10.5 伊斯兰教中的司法概述
10.5 Summary Judiciary in Islam
生活在时刻担心遭受袭击或抢劫的恐惧之中,无疑是不可接受的状况。我们周围社会中盛行的思想和观念会影响人们的行为方式,在这个社会中,人们被不断激励去增加财富、追求富足。然而,当这种观念与自由的理念结合在一起时,便调制出一杯危险的鸡尾酒。人们于是不再为自己设定任何实现这些目标的界限,而犯罪便成了达成这些目的的一条简单途径。
To live in constant fear of being attacked or robbed is surely an unacceptable state of affairs. The thoughts and ideas that are prevalent in the society around us affect the way people behave and in this society people are constantly motivated to increase their wealth and become prosperous. But, when this is combined with the notion of freedom, a dangerous cocktail is made. People then put no limits for themselves on how to achieve these aims, and crime is an easy way to fulfil them.
如今的情况已经发展到这样的地步:不再只是少数恶人才会以这种方式掠夺无辜者。西方的犯罪正在失控地加剧。入室盗窃、抢劫、偷窃、强奸和欺诈,都已被视为司空见惯的危险。整个社会的普遍心态似乎是:"只要能逃脱惩罚,就去做。"在富人和权贵之中,情况更为严重,他们肆无忌惮地利用权势欺压穷人和弱者。因此,人们觉得几乎已无人可以信任。
This has come to the extent that it is not only a few evil people who resort to preying on the innocent in this way. Crime in the West is escalating uncontrollably. Burglary, mugging, theft, rape and cheating are all dangers which are taken for granted. It seems that the feeling of the whole society is that ‘if you can get away with it, do it.’ This is even moreso among the rich and the powerful, who use their authority mercilessly over the poor and the weak. And so, people feel that almost no-one is trustworthy anymore.
目前为遏制这股致命浪潮所采取的措施完全不够。罪犯对其行为可能带来的后果毫不在意,许多人刚刚服完短期徒刑便再次作案。受害者则觉得,想要从现行法律体系中讨回公道几乎毫无希望。
The measures that are taken to counteract this deadly tide are wholly inadequate. Criminals mock at the possible consequences of their actions, and many come out of short prison sentences to offend again. Victims feel that to get justice from the current legal system is virtually hopeless.
所有这些不可避免地源于一个由人制定的司法体系,以及一个受人们的私欲与好恶支配的社会。
All this inevitably results from a judicial system that is man-made and a society which is governed by people’s whims and desires.
在伊斯兰教中,个人天生就倾向于远离犯罪,因为他们的信仰和对安拉(SWT)惩罚的畏惧使他们不去犯罪。同时,社会对犯罪的态度是彻底排斥的。朋友和家人绝不会对以可疑手段获得的财富感到高兴或钦佩。此外,经济制度将确保人们不会被迫以犯罪作为谋生手段。这些因素将自动遏制伊斯兰国家的犯罪水平。
In Islam, individuals are naturally inclined away from crime, because their belief and fear of Allah’s (swt) punishment prevent them from committing it. As well, the attitude in society towards crime is one of total rejection. Friends and families will never be pleased or impressed by wealth that is gained in dubious ways. As well, the Economic System will ensure that people are not forced to resort to crime as a means of survival. These factors will automatically check the levels of crime in an Islamic State.
作为最后的手段,伊斯兰国拥有一套完善的司法体系,既能威慑罪犯,也能感化那些误入歧途的人。对被证实有罪者施以严厉的惩罚,是应对犯罪的有效措施。毕竟,如果你看到一个人因为曾经偷窃而只剩一只手,你会有什么感受?
As the last resort, the Islamic State has a comprehensive judicial system which acts as a deterrent to criminals, and to reform those who have gone astray. Harsh punishments for those who are proven to be guilty of crimes are effective measures against it. After all, if you see someone walking around with only one hand because he had been a thief, how would you feel?
然而,你会看到,伊斯兰中正义的目的并非尽可能地惩罚人民,而是保障人民的权利与安全。伊斯兰国家在一千三百多年间成功地做到了这一点,只是极少不得不对任何人实施惩罚。
Even so, you will see that the aim of Justice in Islam is not to punish the people as much as possible, rather it is to guarantee the rights and the security of the people. The Islamic State successfully did this for over 1300 years, only rarely having to resort to punishing anyone.