伊斯兰教与封建制度
Islam And Feudalism
最近听说一名学生撰写了一篇论文,在其中"证明"伊斯兰是一种封建制度,并因此获得了硕士学位,我深感震惊。这名学生与授予他学位的教授们的表现同样令人费解。学生或许可以以无知于所写内容,或出于对伊斯兰的敌意为由而获得谅解,但那些博学的老师们又该如何解释?他们的行为、他们对伊斯兰社会经济制度的了解,以及他们的历史理解,我们又该如何看待?
Recently when I heard that a student wrote a thesis wherein he "proved" that Islam was a feudalistic system and received his Master's Degree, I was deeply surprised. The performance of both the student as well as the professors awarding him the degree was equally mystifying. But the student might well be excused on the plea that he was either ignorant of what he was writing about or did so out of ill-will towards Islam, but what about the learned teachers? How are we to account for their conduct, their knowledge of the socio-economic system of Islam, and their understanding of history?
但我不再感到疑惑,因为我想起了这些博学的教师究竟是什么人。他们不正是被外国剥削者诱惑、按照对其有利的知识模式塑造出来的一群人吗?邓洛普先生特别关注的,不正是这些人吗?他们被派往国外,表面上是为了求取知识,实际上不过是一场阴谋的一部分,目的是让他们与自己的文化和文明彻底疏远;使他们轻视自己的宗教、自己的本身、自己的历史和自己的信仰,转而亦步亦趋地跟随其西方导师。因此,他们任由如此骇人的历史与真相的歪曲,也就不足为奇了!然而,让我们看看"封建主义"一词究竟意味着什么,以及它的特征是什么。为此,我们在下文转载了最近在欧洲出版的拉希德·巴拉维博士所著《共产主义》一书的摘录。谈到封建主义时,作者写道:"封建主义是一种生产方式,其显著标志是存在一种永久的农奴制度。在这一制度下,地主或其代理人有权获得固定份额的产出,并享有某些特定的经济权利,这些权利赋予他们迫使佃户为其服役的特权,或者代之以向佃户收取现金或实物。对此可以解释如下:封建社会分为两个阶级:(一)封建土地的所有者,(二)佃户,佃户内部又有不同等级,包括农民、农业工人和奴隶,其中某些群体的人数比其他群体下降得更快。然而,真正享有占有土地权利、并分得养家糊口与维持自身生计所必需的产出份额的,是农民,即直接生产者;此外,他们还有权在耕地上建造农舍。" 作为这些权利的交换,他们每周都须为地主提供无偿劳役,用自己的牲畜和工具在他的田地里干活;收割和收获时还须为他履行若干其他服务;节庆之时,还须尽力向他奉上各种礼物和馈赠。此外,他们还须把自己的谷物和葡萄拿到地主的磨坊和压榨机里加工。
But I no longer wondered as I remembered who these learned teachers were. Weren't they the members of a community enticed by the foreign exploiters and fashioned after an intellectual pattern serviceable to them? Aren't they the people in whom Mr. Dunlop1 was particularly interested? They were sent abroad ostensibly to acquire knowledge, but, in fact, it was just a part of a conspiracy to turn them into complete strangers to their own culture and civilization; to make them look down upon their religion, their own selves, their history, their faith, and, instead, follow in the footsteps of their western teachers. No wonder then that they allowed such a monstrous perversion of history and truth! Let us, however, see what the word feudalism means in fact and what are its characteristics. For this purpose we reproduce below extracts of a book, "Communism" by Dr. Rashid-al-Barawy, that has recently been published in Europe. Speaking about feudalism, the author says: "Feudalism is a way of production, the distinguishing mark of it being the existence of a perpetual system of serfdom. It is a system wherein the landlord or his representative is entitled to receive a fixed share of production and enjoys certain specific economic rights, carrying with them the privilege to make their tenants serve them or, instead thereof, receive payments from them in cash or kind. As an explanation of this, we may say that the feudal society is divided into two classes of people: (I) the owners of feudal lands, and (2) the tenants, who may again vary in their grades, farmers, agricultural workers, and slaves, the number of some of them dwindling off more rapidly than that of others. It is the farmers, the direct producers, however, who enjoy the right to possess land and have a share in the produce that is so necessary for them to support their families and themselves, besides the right to build farm-houses on the tillage. Against these benefits, they are required to serve the landlord every week by rendering free services in his fields working with their own cattle and instruments, along with performing for him a number of other services at the time of harvesting and reaping, and offering him on the occasion of festivals whatever gifts and presents they can. They are also expected to get their food-grains and grapes milled and pressed in his flour mills and pressing machines.
地主对居住在其封地范围内的佃户还行使完全的行政权和司法权。
"The landlord also exercises full executive and judicial powers over his tenants living within the bounds of his feudal lands.
在封建制度下,真正的生产者并不享有我们今天所理解意义上的自由。他不拥有土地,也不能出售、继承或将土地无偿赠予他人。他被迫在领主的田地里从事强制劳动,即使这会损害他自身的物质利益或相关考虑。此外,作为对领主服从的表现,他还必须向领主缴纳数额和范围都没有限制的赋税。
"The real producer in feudalism did not enjoy freedom in the sense we know at present; he did not own the land, nor could he sell, inherit or give it as a free gift to others. He was compelled to a forced labor in the lands of his master even at the expense of his own material gains or considerations thereof. Moreover, as a mark of his obedience to the master he had to pay him taxes that were unlimited in amount as well as extent.
随着土地的易主,他本人也随之更换主人,辗转于不同的领主之间,因为他无权凭个人意愿从一个采邑迁往另一个采邑去谋生,甚至也无权转投另一位主人。由此可见,封建农奴正是古代奴隶与近代自由佃户之间的纽带。
With the land he too changed masters passing from one to the other, for he did not have the right to shift of his own free will from one fief to another in search of work or even join the service of still another master. As such, the feudal villain forms the connecting link between the slaves of olden times and the free tenants of the modern times.
是主人确定了他交给农民耕种的土地面积。
"It was the master who fixed the extent of the land to be given by him to the peasant.
他还决定了佃户应向他提供的劳役,却在做出如此重大的决定时,没有考虑到其他地主的权利或农民的需要。作者接着写道:"十三世纪发生了大规模的非法迁徙运动,最终导致了农业工人的出现。这场被称为'农民逃亡'的运动,促使地主们要求追回逃亡的佃户。地主们之间相互约定,每位地主都有充分的权力抓捕所有闯入其封建领地的劳动者。但由于这一现象——农民逃亡——日益成为那个时代的普遍特征,地主们不得不依赖并越来越多地雇用雇工来耕种土地。他们之间的相互约定逐渐失去了意义,合作也随之不断减少。由此又产生了另一个不可避免的结果:工人的工资改以现金支付,而不再无偿强迫他们服劳役。"
He also decided about the services that he expected his tenants to render him without being under any obligation to have a consideration for the rights of the other landowners or the needs of the peasants while making such momentous decisions" The writer goes on to say: "In the thirteenth century there ensued the great illegal migration movement that finally ended with the emergence of agricultural workers. This movement known as "the running away of peasants" caused the landowners to claim back their fugitive tenants, they among themselves agreed that every landowner would be fully authorized to capture all the workers happening to transgress into his feudal domain. But as the phenomenon-the running away of the peasants-was fast becoming a common feature of the times the landowners were forced to depend on and consequently engage more and more of hired labor for the tilling of their lands, Their mutual agreements gradually lost all significance which meant a steady decrease in their co-operation. From this proceeded still another inevitable result: wages to the workers were paid in cash in place of exacting forced labor out of them without any payment.
随着时间推移,许多农民逐渐变得富裕,而贵族和地主的需求却大大增加,这使他们在经济上承受了沉重负担。形势对农民有利,他们因此赎回了自己的人身自由。
"Many of the peasants gradually prospered as against the needs of the nobility and landowners that were greatly multiplied and hence became a great burden on them economically. The circumstances favored the peasants and they bought off their freedom.
这种状况一直持续到十四世纪,那时农业劳动者的自由终于被所有人承认。然而,这一时期最重要的变化在于,整个封建结构赖以建立的基础开始瓦解;此后几个世纪见证了它的彻底废除。1
This continued till the fourteenth century when the freedom of the agricultural workers was at last recognized as such by all. However, the important change that came over the times was that the basis on which the whole feudal structure rested was beginning to give way; the following centuries witnessed its complete abolition".1
这些是封建主义的特征。我们在上文详细转引了这些摘录,是为了让我们对封建主义及其特征保持清醒的认识,不至于将它们与其他看似相似的表现形式混为一谈。
These are the characteristics of feudalism, we have reproduced these extracts above in detail as we want that we should become clear-headed about feudalism and its characteristics and not confuse them with other seemingly similar manifestations.
鉴于封建社会的这些特征,我们不妨追问:伊斯兰历史上何时、何地出现过这样的封建制度?
Bearing all these characteristics of a feudalistic society in mind, may we ask: when and where was such feudalism ever witnessed in the history of Islam?
也许,让许多研究者感到困惑、并给投机者提供攻击伊斯兰口实的,是这样一种表面现象:在伊斯兰社会的早期,社会由两个阶层构成,即地主和在其土地上劳作的农民。然而,这只是一种表面现象而已,绝不能据此把伊斯兰与封建制度混为一谈。为便于比较伊斯兰与封建制度,我们可以将封建制度的基本特征概括如下:
Perhaps the outward semblance that has proved a stumbling block for many a research worker or has given the opportunists an excuse to cast aspersions on Islam, is the fact that in the beginning, the Islamic society for the time being consisted of two classes of people: the landowners and the peasants who worked in their lands. But this was nothing more than a mere .outward semblance. It in no wise justifies the confusion of Islam with feudalism. In order to facilitate a comparison between Islam and feudalism we may sum up the basic characteristics of feudalism as follows:
(l) 永久的奴役。
(l) A perpetual serfdom.
(2)农民对其领主所应尽的义务包括:
(2) The duties which the peasant discharged towards his master consisted of:
(a) 每周为其封建领主无偿且被迫地劳作整整一天;(b) 在收割等特定季节,无偿且被迫地为其主人提供服务;(c) 在宗教及类似节庆场合向领主进献礼物,不论其自身多么贫穷,也不论受礼的地主多么富有;(d) 必须将自己的谷物送到地主的磨坊去磨。(至于他必须为封建领主压榨葡萄的义务,我们略去不谈,因为伊斯兰教禁止饮酒。)
(a) a whole day's free and forced labor in the lands of his feudal lord once a week; (b) free and forced services rendered by him to his master in special seasons of harvesting, etc.; (c) presenting gifts on religious and other similar occasions of festivities, notwithstanding his poverty or the opulence of the recipient rich landlord; (d) an obligation to get his food-grains milled in the mills of the landlord. (We pass over his obligation to get his grapes pressed for his feudal lord as wine is prohibited in Islam).
(3)地主有权根据自己的意愿或欲望,决定农民所持有土地的面积、其应履行的劳役以及应缴纳的赋税。
(3) The right of the landlord to decide as his whims or desires might dictate as to the extent of the land to be held by the peasant, the services required of him and the taxes to be paid by him.
(4) 地主并非依据国家的既定法律,而是凭个人的好恶与意愿,行使全部司法兼行政权力;(5) 当封建制度最终让位、并开始走向衰败之时,农民必须以现金支付来赎买自身的自由。
(4) The exercise of all judicial-cum-executive powers by the landlord not in accordance with a fixed law of the land but according to his own whims and desires; (5) The obligation of the peasants to buy off their freedom with cash payments when in the end feudalism gave way and a process of its degeneration set in.
让读者先看看这些内容,再纵观伊斯兰教的整段历史,去寻找其中类似的特征。他们必定会感到失望,因为伊斯兰教与这些东西毫无关系。
Let the readers first look at these and then glance over the whole history of Islam to find similar characteristics therein. They will surely be disappointed, for Islam has nothing to do with them.
伊斯兰教中不存在农奴制,因为伊斯兰教所承认的奴役形式只有奴隶制一种。其成因与条件,以及获得解放的途径,我们已在前一章中论述。伊斯兰教不允许因佃农被束缚于土地而产生的任何依附关系。我们所知伊斯兰教中的奴隶,只是战争中被俘者。这一点已足以证明,在早期伊斯兰社会中,奴隶的数量与全体自由公民的总数相比要少得多。
There is no serfdom in Islam as it recognizes no other form of servitude save that of slavery, the causes and conditions whereof and the means or freedom from which we have already dealt with in the preceding chapter. Islam admits of no bondage arising out or a tenant's being bound to the soil. The only slaves that we know of in Islam were those captured in wars which are quite sufficient to prove that in the early Islamic society the number of slaves was far less in comparison with the total numbers of its free citizens.
他们在主人的土地上劳作,直到被自愿释放,或他们自己主动提出,要求主人与他们签订“穆卡塔巴”(Mukatabah,即自赎契约)以获得自由。然而,欧洲封建制度的历史中并不存在与此相似的情形,因为它的主要目的在于压制农民和农业劳动者,而不是鼓励他们争取自由。正因如此,欧洲的农民被视为农奴,他们依附于土地,并随土地从一个主人转让给另一个主人。
They worked on the soil of their masters till they were freed voluntarily or they themselves took the initiative and demanded as writing of (Mukatabah) their freedom of their masters. But there exists no such parallel in the history of the European feudalism as it primarily aimed at the subjection of the peasants as well as the agricultural workers rather than encourage them to demand freedom. That is why the peasants in Europe were looked upon as serfs bound to and transferable with the land from one master to another.
因此,他们既不能离开所耕种的土地,也无法摆脱对地主所承担的义务。
As such, they could neither leave the soil they worked on, nor free themselves from the obligation devolving upon them towards their landlords.
伊斯兰教对这类农奴制或奴役关系并不熟悉。伊斯兰教原则上反对一切形式的奴役,唯一的例外是人对造物主、万物生命的创造者真主的敬拜与顺从。伊斯兰教并未规定一些受造物可以被另一些同类受造物所奴役。每当社会中出现这种因某些外部原因而非伊斯兰教所主动促成的、人与人之间的反常隶属状态时,它总是暂时性的或过渡性的现象。伊斯兰教竭尽所能设法消除这种状态:鼓励奴隶通过努力赎取自由,同时规定国家有责任尽一切可能为他们争取自由提供帮助。
Islam is not at all familiar with this type of serfdom or villains as it is in principle opposed to all forms of servitude save that rendered by man unto his God, the Creator of all life. There is no provision in it for the subjection of some creatures to other creatures like them. Whenever such an abnormal state-subjection of some men to others is found due to certain external causes without any initiative from Islam, it always is a temporary or a transitional phenomenon, which it strives to do away with, with all the possible resources at its disposal, encouraging the slaves to earn their freedom besides holding the state responsible to render to them all possible help towards that end.
在经济领域,伊斯兰同样不承认人对与自己同类的人有任何依附关系。我们在上文提到的奴隶制度是个例外,因为在伊斯兰到来之前,当时并没有其他经济上的替代方案。伊斯兰容忍了这一制度,直到奴隶在精神上获得解放,直到他们能够承担作为社会自由成员的责任为止;此时,伊斯兰便积极协助他们赢回已失去的自由。
In economics too Islam does not recognize any bondage of man to other men like him. The system of slavery to which we have alluded above is an exception as there was no other economical alternative before Islam at that time. Islam tolerated it till the slaves were freed spiritually and till the time they were able to shoulder their responsibilities as free members of the community, whereupon Islam actively helped them in winning back their lost freedom.
伊斯兰的经济结构以行动自由为基础,并建立在所有个体之间全面合作、相互交换服务的关系之上。伊斯兰政府因此扮演着监护人和保护者的角色,照料那些因某种原因在生活奋斗中落后、被剥夺了体面生活一切必需条件的人。因此,在伊斯兰社会中,凭借国家的全部资源作后盾,任何人都无需让自己沦为地主的奴仆。伊斯兰为每个人提供基本需求,而不使其失去尊严、独立、自尊或荣誉。
Islam bases its economic structure on freedom of action coupled with a relationship of a complete co-operation and exchange of mutual services among all individuals. The Islamic government as such acts as a guardian and custodian of all such people as happen to lag behind in the struggle of life for some reason and are denied all amenities of a decent living. Thus with all the resources of the state at his backing in an Islamic community no man needs let himself become a bondsman to the landowners. Islam provides for all his basic needs without degrading him or making him lose his independence, self-respect or honor.
因此,无论在精神上还是经济上,伊斯兰都与封建制度相对立。在人们陷入农奴制的枷锁之前,伊斯兰就已经让人们摆脱了封建制度的束缚。
Thus both spiritually and economically Islam is opposed to feudalism. It brought to men freedom from feudalism even before they were caught up in the shackles of serfdom.
就农民对其封建领主所负的义务而言,在整个伊斯兰历史上,并无任何证据表明此类义务存在。
So far as the obligations of the peasant towards his feudal lord are concerned there is no evidence whatever of their existence in the whole range of Islamic history.
在这一点上,伊斯兰教完全摆脱了这类荒谬之事。假如某个农民被判定犯有某种罪行,它允许土地的所有者将他驱逐,并把土地交给另一个人。但这并不是为了鼓励压迫;而是迈向消除农奴制的一步。伊斯兰教旨在确立地主与佃户之间的自由关系。
It is quite free of such nonsense. In this respect, Islam stands quite unique. In case a peasant is found guilty of some crime, it allows the owner of the land to discard him and give away the land to another one. But this is not to encourage oppression; it is rather a step towards the eradication of serfdom. Islam aims at the establishment of a free relationship between the landlord and the tenant.
伊斯兰教所认可的农民与地主之间唯一合法的关系,只有两种:一是契约关系,二是佃农关系。在前一种情况下,农民须按土地产出的比例,向地主支付一笔固定的地租,此后他在耕作、开支以及获取土地全部收成以供个人消费方面,都保有充分的自由。如果他是佃农,则会在每年年终与地主分享土地的收成。在这种情况下,一切费用由地主承担,农民只提供劳动。在这两种情况下,都不存在强迫劳役、专断特权,或农民无偿为主人服役的任何义务。双方反而在自由、权利和义务上享有完全的平等,彼此互利互惠。首先,农民有充分的自由选择他想租种的土地,或他愿意与之合作、作为佃农的地主。其次,他与地主地位对等,在决定或同意应向地主支付的合同租金数额上,同样享有充分的自由。如果他认为这笔交易无利可图,他可以自由退出,不必同意该合同,地主无权也无理由追究他。作为佃农,农民所享有的法律权利与地主相同。
The only relationship that Islam recognizes as lawful between the peasant and the landlord is either that of contract or that based on tenancy. In the former case, the peasant is required to pay to the landlord a fixed amount as the rent of the land proportionate to its produce and after that he remains quite free in his cultivation and expenditure as well as in the acquiring of all the produce of the land for his own personal consumption. If he happens to be a tenant he will share the produce of the land at the end of every year with the landlord. In such a case all the expenses are borne by the landlord; the peasant provides the labor only. In both of these cases there is no place for forced labor, dictatorial privileges or any other obligation incumbent on the peasant to serve his master without getting anything in return. Both parties rather enjoy full equality in freedom, in their rights as well as duties with a reciprocity of mutual give-and-take relationship. The peasant is, in the first place, quite free to choose the land he would like to hire or the landlord he would prefer to work with as a tenant. Secondly, he is on a par with the landlord and enjoys as much freedom to decide or agree to the amount for the contract to be paid by him to the landlord. If he does not find the bargain profitable he is free to back out of it and not agree to the contract, the landlord having no power or right to take him to task for that. As a tenant the peasant enjoys as much legal privileges as his landlord.
他们将所得利润平均分配给彼此。
They divide the profit thereof equally between themselves.
除此之外,我们还发现,与欧洲封建制度历史上的情形相反,伊斯兰教中普遍流行的做法则大不相同。在开斋节和其他节日之际,给佃户送礼、慷慨馈赠的是富有的地主,而不是贫穷的农民。这在斋月尤为明显,斋月在伊斯兰教中具有极其重要的地位和宗教意义。
Besides this, we also find that contrary to what happened in the history of European feudalism, the practice commonly prevalent in Islam was quite different. It was the rich landlord and not the poor peasant who gave presents and bestowed bountiful gifts upon his tenants on the occasions of Eid and other festivals. This is specially true about the months of Ramadhan, a month of great importance and religious significance in Islam.
在这个月里,亲朋好友互相拜访,以盛宴款待彼此,并慷慨地赠予社区中贫困和需要帮助的人。换句话说,富人和殷实之家习惯于把财富用在他人身上,而不是像"文明"的欧洲那样向穷人索取高昂的礼物。
During this month, friends and relations paid visits to each other and were entertained with feasts along with bestowing bountiful gifts upon the poor and needy ones of their community. It means, in other words, that the rich and well-to-do people were wont to spend their riches on others rather than exact costly gifts from the poor people as was the custom in "civilized" Europe.
由此可见,封建制度下农民所承受的那些义务,即后来沦为强制劳役的负担,在伊斯兰的生活制度中并无立足之地。伊斯兰所确立的,毋宁是地主与农民之间自由的关系,彼此相互尊重,完全平等。至于欧洲封建领主对其佃户所履行的义务,即为了换取佃户对他们无理的强制劳役和卑贱的奴役,而为其抵御外敌、维护其权利,伊斯兰社会中的富人则是自愿地对其佃户履行类似的义务,并不期望对方有任何回报。他们为同胞提供这些服务,所求的只是真主的喜悦。这正是建立在崇高信仰之上的生活制度与缺乏信仰的生活制度之间的区别。在前者中,一个人对他人提供的社会服务具有崇拜的性质,借此他得以更加亲近他的主;而在后者中,这些服务不过是一桩商业交易,双方各自竭力争取最大的份额,都只愿让出自己已无力继续保有的东西。结果,最终获胜的往往是更强大的一方,而非真正应当获得利益的一方,它将所有的好处据为己有。
From this it is clear that the duties that the peasants were encumbered with in feudalism and which degenerated into forced labor have no place in the Islamic system of life. It established rather a free relationship between the landowner and the peasant with a reciprocal respect and perfect equality. As regards the duties discharged by the feudal lords in Europe towards their tenants as a recompense for their unjustifiable forced labor and abject slavery to them in the form of defending them from others and safe guarding their rights, in Islamic society the rich people discharged voluntarily similar duties with regard to their tenants without expecting anything from them in return. In rendering these services to their fellowmen they sought nothing save God's pleasure. This is what distinguishes a system of life based on a lofty creed and the one devoid of it. In the one the social services rendered by a man towards others assume the character of a worship whereby he is brought closer to his God, whereas in the other they are nothing more than a commercial enterprise, each party striving hard to get hold of the lion's share and anxious to yield to the other nothing but that which is beyond its power to hold longer, with the result that in the end the most powerful party rather than the one rightfully deserving emerges victorious and gets away with all the profits.
封建制的第三个特征,即封建领主有权决定交给佃户的土地范围,并规定佃户应履行和被期望履行的义务,这只是欧洲领主制与农奴制的特有观念。这种观念在伊斯兰历史上从未存在过:伊斯兰既不承认封建领主对农民拥有的统治权,也不承认农民对领主负有农奴身份。在伊斯兰教中,农民获得土地租约时唯一受限的因素,是他自己的自由意愿和经济能力。在这方面,地主除了要求农民支付约定的地租外,并不享有任何特权。 同样,在佃耕关系中,佃户所能耕种的土地范围,取决于他自身的体力或他能够召集的帮手人数(通常是他的儿子们)。佃户在佃耕中所承担的义务,不过是他所租种的土地在恢复耕作时所必需的那些工作。在这种情况下,土地在收获之前被视为农民与地主的共同财产。至于地主的土地,除了佃户所租种的部分之外,佃户与之毫无关系,无论那种工作或服务的形式或性质如何,他都没有义务在其中劳作。
The third characteristic of feudalism, that is, the right of the feudal lord to decide as to the extent of the land to be given to the tenant and prescribe the duties to be discharged by and expected of him, is a thing peculiar to the European concept of lordship and serfdom only. Such concept had never existed in the history of Islam which does not recognize the over-lordship of the feudal lord or the serf-hood of the peasant to him. The only factor which does restrict the choice of a peasant with regard to his acquiring a lease of land in Islam is his own free will and financial potentiality. The lesser enjoys no privileges against this save that of claiming the agreed upon rent of the land from the peasant. Similarly in tenancy the extent of the land to be farmed by a tenant is determined by his own physical ability or the number of the helping hands (consisting of his sons generally) he can get hold of. The duties imposed on him in tenancy are no more than what the rehabilitation of the land acquired by him may necessitate. The land in such a case is considered as a common property of the peasant and the landowner till it brings forth its produce. As to the land of the landlord other than that held by the tenant in tenancy, the tenant is not supposed to have anything to do with that, nor is he under any obligation to work therein whatever the form or nature of such a work or service might be.
然而,伊斯兰与封建制度之间最显著的差异,在于封建制度中领主所享有的司法兼行政特权。在封建制度下,只有领主一人在其采邑范围内控制并管理全部社会和政治生活。
The most striking point of difference between Islam and feudalism, however, is the judicial-cum-executive prerogative enjoyed by the landlord in feudalism. He alone in feudalism controls and regulates all social and political life within the bounds of his fiefs.
伊斯兰教与这种特权截然对立,因为它旨在消除人类社会关系中的此类特权,而非保留它们。
Islam is diametrically opposed to such a prerogative as it aims at the abolition, rather than its retention, in the world of human relationships.
欧洲各国在上述地主与佃农的关系方面,并不拥有真正意义上的国家法律。后来构成欧洲所有后续立法基础的罗马法,赋予封建领主在各自领地内成为事实上的独裁者的权利:他们可以为民众制定法律,在其中行使司法权,并按自己认为合适的方式执行其决定。因此,他们一人同时掌握立法、司法和行政三种权力。每一位领主都在政府之内形成了一个小政府。只要封建君主领地的领主在需要之时继续履行对政府的财政和军事义务,政府便不干预这些领地的内部事务。
The European nations did not possess any law of the land in the real sense of the word with regard to the above-mentioned landlord-tenant relationship. The Roman Law, which later on formed the basis of all subsequent European legislation, conferred upon the feudal lords the right to become virtual dictators in their respective areas, make laws for the people, hold judicial powers among them, and enforce their decisions as they might think fit. Thus they held in their persons legislative, judicial and executive powers all in one and at the same time. Each one of them formed a government within a government. The government did not interfere with the internal affairs of the feudal monarchies so long as they continued to carry out their financial and military obligations towards it at the hour of need.
伊斯兰教中并不存在这类情况。伊斯兰拥有自己的中央政府,以及其自身的国家法律,并努力在境内所有居民的生活中予以贯彻。各地都任命了法官,以在全国各地执行国家法律。所有人在法律面前一律平等,没有人享有凌驾于他人之上的特权。个人只有在犯错或行为不当时才会被追究责任。
Nothing of the sort is to be found in Islam, It had its own central government with its own law of the land which it strove to enforce in the lives of all those living within its boundaries, Judges were appointed to enforce the law of the land in all parts of the country. All were made equal before law, None enjoyed any priority over others. The individual was called to account only when he committed a mistake or acted wrongly.
后来,政府违背伊斯兰教的教导,蜕变为世袭君主制,但仍保留了一些伊斯兰的特征。例如,政府继续对其影响范围内居住的各族人民和个人实施监督性权力。国家的法律对其广阔疆域内的所有人都是统一适用的。唯一的例外似乎是法学家们在某些法律问题上的彼此分歧,而这在地球上几乎所有的法律体系中都能见到,不足为奇。正是这一法律准则为农民提供了保障,使其免受封建领主的压迫,以及他们的贪婪、贪欲和任性。农民所遵循的是神圣的法律,而非封建领主的任性和意愿。它不仅使地主与佃户平等,因为二者此时都已成为自由人,而且对所有人一视同仁。
Later on when contrary to the teachings of Islam, the government degenerated into a hereditary monarchy it still retained some Islamic characteristics. Thus, for instance, the government continued exercising a supervisory authority over all the different peoples and individuals that lived within its sphere of influence. The law of the land was one and the same for all people living within its vast territories. The only exception appears to be differences of the jurists among themselves on certain legal points, which is no more than what is met with in almost all the systems of law found on the face of the earth. It was this rule of the law that provided a safeguard for the peasants against the oppression of the feudal lords as well as their greed, lust or whim. They were ruled in accordance with the divine law rather than the whims and wishes of the feudal lords. It held not only the landlords and the tenants as equals as both of them were now made free men but also treated all men alike and in the same manner.
诚然,穆斯林历史上也出现过一些令人遗憾的事例:法官为了讨好封建领主或统治者,违背自己的良心,也违背法律的精神而作出判决。但这些事例不过是零星的个别情况。历史事实表明,它们只是例外,连欧洲学者也承认这一点。与这少数零星的不公案例相对照,伊斯兰历史上还有大量事例显示,法官曾判决极其贫穷的人胜诉,对手不仅是地主、总督或大臣,甚至是哈里发本人——那位掌握绝对权力的哈里发。然而尽管如此,既没有哪位法官因此被罢免,统治者也没有因此对他进行报复。
Of course there are found certain unfortunate Incidents in the history of Muslims as well, wherein we see that judges gave judgments contrary to their own conscience as well as in contravention of the spirit of the law in order to win favor with the feudal lords or the rulers, but these incidents were no more then certain stray instances. They are merely exceptions as is shown by the historical facts to the veracity of which even the European scholars bear witness. As against these few stray case of injustice there are a great many instances in Islamic history which show that judges gave judgments in favor of extremely poor men against not only landlords, governors or ministers but even against the caliph himself-the caliph who wielded absolute authority and power. But, in Spite of this, neither any judge was dismissed from his post, nor did the ruler seek any revenge against him.
类似地,伊斯兰历史上从未出现过像欧洲那样的农民逃亡运动。这是因为农民不仅享有在农场之间自由迁徙的权利,而且在广阔的伊斯兰帝国境内,还享有跨国迁徙的权利。除了他们对某一块土地的眷恋或依附之外,没有任何东西阻止他们迁移,例如埃及农民便是如此。然而,伊斯兰世界其他地区的农民充分利用了这种迁徙自由,因为他们对自己所在的地区不像埃及农民那样依恋,而且也没有任何障碍阻拦他们迁移。欧洲农民则不同,农奴制以及他们所背负的各种义务,构成了阻碍其迁移的障碍。
Similarly, there is not any escape movement of the peasants met with in the Islamic history as was witnessed in Europe. This was so because the peasants enjoyed not only the rights to move freely from one farm to the other but also from one country to another within the boundaries of the vast Islamic Empire. Nothing prevented them from shifting from place to place except their own fondness for or attachment to a particular tract of land as was, for instance, the case with the Egyptian farmers. The peasants in other parts of the Islamic world, however, fully availed themselves of this freedom of movement as they did not happen to be so attached to their particular areas as their Egyptian counterparts were and as no obstacles were hurled in their way to prevent their movement such as blocked the way in the case of the European peasants in the form of serfdom and the various obligations they were encumbered with.
欧洲封建制度晚期的农民不得不以金钱赎买自由。这在伊斯兰民族的历史上同样没有先例,原因很简单:在伊斯兰社会中,农民与社会其他阶层一样享有同样的自由。他们本就不需要再去赎买已经拥有的自由。此外还可以补充一点,在伊斯兰世界的历史上,大量小国长期存在。这些国家为其统治者提供生计,帮助他们开展各种海上或陆上贸易,并支持各类手工业。但在欧洲,这些都被封建主义的兴起彻底扫荡。那时,精神上的蒙昧与理智上的黑暗笼罩了欧洲。欧洲先是在十字军东征期间与伊斯兰世界接触,才得以见到光明;随后双方又在西班牙相遇,这些接触使欧洲走上了文艺复兴的道路,欧洲也由此逐步从理智与精神停滞的黑夜中走了出来。
The peasants in the history of the European feudalism towards its final phase had to buy off their freedom. This too has no parallel in the history of the Islamic peoples for the simple reason that among them peasants enjoyed as much freedom as any other section of the community did. They as such had no need to buy off the freedom they already possessed, Moreover, it may also be added that in the Islamic world a large number of small states existed throughout its history. These states provided livelihood to their possessors, helped them carry out various kinds of sea or land trade and support the various industrial crafts. But in Europe all of these were completely swept away by the upsurge of feudalism. It was then that a dark night of spiritual ignorance and intellectual darkness settled on Europe. It was shown light by Islam, first when it came into contact with the Islamic world during the crusades, and again, when the two encountered each other in Spain. These encounters set Europe onto the path of the Renaissance and so Europe gradually climbed out of that dark night of intellectual and spiritual stagnation.
因此可以看出,只要伊斯兰教在穆斯林地区仍占主导地位,封建制度本身就从未在伊斯兰世界存在过,因为伊斯兰的精神体系、经济体系以及其基本信仰、原则和法律,都与封建制度相对立。不仅如此,伊斯兰教还消除了一切有利于封建制度滋长的因素。倡导伍麦叶王朝和阿拔斯王朝时期出现的某些类似封建的现象,其范围有限,而且从未发展到成为穆斯林社会生活中的普遍特征。
Thus we find that feudalism as such did never exist in the world of Islam so long as Islam remained dominant in the Muslim lands because its spiritual and economic system as well as its basic creed, principles and laws are all opposed to feudalism. Not only this but it also does away with all the causes conducive to its growth. Whatever semblance of feudalism was witnessed during the Ommayad and Abbaside periods was limited in its sphere, besides the fact that it never flourished so as to become a common feature of the social life of the Muslims.
我们确实可以在近代史中看到伊斯兰国家存在封建制度,那是在奥斯曼帝国末期,那时穆斯林心中伊斯兰信仰的源泉已经干涸,政治权力落入了那些对伊斯兰只知其名、不知其实的人手中。当无神论的、唯物主义的、侵略性的欧洲文明胜利地进军伊斯兰世界时,局面变得更加黑暗。它实施军事占领,摧毁了一切精神价值,终结了合作精神,并以最可憎的资本主义剥削形式取而代之,使穷人终生陷于苦难。这种从欧洲输入的封建制度,依然在一些穆斯林土地上延续,并保留着其母体——欧洲封建主义的所有特征。显然,伊斯兰无需为当代伊斯兰世界中这一制度的存在而致歉,也绝不对其产生或存续负有任何责任。只有当它成为穆斯林土地上的统治力量时,才可能被追究责任。目前,一些穆斯林统治者在治理人民时,依据的是从欧洲各国引进的宪法和法律,而非伊斯兰律法。他们是世上所见过的对西方主子最忠实的追随者。
Of Course we do find feudalism in the Islamic countries in the modern history towards the end of the Ottoman Empire when headsprings of Islamic faith had dried up in the hearts of Muslims and the political power had passed into the hands of those who knew nothing as regards Islam save its name. The picture became all the more dark when the Godless, materialistic and aggressive European civilization marched in triumph against the Islamic world. It staged military occupations, destroyed all spiritual values and put an end to the spirit of co-operation, replacing these with the most hideous forms of capitalistic exploitation and a life-long misery to the poor. This feudalistic system imported as it was from Europe still continues to linger in some of the Muslim lands with all those features that characterized its parent-the European feudalism. It is quite clear that Islam owes no apology for the presence of it in the contemporary Islamic world, nor is it in any way responsible for its emergence or existence. It could be held responsible only if it were a ruling power in the Muslim lands. Some Muslim rulers are at present ruling their peoples in accordance with the constitutions and laws imported from various European countries rather than according to the Islamic laws. They remain the most faithful followers of their western masters that were ever witnessed on the face of the earth.
从上述讨论中,有几项事实清晰地凸显出来,它们已成为当今世界正在激烈进行的思想冲突的焦点。其中可以指出以下几点:
From the above discussion certain facts stand out clearly that have become a centre of the ideological conflict raging in the modern World. Of these the following facts may be pointed out:
(1) 并非所有权本身必然导致封建主义的滋长,也不是人的意志对此毫无作用。真正有利于封建主义滋长的,是占有土地的方式,以及土地所有者与无地者之间的关系性质。因此,伊斯兰世界中存在所有权,却不存在封建主义,原因在于伊斯兰的思想体系及其在现实生活中的各种实践,在个人之间建立起的关系,并不有利于封建主义的滋长。
(1) It is not the factor of ownership as such that inexorably paves the way for the growth of feudalism with human will having no part in its enhancement. It is rather the manner of possessing and the nature of relationship between the owners of the land and those who have no land in their possession that favor its growth. That is why ownership was there in the Islamic world and yet feudalism did not exist because the ideology of Islam as well as its various applications to practical life establish between the individuals such relationships as do not favor the growth of feudalism.
(2) 如果欧洲陷入了封建制度,那并不是因为封建制度是人类进化道路上的一个必经阶段,哪怕人类想要绕过它也无法绕过。欧洲之所以饱受其害,反而是因为它没有一套能够规范人与人之间关系、提供健全思想指引的制度或信仰。倘若欧洲当时也存在一种像伊斯兰世界那样的信仰与理念,来引导和组织其社会经济关系,封建制度就绝不可能在欧洲兴起或盛行。
(2) If Europe was condemned to feudalism it was not because feudalism is an essential stage of evolution on the path of evolution that can never be bypassed by mankind even if it should so desire. Europe suffered from it rather because of the fact that it did not possess any system or creed such as might have regulated human relationships and offered a sound intellectual guidance. Had there been present such a creed and ideology as was the case with the world of Islam, to guide and organize their socioeconomic relationships, no feudalism could ever have sprung up or flourished in Europe.
(3) 经济演进的各个阶段——原始公社制、奴隶制、封建制、资本主义,然后是最终的共产主义社会——辩证唯物主义者将其描述为人类历史上的普遍现象,但实际上这些阶段在欧洲历史之外根本不存在。欧洲以外的任何民族都从未经历过这些阶段。伊斯兰世界在其整个历史中从未经历过封建制阶段;至今它也从未作为一个整体进入共产主义阶段,将来也绝不会达到那一阶段。
(3) The different stages of economic evolution-first communist society, slavery, feudalism, capitalism and then the final communist society-which the dialectical materialists describe as a common phenomenon in the history of mankind, really have no existence whatsoever outside the European history. These stages were never passed through by any people outside Europe. The world of Islam never in its whole history passed through the stage of feudalism; it has never also as such till now come to the stage of communism, nor will it ever reach that stage.
邓洛普是英国殖民当局委派负责规划和监督埃及教育政策的英国官员。
1 Dunlop was the British official entrusted by British colonialist authorities to plan and supervise educational policy in Egypt.
1 《共产主义》(An-Nizam-ul-Ishliraki),第22–23页。
1 An-Nizam-ul-Ishliraki "Communism"-pp, 22-23.