10.4.7 结论
10.4.7 Conclusion
伊斯兰国的司法制度与刑罚,自先知在麦地那建立第一个伊斯兰国家的时候起,便在每个时期都得到实施ﷺ。它裁断民众之间的纠纷,维护社群的正当权利,并确保掌权者依照伊斯兰教法将国民应得的权利交还给他们。它以卓越的方式做到了这一切,以至于所有人都承认,凡受其庇护的人所获得的公正与得体,是有目共睹的。
The Judicial System and Punishments of the Islamic State were implemented throughout every period from the time of the Prophet (saw) in Madinah, when he established the first Islamic State. It settled the disputes between the people, protected the legitimate rights of the community, and ensured that those in authority gave the citizens of the State their dues in accordance with the Shari‘ah of Islam. All this it did in a superior manner, such that it was acknowledged by all, the justice and propriety which it conferred upon those who were protected by it.
然而,伊斯兰司法所具有的力量与权威,并非建立在严厉的刑罚或对民众的压迫之上。相反,其力量源于它出自伊斯兰的‘aqeedah(信仰),而这一信仰能够回答生活中可能出现的一切问题;并且,执行司法及服从司法被视为‘ibadat(崇拜)。如此看来,历史表明,司法机关只有在相对少数的情况下,才不得不诉诸对民众的惩罚。
However, the strength and authority that the judiciary in Islam proffers is not built upon harsh punishments or oppression of the people. Rather, its power lies in the fact that it originates from the Islamic ‘aqeedah which is able to answer all the problems that may arise in life, and that its implementation and the obedience to it are considered as ibadat (worship). In this way, the history has shown that in only a relatively small number of cases did the judiciary have to resort to punishment of the people.