间维护公正。因此,以他们作为信士这一事实来称呼他们,具有特别的重要性。正因为他们是信士,他们才被预备去承担与这一最伟大托付相称的责任。
This is an address to the believers, using their new and unique status which ensures a true rebirth of their community. Indeed, they have enjoyed a rebirth of souls, principles, concepts and goals. They have been given a new trust and assigned a new task which places them as mankind’s leaders and requires them to maintain justice among all people. Hence, addressing them by the very fact of their being believers is of special importance. It is because they are believers that they are being prepared to fulfil the duties commensurate with this greatest of trusts.
在此,我们看到《古兰经》审慎的教育方法正在全面运作,为穆斯林群体担负艰巨的责任做好准备:"你们应当为真主而坚持正义,作证公道,纵然对你们自己,或对父母、亲属不利。无论被证者是富是贫,真主对他们俩都比你们更有权利。"(第4章第135节)他们所被托付的使命,是在任何情况下都维护绝对意义上的公正。这种公平能够防止世上任何地方的侵略与压迫。它保障人与人之间的正义,使每一个人,无论穆斯林还是非穆斯林,都获得其应有的权利。在获得公正的权利上,所有人,无论信道者还是不信道者,在真主面前都是平等的,正如我们在麦地那那位犹太人的事件中所看到的那样。
Here we see the wise Qur’ānic method of educating the Muslim community in full operation, preparing the addressees for their difficult duties: “Be ever steadfast in upholding equity, bearing witness to the truth for the sake of God, even though it be against yourselves, or your parents and kin. Whether the person concerned be rich or poor, God’s claim takes precedence over [the claims of] either of them.” (Verse 135) The trust they have been assigned is to maintain justice, in its absolute sense, in every situation. It is the sort of fairness which prevents aggression and oppression anywhere on earth. It guarantees justice between people, giving everyone, Muslim or non-Muslim, their rights. In their entitlement to justice, all people, believers and unbelievers, are equal in God’s sight, as we have seen in the incident involving the Jewish man in Madinah.
同样,亲属与陌生人、朋友与敌人、贫者与富者,都受到绝对的平等对待。
Similarly, relative and stranger, friend and foe, poor and rich are treated with absolute equality.
“你们要始终坚持公正,为了真主而作证,即使对自己或父母、近亲不利。”(第135节)这是一项应当履行的责任,是直接面向真主、为了真主而行的。
“Be ever steadfast in upholding equity, bearing witness to the truth for the sake of God.” (Verse 135) This is something to be done, dealing directly with God and for His sake.
它不是为了任何被作证之人的缘故,无论是支持还是反对他。它也不是为了服务任何个人、团体或群体的利益。它不考虑任何特定案件的具体情况。它是为了真主(神)而作的见证,不掺杂任何私欲、偏见、利益或顾虑。
It is not for the sake of anyone else for or against whom a testimony is given. Nor is it to serve the interests of any individual, group or community. It is not something that takes into account the circumstances of any particular case. It is a testimony given for God’s sake, free of any desire, prejudice, interest or consideration.
“即使与你们自己,或你们的父母、亲属相违背也罢。”(第135节)在这里,古兰经的教育方法是要让人首先与自己的私欲相对立,其次与自己对父母和亲属的情感相对立。这是一项非常艰难的任务,远比口头宣说它,或从理论上理解它的意义要困难得多。将其付诸实践与在脑海中想象它所包含的内容,完全是两回事。只有亲身去努力践行的人,才能真正理解其中的艰难。尽管如此,古兰经的方法仍然为信士们的内心预备了这项艰巨的任务,因为这条准则必须被落实:律例必须被宣布,而人们必须遵守它。
“Even though it be against yourselves, or your parents and kin.” (Verse 135) At this point, the Qur’ānic method of education tries to place a person firstly in opposition to himself and secondly against his feelings towards his parents and kin. This is a very difficult task, much more difficult than stating it verbally or understanding its significance theoretically. To put this into practice is totally different from having a mental picture of what it involves. It is only the person who tries to do it practically that can understand its difficulty. Nevertheless, the Qur’ānic method prepares the hearts of believers for this hard task, because it must be put into effect: the rule must be stated and human individuals must abide by it.
《古兰经》还要求人违背自己的天性与社会情感。这种情况包括:被作证反对的人贫穷,使人心生同情并想要帮助他,因而在作证时有所偏袒;或者,其社会背景承袭自往昔,使证人倾向于反对他。反之亦然:当当事人富有时,社会的考量、他自身的傲慢或其他行为,可能会促使人为他作证或反对他作证。所有这些情感在现实中遇到时都会产生拉力。《古兰经》希望我们面对这一切情感,因为它要让我们做好准备,即使是站出来反对自己、或反对自己的父母和亲属,也要坚持公正。
The Qur’ān also puts a person in opposition to his natural and social feelings. This when the person against whom one testifies is poor, claims our sympathy and help in his testimony or when his social background inherited from earlier days encourages witnesses to speak against him. The same applies in reverse. When a person involved is rich, social considerations or his own arrogance or other behaviour may encourage a testimony for or against him. All such feelings have their pull when encountered in reality. The Qur’ān wants us to face all such feelings as it prepares us to stand against ourselves or our own parents and relatives.
“无论所涉之人是富是穷,真主的权利都优先于他们二者的权利。”(第135节)正如我们屡次说过,这是一项艰巨的任务。伊斯兰促使信士攀登这样的高峰,实际上造就了一种奇迹般的局面,而这种局面,只有在这一伟大的神圣制度之下才可能实现。
“Whether the person concerned be rich or poor, God’s claim takes precedence over [the claims of] either of them.” (Verse 135) It is a hard task, just as we have said, time and again. When Islam pushed the believers to scale those heights, it produced in reality a miraculous situation, one which can never be fulfilled except under this magnificent Divine system.
“所以,你们不要顺从私欲,以免偏离公正。”(第135节)
“Do not, then, follow your own desires, lest you swerve from justice.” (Verse 135)
欲望有多种类型,其中一些前面已经提到过。对自己、自己的直系亲属及其他亲戚的爱,是一种欲望;在作证或仲裁时同情穷人,也是一种欲望。对富人表示殷勤或敌视,是另一种欲望。在作证或判决的情况下,偏袒自己的宗族、部落、社群、民族或祖国,是一种欲望;偏袒自己的敌人(即便他们是我们信仰的敌人),同样是一种欲望。欲望还有许多其他形式,真主禁止我们受其中任何一种的影响,以致偏离真理与公正。
Desires are of different types, some of which have already been mentioned. Love of oneself, one’s immediate family and other relatives is one type of desire, as is sympathy with a poor person when giving testimony or arbitrating. Being courteous or hostile to a rich person is another type of desire. In a situation of being a witness or making judgement, taking sides with one’s clan, tribe, community, nation or motherland is one desire, as is taking sides against one’s enemies, even though they are enemies to our faith. Desires have many other forms and God prohibits that we be influenced by any one of them in such a way that we deviate from truth and justice.
经文以明确的警告作结,告诫人们不要在作证时歪曲真相:"如果你们歪曲事实,或者拒不秉公,那么,真主确是洞察你们所作所为的。"(第135节)对于一个信士来说,只要想到真主看见他所做的一切,便足以体会这一警告的严重性,并为其含义而战栗。我们不可忘记,这段经文是对真正信仰的人说的。
The verse concludes with a clear warning against twisting the truth in one’s testimony: “If you distort [the truth] or decline to do justice, then [know that] God is indeed aware of all that you do.” (Verse 135) It is sufficient for a believer to remember that God sees what he does to realise the seriousness of this warning and to tremble at what it means. We must not forget that this is addressed to people who really do believe.
`Abdullāh ibn Rawāĥah被先知ﷺ派往海巴尔,去估算那里土地的产量。先知ﷺ与海巴尔的居民达成了协议,约定他们继续耕种那里的土地,以其产出的一半作为回报。
`Abdullāh ibn Rawāĥah was sent by the Prophet to Khaybar to estimate the produce of its land. The Prophet had concluded arrangements with its people by which they would continue to cultivate the land there in return for half its produce.
另一半归麦地那的穆斯林所有。哈proper犹太人试图贿赂伊本·拉瓦哈,希望他给出有利于他们的评估。他对他们说:“我是从我最爱的人那里来到你们这里的。另一方面,我厌恶你们,甚至比厌恶同等数量的猴子和猪还要厌恶。然而,我对他的爱和对你们的恨,不会使我对你们不公正。”他们说:“正是基于这样的公正,天地才得以兴盛。”他是一个在先知ﷺ的学校里、在先知ﷺ亲自监督下完成学业的人,遵循着那独特的神圣课程。他只是一个普通人,经历了那最艰难的考验并成功完成。他和许多其他人一样,实现了只有通过这种教育才可能达到的奇迹。
The other half belonged to the Muslims in Madinah. The Jews in Khaybar tried to bribe Ibn Rawāĥah in order that he should give them a favourable estimate. He said to them: “I have come to you from the person whom I love most. On the other hand, I dislike you more than I dislike your equivalent number of monkeys and pigs. Yet my love of him and hatred of you will not cause me to be unfair to you.” They said: “It is on the basis of such fairness that the heavens and earth are set to prosper.” He was a man who had completed his education in the Prophet’s school and under his own supervision, following that unique Divine curriculum. He was simply a human being who went through that hardest of experiences completing it successfully. He achieved, like many others, the miracle that is possible only through that sort of education.
此后数百年过去了,人类历史上那个特殊时期早已远去。如今,图书馆里收藏着大量关于法律各个方面的书籍。生活中充满了司法制度、法律程序和各种技术性细则。关于正义的论述汗牛充栋,许多卷帙浩繁的著作讨论着冗长的法律程序。各类理论、行政机构和不同类型的制度,都被用来规范这一切。然而,真正正义的切实体验、在实践中见证正义,并使其达到最高境界,只有在伊斯兰的理念与实践制度之下才得以实现。它最先在那个特殊时期得以彰显,当时正处于巅峰。此后,一代代人在实行伊斯兰教法的土地上延续了它,由那些坚守这一信仰的心灵,以及生活在伊斯兰教之下、遵循其教导的个人与群体,将其传承下去。
Centuries then passed by after that special period in human history. Libraries are now the home of numerous books on all aspects of the law. Life is full of judicial systems, legal procedures and technicalities. Much has been said about justice, and many volumes speak about lengthy legal procedures. Theories, administrative authorities and systems of different types are available to regulate all this. But the proper experience of real justice, seeing it in practice and achieving its highest level has only been possible under the Islamic approach and practical system. It was seen first during that special period when it was at its zenith. It was then fulfilled by successive generations in the land where Islam was implemented, by hearts committed to this faith and through individuals and communities living under Islam and according to its teachings.
这一事实,那些推崇现代法律程序与完善法律体系的人必须真正予以认识。他们常常认为,与久远年代中那种简单的制度相比,今天的这些制度更有利于实现正义。他们觉得,今天的程序比那种遥远而简朴的形式更加严密、控制更加到位。然而,这一切不过是一种假象,那些被规模与形式所迷惑的人才会信以为真。他们没有认识到这样一个真相:正是神圣的制度,尽管其体制与程序十分简单,却达到了那样最高的公正标准。在今天,纵然已经引入了种种新的制度与程序,它也是唯一能够达到同样高标准的制度。
This fact must be truly appreciated by those who admire modern legal processes and procedures and sophisticated legal systems. They often think that all this is more conducive to achieving justice than under the simple system of that unique period witnessed many centuries ago. They feel that today’s procedures are tighter and better controlled than that distant simple form. But all this is a myth entertained by those who are often deceived by magnitude and form. They do not realise the truth that it was only the Divine system that achieved that highest grade of fairness, despite the simplicity of its system and procedure. It is the only system that can today achieve the same high standard, taking into consideration all that has been introduced of new systems and procedures.
我们的意思并不是说需要拆除现代法律体系。我们应当明白,创造公正的并不是制度本身,而是制度背后的精神,无论它采取何种形式、何种样式,也无论它在何时何地被施行。
We do not mean that we need to dismantle modern legal systems. What we should know is that it is not the system that creates justice, but the spirit behind the system, whatever form and shape it may take and regardless of the time and place where it is applied.