有些人常说:"我们今天还能照搬很久以前在沙漠里实行的那些野蛮刑罚吗?偷窃者的手因五先令就被砍断,这样做是允许的吗?在二十世纪这样的事情能发生吗?二十世纪认为罪犯是社会的受害者,主张他应当接受医疗而不是惩罚。"二十世纪允许在北非屠杀四万无辜之人,却禁止对一名罪犯施以应有的惩罚!!人们啊,那些常常掩盖真相的欺骗性言辞,实在可悲!!二十世纪的文明及其罪恶,不过如此。让我们来探讨伊斯兰教中关于罪与罚的概念。

Some people often say, "Can we apply today the same barbarous punishments which were applied long ago in the desert? Is it permissible to cut a thief's hand for five shillings? Could such things take place in the twentieth century, which regards the criminal as the victim of society and maintains that he is entitled to medical treatment rather than punishment?" How is it that the twentieth century permits the slaughter of forty thousand innocent people in North Africa but forbids the rightful punishment of one single criminal!! Woe to people from deceptive Words that often hide the truth!! So much for the twentieth century civilization and its evils. Let us discuss the concept of crime and punishment in Islam.

犯罪常被视为对社会的个人侵害。因此，犯罪与刑罚的概念与一个民族对个人与社会关系的理解密切相关。

Crime is often regarded as an individual aggression against the community. That is why the concept of crime and punishment is closely connected with a nation's concept of the individual-community relationship.

个人主义国家——例如资本主义西方国家——过分地神化个人，把他视为一切社会生活的中心。这些国家限制了国家限制个人自由的权利。这种态度也体现在它们对犯罪与刑罚的看法上。它们同情罪犯，并善待他们，因为他们是腐化环境、心理情结和神经紊乱的受害者，而这些是他们无法克服的。因此，这些国家倾向于减轻刑罚，甚至到了——尤其是在道德罪行方面——刑罚不再被视为惩罚的地步。

Individualistic countries-such as the capitalist western states go too far in sanctifying the individual; they regard him as the centre of all social life. Such countries straiten the state's right to restrict the freedom of the individual. This attitude is reflected in their conception of crime and punishment. They sympathize with criminals and treat them kindly because they are victims of corrupted circumstances, psychological complexes and nervous disorders which they could not overcome. Therefore such states are inclined to reduce penalties until--especially in moral offences they are no longer regarded as punishment.

在这一阶段，精神分析介入，用来为犯罪辩解或加以开脱。值得注意的是，弗洛伊德是那一历史性转变的倡导者，这种转变把罪犯视为社会、宗教、道德和传统压抑性本能所造成的性情结的受害者。此后，所有精神分析学派都追随弗洛伊德的榜样，但其中许多人并不同意他关于性能量是生命核心的观点。这些学派都将罪犯视为被动的个体，是其成长过程中所处的一般环境和个人境遇的受害者。他们信奉所谓的"心理决定论"，也就是说，人在心理能量面前没有意志或行动的自由，心理能量以预先确定的方式运作。

At this stage psycho-analysis comes in to justify or explain away the crime. It will be noted that Freud was the champion of the historical change which regarded a criminal as the victim of the sexual complexes resulting from the repression of the sexual instincts by society, religion. morality and tradition. Later all schools of psycho-analysts followed Freud's example but many of them did not agree with him that sexual energy was the centre of life. All such schools regard a criminal as a passive creature who is the victim of general and personal circumstances amidst which he was brought up. They believe in what is called "psychological determinism" that is to say, a man has no freedom of will or action with respect to the psychological energy which acts according to a predetermined manner.

另一方面,共产主义国家坚持认为,社会是一个神圣的实体,个人不得反抗它。因此,这些国家对反抗国家的个人施以严厉的惩罚,包括死刑和酷刑。

On the other hand, communist countries maintain that the community is a sacred entity against which the individual must not rebel. Therefore, such states inflict great penalties including death and torture on individuals who rebel against the state.

共产主义将罪行归因于经济因素，而非心理因素——弗洛伊德和其他心理学家则相反。共产主义认为，经济秩序混乱的社会无法培育美德。因此，罪犯不应受到惩罚。但是，在经济由绝对平等理论支配的俄罗斯，仍在使用监狱和法院，共产主义者能否解释罪行为何发生，以及为何监狱和法院依然存在呢？

Communism refers offences to economic rather than psychological considerations--as Freud and other psychologists did. Communism holds that a society which suffers from economic disorder cannot foster virtues. Therefore criminals should not be punished. But can the communists explain why crimes arc committed, why prisons and courts are still in use in Russia where the economy is governed by the theory of absolute equality?

毫无疑问，个人主义和共产主义两种观念都部分正确。

There is no doubt that both individualistic and communist conceptions are partly true.

确实，一个人所处的环境对其性格有很大影响，潜意识的情结有时也会导致犯罪。但是，人在面对这些环境时并非完全被动的存在。精神分析学家犯了这样一个错误：他们只关注人身上的动力能量，却忽视了人类系统中固有的控制能量。正是这种能量，使孩子在到了一定年龄后能够控制自己的分泌腺，不再尿床；同样也是这种能量，能够控制他的情绪和行为，使他不至于持续屈从于放纵的欲望和一时的冲动。

It is true that circumstances surrounding an individual have a great effect on his constitution and that the subconscious complex may sometimes lead to crime. But man is not a completely passive being in confronting such circumstances. The psycho-analysts commit this mistake: they concentrate on the dynamic energy in man but they ignore the controlling energy which is quite inherent in the human system. The energy which enables a child to control his secretive glands and avoid wetting his bed after a certain age is the same energy which can control his emotions and actions so that he may not continuously give in to his unruly passions and sudden whims.

另一方面,经济状况确实会影响个人的情感和行为。饥饿会瓦解人的精神、滋生仇恨,进而可能导致犯罪或道德败坏,这一点不假。但若说只有经济因素才影响人的行为,则只是片面的真理。苏联声称已经消除了饥饿与贫困,而该国的生活现实恰恰与此论断相悖,这便足以证明这一点。

On the other hand, economic conditions do have some effect on the feelings and actions of individuals. It is true that hunger, by disintegrating the spirit and breeding hatred, may lead to crime or moral corruption. But to say that only the economic factor influences human conduct is a half truth. It is belied by the facts of life in the Soviet Union which claims to have wiped out hunger and poverty.

主要问题在于：在决定是否惩罚罪犯之前，我们必须先确定他对所犯罪行所应承担的责任程度。值得注意的是，伊斯兰教在考虑犯罪与刑罚问题时，正是将这一点纳入了考量。

The main question is this: before deciding whether or not a criminal should be punished, we must determine the extent of his responsibility for the offence he committed. It is to be noted that Islam takes this into account when it considers the question of crime and punishment.

伊斯兰从不随意规定刑罚，也不会在未经充分考量的情况下施行。在这一点上，伊斯兰拥有一套独特的理论，它融合了两个世界的长处：共产主义理论与个人主义理论。伊斯兰以正确的方式维护公正的平衡，坚持审查与犯罪相关的一切条件和情况。在研究一项罪行时，伊斯兰同时考虑两个方面：罪犯的立场，以及遭受侵害的社会群体的立场。基于这些考量，伊斯兰规定公平的刑罚，这种刑罚符合健全逻辑和明智推理的要求，并且不受偏差理论以及民族或个人一时之念的影响。

Islam never prescribes punishments haphazardly nor does it execute these without due consideration. In this respect Islam has a unique theory which combines the best of both worlds: the communist as well as the individualistic theories. Islam holds the balance of justice in the right manner and insists on examining all conditions and circumstances connected with the offence. On studying a crime Islam takes into account two considerations at the same time; the viewpoint of the criminal and that of the community against which aggression took place. In the light of such considerations Islam prescribes the fair punishment which is in accordance with the dictates of sound logic and wise reasoning and which must not be affected by delinquent theories and national or individual whims.

伊斯兰教规定了一些预防性的刑罚，如果表面看来，或不加审慎考虑，可能显得残酷或粗暴。但是，伊斯兰教只有在确认犯罪行为并非出于正当理由，或罪犯并非在任何义务驱使下行事时，才会执行此类刑罚。

Islam imposes preventive punishments which may appear cruel or coarse if viewed superficially or without proper consideration. But Islam does not execute such punishments unless it ascertains that the crime was not justifiable or that the criminal was not acting under any obligation.

伊斯兰教规定窃贼的手应当被砍断，但只要存在哪怕一丝怀疑，即窃贼是因饥饿而被迫犯罪，这种刑罚便绝不施行。

Islam prescribes that a thief's hand should be cut, but such punishment is never inflicted where there is the slightest doubt that, he thief was impelled to crime by hunger.

伊斯兰教规定，通奸的男女都应被石击致死，但只有在已婚者犯下此等可恶罪行，且有四名目击证人提供确凿证据的情况下，才会施行这一刑罚。也就是说，已婚的男女公然犯下如此重大的罪行时，方可适用。

Islam prescribes that both adulterer and adulteress should be stoned but it does not inflict such punishment unless they are married persons and upon conclusive evidence by four eye witnesses i.e. when two married persons flagrantly commit such a heinous crime.

值得一提的是，伊斯兰教对其所规定的所有刑罚都采取了类似的预防措施。

It is to be mentioned that Islam took similar precautions with respect to all the punishments it had prescribed.

这一点从第三任哈里发欧麦尔·本·哈塔卜所制定的一条规则中可以明显看出。欧麦尔被视为伊斯兰最杰出的立法者之一。他以严格执行伊斯兰教法（沙里亚）的规定而闻名，因此不能说他在法律解释上是宽松的。应当记住，在饥荒之年，由于存在人们可能因饥饿而被迫行窃的疑虑，欧麦尔并未执行针对盗窃罪所规定的刑罚（断手）。

This is evident from a rule laid down by the third Caliph, Omar bin Al-Khattab who is considered as one of the most prominent legislators or Islam. Omar was known for his strict rigidity in enforcing the rules of Al-Sharia (law); therefore it cannot be said that he was lenient in the interpretation of the law. It should be remembered that Omar did not carry out the punishment prescribed for theft (cutting the hand) during the year of famine when there was some doubt that people might be impelled to theft by hunger.

上述规则最好由以下这段故事来说明：

The above-mentioned rule is best illustrated by the following episode:

有人向欧麦尔报告说，哈推布·本·艾卜·巴勒타’的一些仆童偷了穆兹奈部落某人的母骆驼。欧麦尔询问这些孩子，他们承认了偷窃，于是他下令砍断他们的手。但他又重新考虑，说：“以真主起誓，如果我不知道你驱使这些孩子，并让他们挨饿，以致他们为了能吃到对他们而言被禁止的东西而去偷窃，我就会砍他们的手。”

"It was reported to Omar that some boys in the service of Hatib Ibn Abi Balta'a had stolen the she-camel of a man from the tribe of Muznah. When Omar questioned the boys they admitted the theft so he ordered their hands to be cut. But on second thoughts he said, “By God I would cut their hands if I did not know that you employ these boys and starve them so that they would be permitted to eat that which is prohibited unto them".

然后他对他们的雇主说："以真主发誓，既然我没有砍断他们的手，我就要处以你一笔让你痛心的罚款。"于是他命令他支付母骆驼价格的两倍。

Then he addressed their employer saying: “By God, since I have not cut their hands I am going to penalize you with a fine that shall pain you" and he ordered him to pay double the price of the she-camel".

这一事例说明了一条非常明确的原则:如果存在促使犯罪者实施罪行的情况,则不予施加刑罚。这一原则得到先知的话语支持:“遇有疑问时,避免执行刑罚。”ﷺ

This episode illustrates a. very clear and express principle; punishment win not be inflicted where there are circumstances which impelled the wrong-doer to commit the crime. This principle is supported by the saying of the prophet: “Avoid the execution of punishment by doubt".

如果我们考察伊斯兰在规定刑罚时所采取的政策，就会认识到，伊斯兰首先力求净化社会，消除可能导致犯罪的各种环境。在采取这种预防措施之后，伊斯兰再规定一种具有预防作用且公正的刑罚，适用于那些犯罪没有合理理由的人。如果社会无法消除可能导致犯罪的环境，或者对犯罪事实存在疑问，则不予执行刑罚，统治者可以释放罪犯，或者根据其对犯罪所负责任的程度，对其施以较轻的处罚（鞭笞或监禁）。

If we study the policy adopted by Islam in prescribing punishment we shall realize that Islam tries in the first place to purify society from circumstances that may lead to crime. After taking such precaution Islam prescribes a preventive and just punishment which may be inflicted upon persons who have no reasonable justification for their crimes. Where the community is unable to preclude circumstances which may lead to crime or where there is some doubt regarding the crime, the punishment will not be inflicted and the ruler will set the criminal free or he may inflict on him a light punishment (beating or imprisonment) in proportion to his extent of responsibility for the crime.

伊斯兰教通过多种途径努力防止可能导致犯罪的情况出现。它努力确保财富得到公平分配。在欧麦尔·本·阿卜杜勒-阿齐兹执政时期，它甚至消灭了所有贫困现象。伊斯兰国家负责供养每一位公民，不分其宗教、种族、语言、肤色或社会地位。国家还负责确保所有公民都有体面的工作。如果没有工作机会，或者个人无法工作，将从公共金库中给予他援助。

Islam strives by various means to preclude circumstances that may lead to crime. It strives to ensure a fair distribution of wealth. It even managed to wipe out all poverty in the regime of Omar bin Abdul Aziz. The Islamic state is responsible for the support of every citizen, regardless of his religion, race, language, color or social status. The state is also responsible for ensuring decent work for all citizens. Where work is not available or if an individual is incapable of working, aid will be given to him from the public treasury.

伊斯兰教杜绝了盗窃的一切可能动机,同时在施加刑罚之前,会审查犯罪的一切情况,以确定罪犯并非受某种驱使才犯下罪行。

Islam precludes all possible motives for robbery yet it examines all circumstances of a crime to ascertain, before the infliction of the punishment, that the criminal was not impelled to commit crime.

伊斯兰教承认性欲的强烈与迫切，但它试图通过合法途径，即婚姻，来满足人的性本能。因此，伊斯兰教提倡早婚，并为那些想结婚却无力负担的人提供来自公库的资助。另一方面，伊斯兰教净化社会，使其远离那些挑动情欲的诱惑。它还规定了崇高高尚的理想，消耗过剩的活力，并将其引导到服务公共利益之上。它主张人们在闲暇时间应努力不断地接近真主。通过这种方式，伊斯兰教消除了一切可能导致犯罪的动机。尽管如此，伊斯兰教并不急于施加惩罚，除非罪犯无视传统，并且公然通奸、以至于有四位目击证人亲眼看见，从而堕落到了兽性的地步。

Islam recognizes the strength and importunity of sex but it tries to satisfy the sexual instinct through legal means i.e. marriage. Therefore Islam advocates early marriage and provides aid from the public treasury for those who wish to get married yet cannot afford to do so. On the other hand, Islam purifies society from temptations which excite the passions. It also prescribes lofty and noble ideals which exhaust excessive vitality and direct it into the service of public interest. It prefers that leisure time should be spent in trying to become closer and closer to God. In this manner Islam eradicates all motives that may lead to crime. Nevertheless, Islam does not hasten to inflict punishment unless the criminal has disregarded traditions and degenerated to animality by committing adultery so openly that he could be seen by four eye-witnesses.

有人或许会说,当今的经济、社会和道德状况使年轻人难以结婚,因而他们容易走向通奸。这种说法有一定道理。但是,一旦伊斯兰教被真正地施行,就不会再有那些使年轻人堕落的疯狂诱惑,也不会有色情电影、报纸或歌曲。街头不会再有令人兴奋的诱惑。也不会再有使人无法结婚的贫困。只有到那时,人们才可以被要求保持贞洁,而他们也确实能够保持贞洁。在这种情况下,对违法者施以刑罚才是合理的,因为他们既没有借口,也没有理由为自己辩解。

It may be said that the present economic, social and moral conditions make it difficult for young men to get married and consequently they are led to adultery. There is some truth in that. But when Islam is truly applied there will be no maddening crazy temptations which lead young men to corruption, and there will be no pornographic motion pictures, newspapers or songs. No exciting temptation will be walking along the streets. There will be no poverty which prevents people from marriage. It is then and only then that people may be called on to be virtuous and they can be virtuous. In such a case punishment may be inflicted on offenders because they have no excuse or justification.

在规定刑罚之前，伊斯兰首先努力消除一切可能导致犯罪的环境和动机。即便如此，若仍有犯罪发生，只要对其事存有任何疑问，伊斯兰仍会努力免除刑罚的执行。

Before prescribing punishment, Islam tries in the first place to wipe out all circumstances and motives that may lead to crime. But even if after that a crime is committed Islam tries to waive the execution of punishment if there is any doubt about it.

我们是Islamic书籍的翻译工具,此处需要的是将原文翻译为简体中文。您提供的文字是一个问题:"Could any other system match the justice of Islam?" 请提供需要翻译的原文段落,我会按要求逐句翻译。

Could any other system match the justice of Islam?

正是因为一些欧洲人没有研究伊斯兰关于罪与罚的真实概念，他们才认为伊斯兰所规定的刑罚野蛮，有损人的尊严。他们错误地想象，这类刑罚——比如欧洲民法中的那些刑罚——会每天都在施行；他们还以为伊斯兰社会每天都在执行鞭刑、断手和石刑。然而事实是，这些具有震慑作用的刑罚执行得非常罕见。在四百年的时间里，盗窃罪的刑罚只执行过六次，这一事实清楚地表明，此类刑罚的首要目的在于预防犯罪。

It is because some Europeans have not studied the reality of the Islamic concept of crime and punishment that they consider the punishments prescribed by Islam as barbarous and degrading to human dignity. They wrongly imagine that such punishments like the-European Civil punishments-will be inflicted every day. They also fancy that the Islamic society indulges in daily executions of flogging, hand-cutting and stoning. But the fact is that such deterrent punishments have been executed very rarely. The fact that the punishment for theft has been executed only six times throughout a period of four hundred years is clear evidence that such punishment was primarily meant to prevent crime.

应当铭记，伊斯兰教在规定刑罚之前，首先着眼于预防犯罪。即使在极少数实施此类刑罚的情况下，我们也可以确信，这些刑罚是完全公正的。

It should be remembered that Islam, before prescribing punishment, aims at the prevention of crimes. Even in the very rare cases when such punishments were inflicted we may be sure that they were quite just.

没有任何理由能解释为什么一些欧洲人害怕伊斯兰教律法的实施，除非他们天性邪恶，并且执意犯下毫无正当理由的罪行。

There can be no reason why some Europeans are afraid of the application of the rules of Islam except that they are criminal by nature and persist in committing crimes which lack all justification.

另一方面,有人认为这些刑罚没有实际意义。这种看法并不正确。设立这些刑罚,是为了震慑那些没有合理犯罪动机、却强烈渴望犯罪的人。无论他们的动机多么强烈,刑罚必定会使他们在犯任何罪行之前三思而后行。诚然,有些年轻人可能遭受性压抑。但只要社会为公共利益而努力,并关心其所有成员,社会就有权在人身与财产方面获得充分的安全保障。

On the other hand, some persons imagine that such punishments have no practical significance. This is not true. These punishments were prescribed in order to frighten those individuals who have no reasonable motive for crime yet feel a strong desire for coIl1mitting crimes. However strong their motives may be, the punishment will surely make them think twice before committing any crime. It is true that some young men may suffer from sexual repression. But so long as the community works for the public good and cares for all its members, the community is entitled to full security with respect to persons and property.

另一方面,那些无明显原因而倾向于犯罪的人,并不会被放任自流。伊斯兰教会尽一切可能的方法来治疗他们,使他们恢复正常。

On the other hand, those people who tend to commit crimes for no clear reason are not left to their fate. Islam tries all possible means to treat and restore them to normality.

令人遗憾的是，一些受过教育的年轻人和现代法学家，仅仅因为害怕被欧洲人指责为野蛮，便去攻击伊斯兰所规定的刑罚。

It is to be regretted that some cultured youths and modem jurisprudents attack the punishments prescribed by Islam simply because they are afraid of being accused of barbarism by Europeans.

我相信，这样的人若能研习伊斯兰立法的智慧，必将大有裨益。

But I am sure that such people would benefit very much by studying the wisdom of the Islamic legislation.