8.3.9 婚姻关系与婚礼(Nikah)
8.3.9 Relationships and Marriage ( Nikah)
伊斯兰承认,男人和女人身上都有一种基本本能,即繁衍后代的欲望,以及对异性的吸引。与将性视为"肉体之罪"加以谴责的修道式宗教不同,伊斯兰教视男女之间的关系为美好且完全可以接受的方式,用以满足繁衍后代的本能,并且应当充分享受。然而,伊斯兰禁止西方自由主义中的性放纵,从而消除了这种所谓"自由"必然带来的社会危险与问题,例如单亲家庭、意外怀孕和堕胎。相反,在伊斯兰教中,男女关系建立在责任与相互尊重的基础之上。真主(SWT)说:
Islam recognises that one of the basic instincts that appear in men and women is the urge to procreate and feel attraction to members of the opposite sex. Unlike monastic religions, which condemn sex as a ‘sin of the flesh’, relations between men and women are seen by Islam as a beautiful and perfectly acceptable means of fulfilling the procreational instinct that is to be enjoyed to the full. However, it forbids the sexual excesses of the liberal west and thus removes the dangers and problems in society which such so called ‘freedom’ inevitably entails, like single parent families, unwanted pregnancies and abortion. Rather in Islam, relationships between men and women are based upon responsibility and mutual respect. Allah (swt) says,.
“在祂的迹象之中,有这样一件事:祂为你们从你们自身中创造配偶,使你们与之相处而得安宁,并在你们之间设置了爱与慈悯。在此确实有迹象,给那些用心思考的人。” [TMQ 30:21]
“And among His signs is this, that He created for you mates from among yourselves, that you may dwell in tranquillity with them, and He has put love and mercy between your hearts. Undoubtedly in this are signs for those who reflect.” [TMQ 30:21].
在婚姻框架之外,无血缘关系的男女之间的任何亲密关系都是被禁止的。这包括从与异性“社交往来”,到通奸(淫乱)在内的一切行为。通奸是被禁止的,并受到严厉惩罚;而儿童性虐待、同性恋、乱伦或人兽交等任何形式的性越轨行为,同样是被禁止的。安拉(SWT)说:
Intimate relationships of any kind between unrelated men and women are forbidden outside the framework of marriage. This ranges from everything between ‘socialising’ with members of the opposite sex, to zina (fornication). Adultery is forbidden and punished severely, and any forms of sexual deviancy like child abuse, homosexuality, incest or bestiality are similarly forbidden. Allah (swt) says,.
“不要接近奸淫(通奸或私通),它是一种可耻的行为,也是一条恶路,会引向其他罪恶。”[TMQ 17:32]
“Do not come near zina (adultery or fornication), for it is a shameful deed and an evil, opening the road to other evils.” [TMQ 17:32].
婚姻
Marriage
在伊斯兰教中,婚姻受到高度推崇,鼓励男女在有能力时尽早结婚(即身体成熟并有能力供养妻子)。婚姻实际上被视为一种敬拜行为,夫妻之间的每一次亲密相处都是一种施舍。
Marriage is highly recommended in Islam, with men and women being encouraged to marry as soon as they are able (i.e. physically mature and capable of supporting a wife). It is in fact seen as an act of worship, and every act of fulfilment between husband and wife is a charity.
安property: 安那斯(ra)传述:先知(saw)说:“人若结婚,便已完成了一半的宗教,那就让他在另一半上敬畏安拉吧。” Wait, I must follow the rules: write ﷺ after mentions of the Prophet instead of "(saw)", keep (ra) as it is, and keep (SWT) untouched. Also don't include stray text. Corrected: 安那斯(ra)传述,先知ﷺ说:“人若结婚,便已完成了一半的宗教,那就让他在另一半上敬畏安拉吧。”
Anas (ra) narrated that the Prophet (saw) said, “When a man marries, he has fulfilled half of his deen, so let him fear Allah regarding the remaining half.”.
婚姻被视为男女之间的一种伴侣关系,而非合伙关系。婚姻的目标有两个:
Marriage is regarded as a companionship between men and women, as opposed to a partnership. The objectives of marriage are two :
与异性之间的陪伴相处,从中获得愉悦。
To enjoy the company of a member of the opposite sex.
为了生育子女,从而确保人类种族的延续。
To have children thereby guaranteeing the continuity of the human race.
婚姻契约称为尼卡哈(nikah),它是男女之间的一份契约,其所有条件都必须得到满足,契约才是正确且有效的。这些条件包括:
The contract of marriage is called nikah, and it is a contract between a man and a woman of which all the conditions must be fulfilled for it to be correct and valid. These include:
要约与承诺
Offer and acceptance.
没有强迫或胁迫。
No compulsion or duress.
两位证人。
Two witnesses.
新娘的监护人(Waliy amr)。
Waliy amr (guardian of the bride).
支付聘礼(嫁妆,不一定是钱财)由男方支付给女方。
Payment of mahr (dowry, not necessarily money) from the man to the woman.
男人和女人彼此之间不是mahram(不可通婚的亲属)。
The man and woman are not mahram to each other.
禁婚亲(Maharim)的概念
The Concept of Maharim (non-marriageable relatives)
婚姻的条件之一是,配偶不得属于禁婚的范畴(mahārim)。
One of the conditions of marriage is that the partner must not be from the forbidden categories (maharim).
男子的近亲(محارم)包括:他的母亲、他父亲的妻子们、他儿子的妻子们、两位祖母、他的女儿、他的孙女、他的姐妹、他的姑姨(父系与母系)、他的祖姑姨、他的侄女、他妻子的母亲、通过哺乳成为其母亲的女性及她们的母亲与女儿,以及他通过哺乳而成为其姐妹的女性。
The maharim of the man include : his mother, the wives of his father, his sons wives, the two grandmothers, his daughters, his grand-daughters, his sisters, his paternal and maternal aunts, his great aunts, his nieces, his wife’s mother, his mothers by breast feeding and their mothers and daughters and his sisters by breast feeding.
女性的马哈里姆(mahārim)是明确的,这是基于上文所述男性马哈里姆的相反理解。
The maharim of the women become clear given the opposite understanding of the maharim of the man given above.
在所有这些情况中,虽然他们之间禁止结婚,但允许他们在私下和公共场合自由往来。安拉(SWT)说:
In all these cases, while it is forbidden for marriage to occur between them, it is permitted for them to mix freely in the private and public areas. Allah (swt) says,.
“你们不得娶以下这些女子:你们的母亲,你们的女儿,你们的姐妹,你们父亲的姐妹,你们母亲的姐妹,兄弟的女儿,姐妹的女儿,你们的乳母,你们的乳姐妹,你们妻子的母亲,你们所抚养的、与你们已同房的妻子所生的继女(若你们未与她们同房,则娶她们的女儿并无罪过),你们亲生儿子的妻子,以及你们不得同时迎娶两姐妹,除非是已经过去的事。真主确是至赦的,至慈的。”[古兰经 4:23]
“Forbidden unto you are your mothers, and your daughters, and your sisters, and your father’s sisters, and your mother’s sisters, and your brother’s daughters and your sister’s daughters, and your foster mothers, and your foster sisters, and your mothers-in-law, and your step daughters who are under your protection (born) of your women unto whom you have gone in - but if you have not gone in unto them, then it is no sin for you (to marry their daughters) - and the wives of your own sons who spring from your own loins. And it is forbidden unto you that you should marry two sisters together, except what has already happened of that nature in the past. Lo! Allah is ever Forgiving, Merciful.” [TMQ 4:23].
一个男人的妻子的姐妹(即小姨子/大姨子)在他仍与她的姐妹结婚的情况下,他不能娶她为妻。然而即便如此,他与小姨子之间也不能像与其他马赫勒那样随意接触。同样,女子与她的小叔子/大伯子之间也不能随意接触。 欧格白·本·阿密尔传述:先知ﷺ说:“不要在女人独处时接近她们。”一位安萨尔人说:“那丈夫的哥哥和弟弟呢?”先知ﷺ说:“与他们亲近要避免,如同避免死亡一般。”
The sister in law of a man cannot be married by him while he is still married to her sister. However despite this, he cannot mix freely with his sister in law as he can with the other maharim. Similarly, the woman cannot mix freely with her brother-in-law. ‘Aqabah ibn Amir narrated that the Prophet (saw) said, “Do not go near women when they are alone.” A man from the Ansar said, “What about the husband’s elder and younger brothers?” The Prophet (saw) said, “Intimacy with them is to be avoided as death.”.
婚姻中的权利与义务
Rights and Duties within Marriage
安拉(SWT)说:
Allah (swt) says,.
“男人是女人的保护者和供养者,因为真主使他们中的一方比另一方更为优越,并且因为他们用自己的财产来供养女人。因此,贤良的女人是顺服的,并在丈夫不在时守护真主所命令她们守护的事物。”【TMQ 4:34】
“Men are the protectors and maintainers of women, because Allah has given the one more strength than the other and because they support them from their means. Therefore the righteous women are devoutly obedient and guard (in the husband’s absence) what Allah would have them guard.” [TMQ 4:34].
伊本·欧麦尔传述:先知ﷺ说:“你们每个人都是牧人,都要对自己所管理的人负责。统治者是牧人,要对他的臣民负责;男人是家中的牧人,要对家人负责;女人是丈夫家和子女的牧人,要对此负责。你们每个人都是牧人,都要对自己所管理的人负责。”这段圣训由布哈里和穆斯林辑录。
Ibn ‘Umar narrated, the Prophet (saw) said, “Each of you is a guardian and is responsible for his ward. The ruler is a guardian (over his people) and the man is a guardian of the members of his household, and the woman is guardian and is responsible for her husband’s house and his offspring, and so each of you is a guardian and is responsible for his ward.” Bukhari and Muslim.
’A’isha (ra) 叙述:先知 ﷺ 说:“妻子若在不造成浪费的情况下,将家中的食物施舍出去,她将获得所施舍之物的回报,她的丈夫也因其所赚之物获得回报,司库同样获得相应的回报——他们中任何一方都不会减少另一方的回报。”布哈里辑录。
‘A’isha (ra) narrated that the Prophet (saw) said, “When a wife spends food of her house without spoiling, there is for her its reward for what she gives away, and there is also reward for her husband for what he earns, and the like (reward) for the storekeeper - none of them diminishing anything from the reward of another.” Bukhari.
这些证据以及其他证据,确立了理解夫妻在婚姻生活框架内彼此权利与义务的基础。下文对此作出阐述。
These evidences, among others, define the basis from which come the understanding of the rights and duties of the husband and wife to each other within the framework of married life. These are outlined below.
丈夫
The Husband
男人的主要职责是:
The main duties of the man are :
妻子和子女的监护:这指的是丈夫必须保障他们的安全与保护,并且始终以维护他们利益的方式行事。
The guardianship of the wife and children : This means he must ensure their security and protection, and must always act in such a way as to safeguard their interests.
妻子与子女的抚养:丈夫必须用自己的钱财来保障他们基本的物质需要,其中包括为妻子提供她履行妻子职责所需的一切。即使妻子富有而丈夫贫穷,妻子也没有义务为此拿出自己的钱财。不过,如果她愿意,她可以这样做。
The maintenance of his wife and children : He must spend from his own means to ensure that the basic material needs are provided for them, which include bringing her all she needs to fulfil her duties as a wife. His wife is not obliged to give him any of her own money for this purpose, even if she is wealthy and he is poor. However, she may do so if she wishes.
为妻子和子女提供住所:丈夫必须为其家庭提供适当的住房。
Shelter for the wife and children : The husband must provide adequate housing for his family.
丈夫对妻子的主要权利有:
The main rights of the husband from his wife are :
服从与征得同意:妻子必须在伊斯兰教所允许的一切事务上服从丈夫,例如协助他或使他感到安慰。此外,妻子想要离开家门,或想要邀请他人进入家中时,必须征得丈夫的同意。
Obedience and taking permission : The wife must obey her husband in all areas which are permitted from Islam, like to assist him or give him comfort. Also, the wife must take permission from her husband when she wants to leave the house, or when she wants to invite people into the house.
离婚:如果丈夫对婚姻不满意,离婚是丈夫的权利。若丈夫去世或与妻子离婚,妻子必须遵守"iddah"(等待期),之后才能再婚。丈夫去世时,等待期为四个月零十天;离婚时,等待期为经过三次经期(前提是她没有怀孕)。
Divorce : It is the right of the husband to divorce his wife if he is unhappy with the marriage. If the husband dies, or divorces his wife, she must observe the ‘iddah (waiting period) before she can marry again. In the case of his death, this is four months and ten days, and in divorce, it is when three intervals between her menstruations have finished (as long as she is not pregnant).
照料丈夫的钱财和子女:妻子必须确保子女得到妥善照顾,并接受伊斯兰知识的教育,同时确保丈夫的钱财得到公正的使用。
Looking after his money and children : The wife must ensure that the children are properly cared for and educated with knowledge of Islam and that the husband’s money is spent in a just way.
监护权问题:若婚姻终止,丈夫在子女年满七岁后,有权获得对子女的监护。
Custody of the Children : It is the right of the husband that if his marriage ends, he takes custody of the children after they have reached seven years of age.
妻子
The Wife
妻子的主要责任有:
The main responsibilities of the wife are :
服从丈夫并征得其许可。
Obedience and taking permission of her husband.
照看丈夫的财产:这包括他的钱款、房产等。
Looking after her husbands wealth : This includes his money, property etc.
丈夫的福祉:妻子必须确保丈夫的需要得到照料。
Welfare of her husband : She must ensure that her husband’s needs are taken care of.
照顾孩子。
Looking after the children.
妻子对丈夫的主要权利有:
The main rights of the wife from her husband are :
陪伴:妻子的权利之一,是丈夫给予她陪伴,并为她营造充满爱与关怀的氛围。
Companionship : It is the right of the wife that her husband gives her companionship and maintains an environment of love and affection for her.
开支与住所:丈夫必须负担妻子的物质需求,为她提供住所,并给予她履行妻子职责所需的一切。这包括为她提供可用于装饰自己、使自己美丽的物品。
Spending and shelter : The husband must look after her material needs, provide shelter for her, and give her anything she needs to fulfil her role as a wife. This includes providing things for her which she can use to adorn herself and make herself beautiful.
Khul‘a(妻子的离婚权):如果妻子对婚姻不满意,她可以请求丈夫与她离婚。有三种情况可以这样做:a)丈夫直接伤害她,例如殴打她;b)丈夫间接伤害她,例如不供养她或她的孩子;c)她憎恶他。
Khul‘a (Right of divorce) : The wife can ask for separation from her husband if she is unhappy with the marriage. There are three reasons for which she can do this : a) He harms her directly, e.g. beating her, b) He harms her indirectly, e.g. not providing for her or her children, c) She hates him.
监护权:婚姻结束时,如果孩子未满七岁,妻子有权获得孩子的监护权。
Custody of the children : It is the right of the wife if the marriage ends to have custody of the children as long as they are below the age of seven.
从这些描述中可以看出,男女双方的权利与义务细节彼此完美互补。在伊斯兰教中,不存在为争取权利而斗争的问题,也不存在各自所承担角色之间的纷争。这一切都由安拉(SWT)所规定,遵从这些规定,男女双方便能摆脱异性的压迫与支配。
From these descriptions, it can be seen that the details of these rights and duties for both men and women complement each other perfectly. In Islam, there is no issue of struggle for rights, or disputes between the roles that each fulfils. These are all defined by Allah (swt), so obedience to them means that men and women are freed from oppression and dominance by members of the opposite sex.