伊斯兰与女性
Islam And Woman
今天的东方正为女性权利问题沸腾不已,人们要求为女性争取与男性完全平等的地位。在这场狂热的女权运动中,最引人注目的,是那些以伊斯兰之名最为愚妄地叫嚷的男男女女。有些人别有用心地宣称,伊斯兰在各方面都已维护了两性之间的完全平等;另一些人则因对伊斯兰一无所知或疏于研习,便断言伊斯兰是女性的敌人,因为它贬低女性、降低她的地位,认为她智力低下,并将她的处境几乎等同于动物。他们说,她被简化为男人肉欲享乐的工具,以及繁衍人类的机器,仿佛这就足以表明,在伊斯兰看来她是如何顺从于男人,以至于男人支配她,并在各方面对她享有全面的优越地位。
The East today is simmering with a furor over the- rights of woman and a demand in her behalf for perfect equality with man. The most noteworthy among the feverous champions of women's rights are those men and women who in the name of Islam rave most foolishly, some mischievously alleging that Islam has in all respects maintained perfect equality between the sexes, while others, thanks to their ignorance of Islam or negligence thereof, claim that Islam is an enemy of woman, for it degrades her and lowers her status holding her intellectually deficient and assigning her a position very much akin to that of animals. She is reduced to no more than a mere means of sensual gratification for man and a machine for the propagation of the human species which is sufficient to show how subservient to man she is in the sight of Islam with the result that man dominates her and enjoys an all-round superiority over her.
这两类人要么同样对伊斯兰教一无所知,要么故意混淆是非,以此欺骗他人、在社会中播下纷争与祸乱的种子,从而实现其邪恶的图谋,并为他们所策划的卑劣把戏铺平道路。
Both of these classes of people are equally ignorant of Islam or they intentionally confuse the right with the wrong in order to deceive others and sow the seeds of discord and mischief in society so as to further their own nefarious designs and facilitate the foul game they are out to play.
在详细讨论伊斯兰教中妇女的地位之前,我们拟先简要回顾欧洲妇女解放运动的历史,因为现代东方各种背离伊斯兰的倾向,正是源于这一祸根。
Before embarking upon a detailed discussion of the position of woman in Islam, we propose first to touch in brief upon the history of the movement for women's emancipation in Europe, for it is this very source of mischief whence all the defecting trends in the modern East Bow.
在欧洲乃至全世界,女性曾被视为微不足道的存在。
The woman in Europe and all over the world was looked upon as a mere nonentity.
她曾是许多学者和“哲学家”论辩的主题,这些人围绕以下问题彼此争执:女人是否有灵魂?如果有,那么她的灵魂究竟是什么性质,是人类的还是动物的?
She formed the theme of many a discourse of the learned "scholars" and "philosophers" who wrangled among themselves over questions such as these: Has woman got a soul or not? If yes, then what precisely is the nature of her soul, is it human or animal?
假设她确实拥有人的灵魂,那么她在与男人的关系中应当处于怎样的社会和人性地位?她生来就是男人的奴隶,还是地位略高于奴隶?
Supposing she does possess a human soul then what social and human position should she occupy in relation to man? Is she born as a slave to man or does she hold a position slightly superior to that of a slave?
这种状况即使在历史上某些相对短暂的时期里也未曾改变,那时在希腊和罗马帝国等地,女性似乎在当时的社会结构中占据了中心地位。但这种推崇并不意味着对女性本身的推崇;它实际上只是对居住在首都城市的少数杰出女性的推崇,原因在于她们的某些个人品质使她们成为社交聚会的灵魂人物。她们不过是放荡的富人的消遣与娱乐工具,那些富人出于纯粹的虚荣与自负而为她们在公众场合的露面喝彩。然而,这并不表示对女性作为人的尊重,也不表示看重她为男性带来的快乐之外的任何价值。
This situation remained unchanged even through those relatively short spans of history when woman appears to have occupied a central position in the social set-up of the time e.g., in Greece and the Roman Empire. But all this exaltation did not mean the exaltation of woman u such; it was rather an exaltation of a few outstanding women inhabiting the capital cities because of some of their personal qualities which made them the life and soul of social parties. They were no more than means of diversion and entertainment for the licentious rich who applauded their appearances in public out of sheer vanity and self-conceit. But this did not signify any respect towards woman as a human being and apart from the pleasure she brought to men.
这种妇女在欧洲的地位在农奴制和封建制时期并未改变。她在蒙昧之中,有时被奢华与放纵所诱惑,有时则甘于像动物一样生活——吃饭、喝水、生育、养育他人,日夜劳作。
This position of woman in Europe remained unaltered during the periods of serfdom and feudalism. She in her ignorance was blandished sometimes by luxury and license and at times was content to live as animals-eating, drinking, bearing children, giving birth to others, and working day and night.
当工业革命在欧洲发生时,它给女性带来了人类历史上她们所经历过的最为严重的苦难。
When the industrial revolution took place in Europe it brought in its wake the worst possible sufferings for woman yet experienced by her throughout the history of mankind.
欧洲历来在本性上表现出一种僵硬与吝啬,既缺乏慷慨,也缺乏宽厚。它使人承受艰辛,却不许诺任何眼前或长远的物质回报。然而,在奴隶制和封建制时期,生活的经济条件,加上当时普遍的农业环境,使男人有责任供养女人。这十分自然,也完全契合那个时代的精神。尽管如此,当时的女人仍从事一些简单的家庭手工业,这类手工业在任何农业社会中都能见到。通过这种方式,她为男人供养自己的付出做了偿还。
Europe has throughout the ages exhibited such a rigidity and avarice of nature as lack both generosity and liberality. It made men undergo hardships without a promise of any immediate or remote material gains in return. However, the economic conditions of life during the periods of slavery and feudalism along with the prevalent agricultural milieu were such as made man responsible for the support of woman. It was quite natural and in complete harmony with the spirit of the age. The woman nonetheless at that time worked in some simple cottage industries such as are found in any agricultural society. In this way she paid back the price to men for supporting her.
但随着工业革命的到来,国家的整个社会面貌在乡村和城市中都发生了根本性的变化。家庭生活遭到彻底破坏,由于工业革命,妇女和儿童被迫走出家门到工厂劳作,维系家庭成员之间的纽带因此被撕裂。工人阶层逐渐离开了乡村生活——那种以相互责任和合作为原则的生活——转而涌入城市。在城市里,每个人都过着孤独的生活,没有人关心邻居,也没有人有心去帮助他人,人人只顾劳作赚钱以养活自己。在这里,道德准则不再被遵守,也不再受到重视。男女一旦找到满足性欲的机会,便不再顾及道德上的顾虑。结果,这些人中结婚并养家的意愿有所减弱;即便在一些人心中仍然存在,其倾向也是将此推迟,至少再延后几年。1
But with the industrial revolution the whole of the social scene underwent a radical change in the country no less than in cities. The family life was completely ruined, and the ties holding together its members were torn asunder when women and children were, thanks to the industrial revolution, forced to go out and work in factories. The working classes slowly and gradually left the country life, a life based on the principles of mutual responsibility and co-operation, and came over to cities wherever everybody lived a solitary life and where nobody was interested in his neighbors nor was anyone in a mood to Support others but worked and earned to support his own-self. Here, there were no more any rules of morality observed or cared for. Men and women no longer bothered about moral scruples if they but once found an opportunity to gratify their sexual urge. As a result thereof the will to marry and support a family suffered decline among these people or if it still persisted in some hearts the trend was to postpone it at least for some years longer.1
我们无意在本书中详述欧洲的历史,仅关注那些影响欧洲历史上女性境遇的因素。正如我们上文所说,工业革命使妇女和儿童承担了过重的劳动。
We do not intend in these pages to dwell on the history of Europe. We are merely concerned with the factors that influenced the career of woman in European history. As we said above, the industrial revolution overburdened women and children with work.
这削弱了家庭纽带,进而导致家庭生活彻底瓦解。但付出沉重代价的是女性。她比以往任何时候都更加辛勤劳作,却失去了尊严,而在心理和物质上仍远未得到满足。
This weakened the family ties, which in turn lead to a complete disintegration of family life. But it was the woman who had to pay dearly. She worked harder than ever before, and lost her honor, but was still far from being satisfied psychologically and materially.
人类不仅不愿承担起供养她的责任——无论她是妻子还是母亲——反而要求她自己养活自己。在工厂里,她受到工厂主最无情的剥削:她在那里长时间劳作,所得报酬却远低于同一工厂中从事相近工作的男性。
Man not only shrank back from taking upon himself the responsibility of supporting herbe she his wife or mother but also charged her to provide for her own-self. In the factories, she was exploited most ruthlessly by the factory owners; she worked there for long hours but was paid far less than the men doing a kindred job in that very factory.
无需追问这一切为何发生,因为众所周知,欧洲向来以吝啬、僵化和忘恩负义著称。它从未以尊重人之为人的态度对待他人,也从不乐于做出自愿的善举;反而在无需付出代价的情况下,将邪恶传染给他人,它过去与现在的记录都证明了这一点。除非真主至高无上地引导它走上正道,并在精神上提升它,否则它在未来的岁月里很可能仍将一成不变。尽管妇女和儿童弱小无助,却遭受了极其残酷的剥削。
It is needless to ask why all this happened as we know that Europe has been for ever known for its miserliness, rigidity and ingratitude. It has never been known to respect men as men, nor, to render a voluntary act of goodness while it could with impunity infect others with evils as its record of the past as well as of the present testifies; and it might as well remain unchanged in the years to come except if God Almighty should lead it to the right path and elevate it spiritually. However, weak and helpless they were, women and children suffered a mos. ruthless exploitation.
然而,也有一些有良知的人,他们无法坐视这些卑劣的不义行径加诸弱势群体之上。他们努力为这种对儿童的残酷行为画上句号(请注意,是儿童,而不是妇女!)。社会改革者谴责在工厂中让年幼的儿童做工,使他们承受阻碍其自然成长的劳动负担,同时又为他们所从事的繁重粗重的工作支付微薄且不足的工资。不过,对社会不公的抗议并未被忽视,它们结出了果实:就业的最低年龄逐步提高,工资得以增加,工作时间也被缩短了。
There were, however, some conscientious men who could not silently bear the perpetration of these vile iniquities against the weaker section of the population. They struggled to put an end to this cruelty towards the children (please note, the children, not women!). The social reformers denounced the employing of children as workers in factories at an early age, burdening them with work that retarded their natural growth besides paying them scanty and inadequate wages for the burdensome and rough work they did. The protests against social injustice did not, however, go unnoticed. They bore fruit; the age of employment was gradually raised; the wages were increased, and the working hours were cut down.
但是,女性仍然没有任何人为她们发声、推动她们的事业,因为这需要一种欧洲所不具备的思想上的成熟。结果,女性在这种困境中艰难前行,拼命超负荷劳作以维持生计,所得的报酬却远低于从事同等工作的男性。
But women still remained without anyone to champion or advance their cause, as it required an intellectual refinement such as Europe did not possess. As a result thereof woman pressed on her way through this ordeal overworking herself in a desperate effort to support herself but receiving in return wages far less than those given to her male counterpart-for a similar work.
在第一次世界大战中,数以千万计的欧洲和美洲青年丧生,留下了数百万守寡的妇女。这些可怜的妇女遭受了最严重的磨难和劳苦之苦。她们无人扶持,无人照料,因为这些家庭的主要经济支柱或死于战争,或终身残废,或因恐惧、神经紧张和毒气而精神崩溃,以致丧失了工作能力,又或者他们刚刚服满四年刑期从监狱中释放出来,如今只想寻欢作乐,以恢复其神经上的镇定。所有这些人都已丧失了结婚并养活一个完整家庭的意愿,从而使自己在身体和物质上都陷入了不便。
In the first great war tens of millions of European and American young men were killed leaving behind them millions of widowed women. These poor women suffered the worst tribulations and trials of labor. They had none to support or look after them, for the bread-winners of most of these families were either killed in war or crippled for life, or had suffered such a nervous breakdown because of fear, nervous tension or poisonous gases as had left them incapacitated for work, or they had just been released from a prison house after serving a four years' term-and now would enjoy themselves to regain their nervous self-composure. All such people had lost the will to get married and support a whole family, thus putting themselves to physical as well as material inconvenience.
战争造成了男子的极度短缺,幸存者几乎无法填补这一空缺。由于劳动力不足,工厂无法恢复生产,战争造成的破坏也无法修复。于是,妇女不得不走出家门,取代男子的位置,否则她们自己以及依靠她们生活的人——老人和幼儿——便会面临饥饿的威胁。然而,去工厂工作,就要求妇女抛开她的道德气质以及女性天性,而这些东西此时已成为她谋生的一大障碍。此外,工厂主要的需求不仅仅是劳动力,他们还想满足自己的肉欲。妇女此时的无助为他们提供了一个绝佳的机会,他们充分利用了这一机会。因此,妇女必须履行双重责任:在工厂劳动,并竭尽全力取悦雇主。妇女所面临的不仅是饥饿,性的需求也同样索取它应得的满足。由于战争使男子人数锐减,并非所有妇女都能通过婚姻获得这种满足。然而,欧洲流行的信条和宗教在这种紧急时期并不允许一夫多妻——而伊斯兰教则允许。因此,欧洲的妇女任由自己的欲望摆布,欲望将她们裹挟而去,不论愿意与否。她们对面包的需要、对性满足的渴求,以及对昂贵衣物、化妆品等的爱好,都是迫使她们走上这种生活道路的因素。
The war had caused so great a shortage of men that the survivors could hardly supply their place. The factories could not restart their production nor could the war damages be repaired due to the shortage of working hands. Thus it fell upon women to go out and take the place of men, for if they did not, they as well as their dependents-old Women and small children-were threatened by hunger. To go and work in the factories, however, required that woman should ignore her moral temperament as well as her feminine nature which bad now become a positive hurdle in earning her living. Moreover, factory-owners did not want working hands merely; they wanted to satisfy their lust as well. The helplessness of woman now promised them an excellent opportunity of which they fully availed themselves. The woman thus had to discharge a two-fold duty: work in the factories, and try her level best to please her employer. The woman was not plagued by hunger alone; sex too claimed its share and gratification. As the number of men had fallen too low due to the war, not all the women could achieve that gratification through marriage. But the creed and religion prevalent in Europe did not allow polygamy-as Islam does-in such periods of emergency. Thus the woman in Europe was left at the mercy of her passions that swept her away bon gre' mal gre'. Her need for bread and the urge to achieve sexual gratification besides her love for costly clothes, cosmetics etc. were the factors that forced her to this course of life.
这样,西方女性便坚持着这种取悦男人的生活方式,在工厂和商店里工作,并以正当或不正当的手段获得她所向往的东西。然而,她拥有的越多,对这些东西的渴望就越强烈;为了满足这种渴望,她又被驱使着去更加努力地工作。工厂主利用了女性的这一弱点来为自己谋利。同一工厂里做同样工作的女工,所得工资远低于男工,这是一种严重的不公,无论是理性、良知还是人类,都永远无法为之辩护。
Thus did the western woman persist in this course of life pleasing men, working in factories and shops and achieving the things she admired by foul or fair means. But the more she came to possess them, the more intense her passion for them grew, for the satisfaction of which she was egged on to work more. The factory-owners exploited this weakness of woman to their own advantage. They paid her wages far less than those they paid to the male workers doing the same work in the same factory-a gross iniquity which neither reason nor conscience or mankind can ever justify.
在这种情形之下,欧洲终于爆发的那场巨大变革是不可避免的。它扫除了延续了数百年的罪恶与严重的不公。
Under these circumstances the stupendous revolution that at last broke out in Europe was but inevitable. It swept away the centuries-old iniquity and gross injustice.
但是,这场革命给女性带来了什么结果呢?她在体力上被过度役使,失去了应有的尊重,也失去了她的女性尊严!她甚至被剥夺了拥有家庭、养育子女、与子女共同生活的天然乐趣,也被剥夺了通过为子女付出辛劳而实现真正自我的机会,从而无法获得真正的幸福感与宽广的胸怀。
But what did woman set as a result of this revolution? She was overworked physically, had lost respect as well as her womanhood! She was denied even the natural pleasure of having a family, having children, living with them and of realizing her own true self by suffering for them and so have a true sense of well-being and magnanimity.
然而,她最终争得了与男子同工同酬的权利,这是欧洲所提供的唯一一项天然权利。
She did, however, in place of these at last win the right to have equal wages with man, the only natural right offered herby Europe.
然而,欧洲男性并未轻易放弃他对女性的优越感——或者说,他的自我中心。直到经历了一场非常艰苦、激烈的斗争,各种常规的斗争手段都被充分使用之后,他才被迫承认女性享有平等的权利。
The European man did not, however, easily forego his superiority-his egoism ratherwith respect to woman. He was forced to recognize equal rights for her after a very tough and intense struggle in which all the usual weapons of warfare were fully made use of.
在这场为争取自身权利的斗争中,这位女性采取了罢工和不合作的方式,发表公开演讲,并运用新闻业来推进她的事业。随后她意识到,要端正局面,她也必须参与立法。于是,她首先要求获得投票权,继而又要求获得成为国会议员的权利。由于她所接受的教育与男性所接受的相似,双方所从事的工作也相似,因此,依照这一逻辑推论,她要求在政府中与男性享有同等的份额。
In this struggle for her rights the woman resorted to strikes and non-co-operation; addressed public meetings, and employed journalism to advance her cause. Then she realized that in order to set things right she would have to participate in legislation as well. So first she demanded the right to vote and then proceeded to ask for a right to become a Member of Parliament. As she had received an education similar to that imparted to man, for both were required to do similar jobs, now as a logical sequence to it she demanded an equal share in government along with men.
这就是欧洲女性争取自身权利的斗争历程。它是一个连续的故事,其中的各个不同阶段紧密地联系在一起。
Such is the story of woman's struggle in Europe to obtain her rights. It is one continuous story all the different episodes of which are intimately linked together.
无论人是否喜欢这一切,都已无关紧要。不久之后,女人也将意识到,在这种堕落的新社会秩序中,她与男人同样无助。她曾成功地将男人从领导和权威的位置上赶了下来。1
Whether man liked all this or not is immaterial but woman too was to realize shortly that she was as helpless as man in this new degenerated social order where she had successfully ousted man from the position of leadership and authority.1
尽管如此,读者可能会惊讶地得知,即使在今天,在民主的摇篮英国,在政府部门任职的女性仍然比男性领取更少的薪酬,尽管英国议会中已经有许多尊敬的女议员。
But despite all this the readers will be surprised to learn that even today in Englandthe cradle of democracy-women serving in government departments continue to receive less pay from the government than men do, although there are already so many honorable lady-members in the British Parliament.
让我们来探讨伊斯兰教中妇女的地位,看看是否存在历史、地理、经济、意识形态和法律方面的条件,足以迫使妇女像西方的同行那样拿起武器争取自身权利。还是说,这些在公开集会上热情洋溢地高谈妇女权利的东方“斗士”,不过是出于自卑情结,以及对西方的盲目模仿?
Let us take up the position of woman in Islam and see if there are any historical, geographical, economical, ideological and legal conditions such as should force woman to take up arms for her rights like her counterpart in the West. Or is it merely an inferiority complex and a result of thoughtlessly imitating the West that makes these Eastern champions of her rights declaim so enthusiastically in public meetings?
伊斯兰教作为其制度的一项根本原则,认为女性同样是人,她的灵魂与男性的灵魂相似:"世人哪!你们当敬畏你们的主,他从一个人创造你们,又从他创造他的配偶,并从他们两人散布许多男人和女人。"(4:1)因此,男女在起源、居所以及归宿上都是完全平等的,理应享有相同和平等的权利。伊斯兰教赋予女性与男性一样的生命权、名誉权和财产权。她是一个受尊重的人,任何人都不得指责她或背后议论她。任何人都不得因她作为女性的职责而窥探她或轻视她。这些权利是男性和女性共同享有的,两者之间没有任何差别对待。关于这些权利所制定的法律,同样适用于男性和女性:"信道的人们啊!你们中的男人,不要嘲笑别的男人,或许被嘲笑者比嘲笑者好;你们中的女人,不要嘲笑别的女人,或许被嘲笑者比嘲笑者好;你们不要互相讥诮,不要用绰号互相呼叫。"(49:11)"你们不要窥探,不要背后说人的坏话。"(49:12)"信道的人们啊!你们不要进入不是你们的住宅,直到你们获得允许,并向居住者致安。"(24:27)先知ﷺ说:"穆斯林侵犯另一位穆斯林的生命、名誉和财产,是被禁止的。"(布哈里和穆斯林圣训实录)
As a fundamental principle of its system, Islam holds that woman is a human being; and she has a soul similar to that of man: "0 people! be careful of (your duty to) your Lord, who created you from a single being and created its mate of the same (kind) and spread from these too many men and women" (iv: I). Thus men and women are quite equal to each other in their origin, their abode as well as in their place of return and are as such entitled to similar and equal rights. Islam gave her the right to life, to honor, and to property like men. She is a respectable being and it is not permissible for anyone to find fault with her or backbite her. No one is permitted to spy on her or hold her in contempt due to her functions as a woman. These are the rights that both men and women enjoy, there being no differentiation against either of them. The law laid down about these applied to men and women alike: "0 ye who believe! Let not some men among you laugh at others: it may be that the (latter) are better than the (former): nor defame nor be sarcastic to each other, by (offensive) nicknames" (xlix: 11), "... and spy not on each other, nor speak ill of each other behind their back (xlix: II). “0 you who believe I do not enter houses other than your own houses until you have asked permission and saluted their inmates" (xxiv: 27). The Holy Prophet said: "It is forbidden for a Muslim to take the life, honor and property of another Muslim.” (Bukhari and Muslim).
两性在善行上所获得的回报也是相同的:"主已应允他们的祈祷(说):我不使任何工作者——无论男女——的工作徒劳无功,你们彼此相承。"(3:195)
The reward for both sexes for their good acts is also similar: " And their Lord hath heard them (and He sayeth): Low I suffer not the work of any worker, male or female, to be lost. Ye proceed one another” (iii: 285).
男女在满足世俗物质需求的权利上是平等的,包括同样拥有财产并按其意愿处置财产的权利。他们可以抵押、出租、遗赠、出售或购买财产,也可以为自己的利益加以利用:“男人有一份父母和近亲所遗留的财产,女人也有一份父母和近亲所遗留的财产”(4:7),以及“男人有自己所赚取的一份,女人也有自己所赚取的一份”(4:32)。
Men and women are equal in their rights to realize their material needs in the world including similar rights to hold property, and dispose of it as they should wish. They are free to mortgage, to give it in lease, or bequeath it, sell or buy it or exploit it for his or her own benefit: "Unto the men belongeth a share of that which parents and near kindred leave, and unto the women a share of that which parents and near kindred leave" (iv: 7), and "unto men a fortune from that which they have earned, and unto women a fortune from that which they have earned" (iv : 32).
我们在此需要稍作停留,留意两个关于女性拥有财产并依其意愿使用或处置财产之权利的重要问题。直到不久以前,号称"文明"的欧洲法律体系都不曾赋予女性这些权利。女性只能通过男人间接行使这些权利,即通过她的丈夫、父亲或监护人。换言之,即便伊斯兰已经赋予女性这些权利,欧洲女性仍被剥夺这些权利长达一千一百多年。当她终于争取到这些权利时,她并非轻而易举地获得,而且在这场艰苦的斗争中,她也无法保持自身固有的品格、荣誉和高尚的人格。她反而不得不放弃所有这些美德,并经历了一连串艰辛劳作、杀戮、匮乏与苦难,才得到的不过是伊斯兰早已赋予女性的一小部分权利。这一切并非因为某些经济环境的压力,也不是世界上阶级冲突的结果,而是源于其实现真理与正义的愿望——正义与真理是人类生活中最根本的两项事实,应当付诸实践,而不只存在于梦想之中。其次,我们还须注意这样一个事实:共产主义尤其是,西方总体上,都认为人类生活等同于人的经济存在。
We must pause here awhile to take note of two important points concerning woman's right to hold property and use or exploit it at will. The legal systems of the "civilized" Europe till very recently did not give any of these rights to woman. She could exercise these rights only indirectly through a man, her husband, father or guardian. This means, in other words, that even after Islam had granted woman these rights, the woman in Europe was deprived of them for more than eleven hundred years. And when she at last secured them she did not do so easily nor could she during this hard struggle for her rights keep intact her innate character, honor and nobleness of person. She had rather to forego all of these virtues besides experiencing a gruesome chain of hard work, murders, privations and miseries in order to obtain what was no more than a mere portion of what Islam had already granted to women folk, not due to the pressure of some economic circumstances, or as a result of the inter-class conflict going on in the world. It was rather initiated by its desire to implement truth and justice, the two most cardinal facts of human life-in practice rather than in the world of dreams; In the second place, we must also take note of the fact that communism in particular and the West in general hold that human life is synonymous to man's economic existence.
因此他们说,只要女性不拥有任何所有权,也不能自由支配自己所拥有的财产,她就根本没有独立的存在;只有当她获得了独立的经济地位,也就是她终于拥有了直接持有财产、而不是通过男人持有财产的权利,并且能够按照自己的意愿使用或享用这些财产时,她才获得了人的地位。
Thus they say that so long as woman did not hold any right to ownership or exploit freely what she possessed she had no independent existence at all and that she attained a human status only after she came to have an independent economic existence, that is when she at last came to possess the right to hold property directly and not through man and was free to use or enjoy it, as she thought fit.
尽管我们不赞同这种对人类生活的狭隘看法,即把人贬低为纯粹的经济存在,但我们在原则上确实同意这些人(共产主义者和西方思想家)的观点:良好的经济地位确实会影响人的情感与自我意识的成长。伊斯兰在这一点上有其独特之处:它承认女性拥有独立的经济地位,赋予她以自己的名义拥有、使用和享用财产的权利,无需任何代理人或中介。不仅如此,在她一生中最重要的事情,即婚姻上,她的独立地位也得到了确立。未经她的同意,她不能被许配出嫁;只有她表示同意,婚姻才有效。先知ﷺ说:"寡妇未经商议不得出嫁,处女未经允许不得出嫁。"有人问:"她的允许是什么样的?"他说:"她的沉默即是允许。"(布哈里和穆斯林辑录)。即使在婚礼之后,如果她声明自己不同意这桩婚姻,婚姻也会被解除。
Notwithstanding the fact that we do not agree to such a narrow view of human life and its degradation to a pure economic existence we do, however, agree in principle with these people-the communists and the western thinkers-that a sound economic standing does affect human feelings and the growth of self-consciousness in human beings. Islam occupies a unique position in that it recognized an independent economic status of woman and gave her the right to own, use and enjoy it in her own right without any intermediary trustee or mediator. Not only this but in the most important problem of her life i.e. marriage as well her independent status was established. She could not be given in marriage without her assent: no marriage was valid unless she agreed to it. The Holy Prophet says: “No widow should be married without consulting her; and no virgin be married without her assent, and her assent is her silence" (Bukhari and Muslim). Even after the marriage ceremony if she declared that she did not assent to it, the marriage is dissolved.
在伊斯兰教之前,妇女若想摆脱掌控她、使她处于完全顺从地位的丈夫,只能采取迂回曲折的途径,因为无论是国家的法律还是习惯法,都不赋予她通过离婚脱离丈夫的权利。
Before Islam woman had to adopt a roundabout and crooked course to free herself of her husband who held her in a state of perfect subservience, for neither the law of the land nor the common law gave her the right to leave her husband by securing separation.
伊斯兰赋予了她这项权利,条文明确、不容置疑,她想行使时随时都可以行使。[1]伊斯兰教并不止于此,而是更进一步,赋予她向她所喜欢的任何男子提出求婚的权利。欧洲妇女直到十八世纪才获得这项权利,而即便如此,这在当时仍被誉为妇女反对古老传统的一次巨大胜利!再者,正是伊斯兰教,在整个世界都沉沦于无知与黑暗的时代,强调知识对人类的重要性——这种知识并非某一特定阶层的特权,而是每一个人不可或缺的必需。伊斯兰教规定穆斯林必须获取知识,将其作为成为真正信仰真主与伊斯兰的信徒的必要条件。伊斯兰教还有一个值得称道之处:它是第一个承认妇女拥有独立人格的宗教,并使她认识到,没有知识就无法达到完美。获取知识对妇女而言与对男子同样是重要的责任,因为伊斯兰教希望妇女既发展她们的理性能力,也发展她们的体能,从而攀登更高的精神境界;反观欧洲,直到很近的时期才承认妇女有这样的权利,而且最终也只是在经济形势的压力之下才将其授予她们。
Islam gave her this right in clear and unequivocal terms which she could exercise whenever she had a mind to do so.1 Not content with this, Islam even went a step further giving her the right to propose her marriage to any man she liked to marry. The European woman obtained this right only in the eighteenth century and still it was hailed there as a very great victory for woman against the centuries old traditions of the past! Again it was Islam that at a period when the entire world was lost in ignorance and darkness stressed the importance of knowledge for mankind, not as a special privilege of a particular class but as an essential and unavoidable need for each and every man. Islam made it obligatory upon Muslims to acquire knowledge as a necessary condition to their being true believers in God and Islam. It also goes to credit of Islam that it was the first religion that acknowledging a separate and independent human status of woman impressed upon her that she could not achieve perfection without knowledge: Acquisition of knowledge was as great a duty of woman as of man, for Islam wanted the women folk to develop their rational faculties along with their physical ones and thus ascend to higher planes of spiritual existence, whilst on the other hand Europe did not even recognize any such right for woman till very recently and did in the end grant it to her only when compelled by the pressure of economic circumstances.
上文所述,足以驳斥以下指控:伊斯兰教赋予女性的地位只是次要的,她臣服于男性,或者在伊斯兰看来她的人生角色毫无重要性可言。因为如果情况果真如此,伊斯兰就不会如此看重女性获取知识的价值。
What we have said above is sufficient to confute the allegation that Islam accords woman only a secondary status or that she is treated as subservient to man or that her role in life is, in the eyes of Islam, of no importance at all. For if it had been so, Islam would not have attached so great an importance to the acquisition of knowledge for woman.
这一点本身就证明,伊斯兰教承认女性在生活中享有尊贵崇高的地位,无论在上主的眼中,还是在社会之中皆是如此。
That it did so goes to prove that Islam acknowledges an honorable and noble status for woman in life, in the eyes of God as well as society.
然而,伊斯兰在承认男女作为人类享有完全平等的地位、被同等对待并享有同等权利的同时,也在人生的特殊职能上对男女作了区分。这一做法在某些妇女组织、部分作家、所谓的"改革者"以及一些年轻人的支持下,引起了大声的抗议和喧嚣。
But after acknowledging a perfectly equal status as human beings for both men and women, and treating them as equals, entitled to equal rights, Islam does, however, differentiate between man and woman with regard to their special functions in life, a step that has given rise to a great hue and cry by some women organizations supported by certain writers, "reformers" and young men.
在我们探讨伊斯兰在两性之间作出区分的各个方面之前,让我们先从生理学、生物学和心理学的角度来审视这一基本问题。之后,我们再来讨论伊斯兰的观点。
Before we consider the points on which Islam differentiates between the sexes, let us first tackle the basic problem from the physiological, biological and psychological standpoints. After that we will take up the Islamic viewpoint.
男人和女人属于同一性别,还是两种不同的性别?
Do men and women belong to one and the same sex or are they two distinct sexes?
他们在生活中的职能是相似的,还是各自独立、有所区别,如同男人与女人一样?这才是症结所在,是问题的核心。如果女性会议、她们的支持者、作家、改革者以及年轻人想要表达的是:男女在身体与直觉的构造上,以及在生理功能上,毫无任何差别,那么我们对他们无话可说。但如果他们承认男女之间确实存在差别,以及各自的职能有所不同,那么我们或许仍可以就这个问题共同展开富有成效的讨论。
Have they got similar functions in life or are their functions separate and distinct as man and woman? This is in fact the knotty point, the crux of the problem. If the women conferences, their supporters, the writers, the reformers and the young men mean to say that there is no difference whatsoever in the physical and intuitional equipment of man and woman as well as in their biological functions in life, then we have nothing to say to them. But if they acknowledge that a difference does exist between man and woman and their respective functions, we may yet fruitfully discuss the problem together.
关于两性平等的问题,我在拙作《介于伊斯兰与唯物主义之间的人》中已经作了详尽的探讨。在此不妨摘录其中的若干段落,列于下方:
The problem of equality of the two sexes, I have already dealt with at great length in my book: "Man Between Islam and Materialism". It may not be amiss to reproduce some paragraphs from it here below:
由于两者在职能和目标上的这一根本差异,我们发现男性与女性在禀性和体质上也因此各不相同,以致每一方都具备了适合其各自主要职能的能力。
"And as a consequence of this fundamental difference in their functions and objectives we find that man and woman have so come to differ from each other in disposition as well as in constitution that each is equipped with what it can suitably accomplish its respective primary functions.
正因如此,我实在无法理解,关于男女绝对平等的那些空泛言论,怎么可能真正实现。男女作为人类而要求平等,这是一种自然而合理的要求。
"It is for this reason that I am at a loss to understand how all this empty talk about an absolute equality between man and woman can ever bring it to pass. The demand for equality between man and Woman as human beings is a natural and reasonable demand.
男人与女人是整个人类两个同样重要的组成部分,二者都源于同一位始祖。然而,若要求他们在生活中的职能以及实际履行这些职能的方式上完全平等,这可能实现吗?即便全世界的女性都希望如此,召开会议、通过决议,这也根本不可能做到。
Man and woman are two equally important component parts of a whole humanity, proceeding from the one and the same progenitor. But so far as the demand for treating them as equals in their functions in life and the modes of their actual performance is concerned, can that ever be feasible? That is simply impossible even if all the women around the world should wish it, hold conferences and pass resolutions to that effect.
这些会议及其决议既不能改变男人和女人的本性,也无法以任何方式改变他们的职能,使男人与女人在受孕、分娩和哺乳方面的职能相互交换,反之亦然。
These conferences and their resolutions cannot alter the characters of men and women, nor can they if any way transform their functions making men share those of women in conception, birth and suckling and vice versa.
没有任何特定的生物功能能够在缺乏某种特殊身心倾向的情况下得以实现。换言之,女性的特定功能,即怀孕与哺乳,需要一种特殊的情感与理智配置,使她能够胜任并完成这些最为艰巨的职责。
"No specific biological function can be carried out in the absence of a special type of psycho-physical disposition. This means, in other words, that the specialized functions of woman viz. conceiving and suckling, call for the emotional-cum-intellectual outfit of a special type such as prepares and enables her to discharge these most arduous duties.
当然,母性以其崇高的情感、高尚的行为、在一连串磨难中的忍耐,以及在考虑与履行方面极为精细的完美,若缺少那种适合女性履行怀孕与哺乳等专门职能的身体构造,便无法存在;这种身体构造也赋予她的心理、智力以及神经机能以形态。女性的这些智力、心理、神经和身体特征并存,彼此补充,并相互协调、和谐一致。因此,其中某一项存在而其他相应特征同时缺失,必定是非常罕见的例外。
"Of course, motherhood with all its noble feelings, exalted acts, patience through a series of tribulations, besides a most meticulous perfection in consideration and performance, cannot exist in the absence of that physical constitution which befits a woman for her specialized functions of conceiving and suckling, and gives form to her psychological, intellectual as well as nervous organism. These intellectual. psychological, nervous and physical characteristics of woman-are found side by side complementing one another as well as coordinating and harmonizing themselves. Therefore, it must be a very rare exception that one of them should exist without a simultaneous existence of its counterparts.
“而女性所天赋的这一切细腻的情感、直觉般的敏感以及高度易感的禀性,表明她本质上拥有的是一种情感型的性格,而非理智型的性格。正是这种情感性格,构成了她母性特质中最生动、源源不断的泉源,因为抚育孩子所需要的,并非理智的品质——这些品质可能是被动的或主动的,也未必能成功满足孩子的需求;所需要的是一种强烈情感与激情的充溢,它不允许她冷静地思索,而是促使她立即、毫不迟疑、毫不懈怠地回应孩子的呼唤。”
“And all this tenderness of feelings, intuitional impressibility, and highly susceptible disposition with which a woman is endowed show that basically she possesses an emotional character rather than an intellectual one. It is this very emotional character that forms the most lively and ever flowing spring of her motherly attributes, as the upbringing of a child calls for qualities not intellectual which may be passive or active and mayor may not successfully meet the requirements of a child, but an overflow of vehement feelings and passions such as does not allow her to meditate coolly but impels her to answer the child's call immediately without delay or slackness".
这实际上正是女性在生活中的真正品格。它既有助于她履行自身的真正职责,也有助于她实现自己的创造性目标。
"This in fact is the true character of woman in life. It helps her in the performance of her real functions as well as in the realization of her creative purpose".
“另一方面,男子所要履行的职责与女子截然不同,他的禀赋也与女子适得其所而又有所不同。他必须投身于外部世界的生存斗争之中——无论是在丛林中制服猛兽,还是在大地与天空间与自然力量抗争,抑或组建政府,或制定国家经济的法规。他必须应对所有这些难题,以谋生计,并保护自己、妻子和子女免受欺压。” “就人的本性而言,男子履行其生活职能并不需要强烈的情感天性。情感在履行职责时弊多利少,因为情感具有善变的特点,会迅速转变,甚至转入彼此截然相反的心理状态。它们无法长久地坚持某一行动方向,所吸引它们的对象也不断变化。这种变化不定的情感特质适合于母性,因为母亲要应对相互对立、不断变化的各种情况。但对于男子而言,这种情感并无助益,因为他的工作要求他长时间保持恒心与坚定。相反,他的理智禀赋对于实际生活更为有益,在那里他必须抵抗诸多不利力量。因此,他在规划、审慎地检视局势,并在付诸行动之前考虑其方案所有可能的后果方面,效率更高。理智运行缓慢而稳健,因为人们并不期望它迅速行动;而强烈的情感则为女子的整个生命涂抹上色彩。然而,人们对理智的期望是:它应当指明达成目标的最恰当途径,无论目标是猎取野兽、发明工具、奠定新的经济体系基础、建立新的政治制度、发动战争,还是缔造和平。” “人的一切这些活动都依赖于他的理智能力。情绪一旦掺入其中,必然会败坏它们。”
“Man, on the other hand, has to discharge a quite different duty for which he is equipped aptly but differently from woman. He has to engage in the struggle of life going on in the outside world, be it in the form of subduing wild beasts in jungles, or contending against the forces of nature on earth and heavens, or forming of a government, or legislating about national economy. He has to tackle all these problems to scratch a living, and safeguard his person, his wife as well as his children against oppression" "Man as such does not need the vehement emotional nature for the performance of his functions in life. Emotions prove harmful rather than helpful in pursuance of his duties, for they are characterized with a fickleness that causes them change rapidly and into mutually quite contradictory states of mind. They are unable to pursue a course of action for long. The objects attracting them ever change. Such an ever-changing emotional character is suitable for motherhood that has got to deal with mutually opposed and changing situations. But they are not helpful for man whose work demands of him constancy and steadfastness for long periods of time. Rather it is his intellectual disposition that proves helpful to a practical life where he has to contend against so many adverse forces. He has thus more efficiency in planning, in carefully revising the situation and taking note of all the possible consequences of his scheme before actually translating it into action. The intellect moves slowly but steadily, for quickness and rapidity of action are not expected of it as against the vehement emotions that lend color to the whole existence of woman. What is, however, expected of intellect is that it should show a most proper way to achieve its end, be it the hunting of a beast, inventing of an instrument, laying down the foundations of a new system of economy, setting up a new form of government, kindling a war, or making peace. All these activities of man depend upon his intellectual ability. Emotions creeping in cannot but spoil them".
“因此,人只有在从事其真正的男性追求和生活目标时,才能得到恰当的调适。这应当解释男性与女性各自天性构造中存在的种种差异:为什么男人乐于投身那些主要需要运用体力与智力的职业,而在情感生活中却像孩子一样反复无常;又为什么女人只在其自然的情感活动领域中才得到调适,并从中获得如此巨大的快乐,因为唯有通过这些,她才能最好地实现其尘世存在的真正目标?这也是为什么她只有在那些对其女性天性具有情感吸引力的职业中才感到自在,即护理、教学或抚育。”
“And, therefore, man is well adjusted only when he is engaged in his true manly pursuits and objectives in life. This should explain the various differences found in the respective constitutions of man and Woman: why it is that man joyfully pursues the professions where he has mostly to draw on his physical and intellectual faculties whereas in emotional life he is just as mercurial as a child; and why is it that a woman is adjusted in her natural sphere of emotional activities only and derives so great a pleasure out of these, for it is through these alone that she can best realize the real objective of her earthly existence? That is also why she feels at ease in those professions only that have got an emotional appeal for her feminine nature viz. nursing, teaching or fostering.
同样,当她去商店工作时,这对她来说也有其独特的情感吸引力,因为这使她能够寻找一位男性伴侣。
Similarly when she goes to work in a shop, it is because it has also got an emotional charm of its own for her as it enables her to carry out her search for a male companion.
但这些活动都只是枝节;然而,它们本身并不能满足她与生俱来的对丈夫、家庭、家室与子女的渴望。因此,一旦她有机会履行her首要的职责,她自然会放下工作,专心料理家务,除非迫于某种需要,例如经济上的需要等,她才会继续工作。
But all these activities are mere off-shoots; they cannot in themselves, however, satisfy her innate urge for a husband, a home, a family and children. It is natural, therefore, that as soon as she gets a chance to perform her primary functions, she leaves off her job and devotes herself exclusively to her household duties compelled otherwise by an exigency such as the need for money etc.
这并不意味着男人与女人在根本上存在不可调和的差异。也不意味着同一性别的所有成员都缺乏执行异性成员天生才能胜任的职能所需的一切潜能。
"This does not, however, mean that man and woman are fundamentally and irreconcilably different from each other. Nor does it imply that all the members of a sex lack all the potentialities necessary for the functions which the members of the opposite sex alone by nature are fit to perform.
这样,两性在某种意义上就像混杂在一起的大杂烩。如果你发现一个女人有能力统治、主持公正、承担繁重的负担并参加战争……如果你遇到一个男人会做饭、做家务,或对孩子怀有非常温柔的母性情感,或情绪极不稳定、心情多变,那么你必须记住,这一切都是自然的,并没有什么不自然之处。这是每一性别自身都具有另一性别的种子这一事实的必然结果。但这绝不能证明那些误入歧途的西方人和不和谐的东方人想要你相信的东西。简而言之,真正的问题是:女人被要求承担的这些额外职能,能否替代她真正的、天然的职能?在这些职能面前,她是否不再渴望家庭、孩子和家庭生活?最重要的是,她是否不再需要男性伴侣(或满足她的性本能)?既然我们已经了解了男女之间差异的现实,让我们回到伊斯兰教中区分两性及其职能的基本要点上来。
"The two sexes are thus found mixed up, as it were, in a medley. If you find a woman who is capable of ruling, dispensing justice, lifting heavy burdens and fighting in wars....and if you come across a man who can cook, do household chores or has got very tender motherly feelings for children or is very fickle emotionally and is visited by shifting moods, then you must remember that it is all natural; there is nothing unnatural about it. It is the logical result of the fact that each sex has in itself the germs of both sexes. But this does not at all prove what these misguided westerners and the discordant easterners would have u believe. The real problem stated briefly rather is: can all these extra-functions that a woman is called upon to perform substitute for her real and natural function? Does she in the presence of these no longer feel the desire for a home, children and a family? Above all, does, she no longer feel the need for a male partner (or the gratification of her sex instinct?" Now that we know the reality of differences between man and woman, let us return to the points that form the basis of differentiation between the two sexes and their function, in Islam.
伊斯兰教最鲜明的特点在于,它是一套切合实际的生活体系,始终充分顾及人的天性,从不试图违背人性或使其偏离自然的轨道。它呼吁人们净化灵魂,引导他们升华到接近理想与梦想境界的更高层次;但在改善和教化人的整个过程中,它并不寻求改变人的本性,也不认为这样的改变即便可能,对人类的福祉有何益处。它反而相信,人类最崇高的成就,是借助并凭藉其自身的基本天性而取得的:这天性经过精炼,从仅仅受物质需求束缚的状态,提升到自愿行善的最高境界。
The great distinctive mark of Islam is that it is a practical system of life and is ever ready to make due allowance for the human nature never seeking to oppose or make it deviate from its natural course. It calls upon men to purify their souls and makes them ascend to such higher planes of being as approximate the realm of ideals and dreams, but in the whole process of improving and edifying men, it does not seek to alter their natures, nor does it believe that such a change in human nature is ever possible or useful for the welfare or mankind, if ever possible. It rather believes that the noblest achievements of humanity are those that it achieves through and with the help of its own basic nature after its refinement and ascension to the noblest planes of voluntary virtue from being a mere captive of its material needs.
伊斯兰教对于男女问题所采取的态度,也完全符合人性。因此,凡有自然依据之处,它便确立男女之间的平等;凡区别对待本属自然之理的地方,它便予以区分。
The attitude adopted by Islam about the problem of man and woman too is quite in line with the human nature. Thus it effects equality between them where there is a natural ground for it: and differentiates between them where such a differentiation is but natural.
让我们来看两种伊斯兰区分男女的突出情况:
Let us take two outstanding situations in which Islam differentiates between the sexes:
继承的分配与家庭的领导权。
the distribution of inheritance and the headship of the family.
关于继承,伊斯兰教说:"男子得两个女子的份额。"这是非常自然且合理的,因为承担全部经济责任的只有男子。女子除了供养自己的身体和梳妆打扮之外,并无义务把钱花在他人身上,除非她要做一家之主,但在伊斯兰社会中这种情况极少出现,因为只要女子还有一位哪怕关系很远的亲属,她就无需自己承担供养家庭的责任。这样的安排能否被称为对女性的不公,正如女权主义者所主张的那样?撇开这些虚妄的假设和带有偏见的主张,问题其实只是一道简单的计算:总体而言,女子得到遗产的三分之一,用于供养自己;而男子得到三分之二,首先用于履行对妻子(即女子)的经济义务,其次用于家庭和子女。那么,按照简单的数学来算,较大的份额究竟归谁?的确可能有一些男子习惯把钱全部花在自己身上,也不愿结婚成家,但这类情况并不常见。通常是男子承担起家庭的经济重担,包括他的妻子在内,这并非出于恩惠,而是一种道义上的责任。如果女子拥有自己的财产,丈夫未经她同意不能将其拿走;即便如此,他仍须像她一无所有那样承担她的经济开支。如果他拒绝给予她这份生活费,或者按照其收入吝啬地不予供给,她可以向法庭对他提出控诉,迫使他给予她生活费,或者与他脱离婚姻关系。 在继承问题上,并不能因此说女性所得的份额少于男性。考虑到男性所承担的义务,男性得到女性两倍的份额,本是自然之理。
About inheritance Islam says: "To the male the equivalent of the portion of two females," which is quire natural and justified, fur it is man alone who is charged with shouldering all the financial obligations. The woman is under no such obligation as to spend money on anyone but her own person and toilet, except, of course, when she should head her family but such a situation is very rarely met with in an Islamic society, for so long as a woman has got a relation howsoever distant she need not take upon herself the support of her family. Can such an arrangement be termed as injustice towards woman as the votaries of feminism aver? Leaving aside these vain postulations and prejudiced claims, the problem is just one of a simple reckoning: on the whole woman gets one-third of the inherited property to spend it on her person, whereas man is given two-thirds of it to discharge his financial obligations in the first place, towards his wife (that is the woman), and secondly his family and children. As such, speaking in terms of simple mathematics to whom does the larger portion go? There may be certain men who are wont to spend all their money on themselves and are disinclined to marry or found a family, but such cases are uncommon. Normally it is the man who shoulders the financial burdens of his family including a woman-his wife-not as an act of grace but as a moral obligation. If a woman possesses a property of her own, her husband cannot take it away from her without her consent; he would even then have to bear her financial burden as if she had nothing in her possession to support herself with. And if he should refuse her this allowance or should he be miserly in proportion to his income she can lodge a complaint against him in the Court and force him to give her the sustenance allowance or get free from him. There is as such no justification to say that in inheritance woman receives a share less than that of man, as in view of his obligations it is but natural that a man should get double the share of a woman.
伊斯兰教在遗产分配上也保持着类似的比例。这里所遵循的法律,是迄今人类所知最公平的法律之一:"每个人依其所需",而判断所需的标准,是一个人所要承担的社会责任。但就收入而言,男女之间并无差别:无论是劳动的报酬、贸易的利润,还是土地的收益等,伊斯兰教都遵循另一条法则,即在劳动及其报酬方面,将男女置于完全平等的地位。二者都不应受到不公正的对待。普通穆斯林大众中普遍流行的一种观点,即在伊斯兰教看来,女性的价值只有男性的一半,这种说法由伊斯兰教的反对者蓄意传播,但正如我们上面通过简单的数学计算所表明的,这种说法是错误的。
Islam maintains a similar proportion in the distribution of a bequest. The law followed here is one of the fairest ones yet known to mankind: "For every person according to his need," the standard to determine the need being the social burdens that one has to bear. But so far as their earnings are concerned, there is no difference between man and woman; n or in their wages for a work, nor in the profit gained in trade, nor in revenues from land etc., for, in these matters Islam follows another law, the law treating on a perfectly equal footing man and woman with regard to their labors and the wages thereof. No injustice is to be done to either of them. The impression generally current among the common masses of Muslims and purposely spread by the antagonists of Islam that in the eyes of Islam woman is worth half of what man is worth, is false as we have shown above by a simple mathematical calculation.
这一点并不能证明女性在伊斯兰教中比半个男人更优越。两名女性的证言在伊斯兰教中等同于一名男子的证言,这是一种明智之举,旨在通过一切可能的手段,防止各种可能的歪曲,确保法庭证据的真实品质,无论该证据是有利于还是不利于被告。女性天性中情感非常强烈、容易受影响,并且容易偏离手头案件的真实事实。因此,明智的做法是让另一名女性与她同行,"如果一人忘记了,另一人可以提醒她"。因为,女性作为证人出庭,无论所作证的对被告有利还是不利,被告很可能是一位有魅力的女性,这可能使证人心生嫉妒和敌意,从而提供错误的证言;又或者被告是一位年轻男子,其容貌可能唤起证人的母性,使她无论是否自知,都提供虚假的证言。然而,两名女性同时出庭,都因同样的错误而提供虚假证言的情况非常罕见。在这种情形下,更可能的情况是,如果其中一人被欺骗或对事实感到困惑,她的同伴可以纠正她。不过,还需要补充一点:如果证人是妇科疾病方面的专家,并且是在与此类案件相关的案件中出庭作证,那么单个女性的证言也是相当可靠的。
That the evidence of two women is in Islam equivalent to that of one man also does not prove that woman is not better than a half man. It is rather a wise step to secure and preserve the genuine character of legal evidence in courts through all possible means and against all possible perversities irrespective of the fact whether the evidence is for or against the accused. The woman is by her very nature vehemently emotional, impressionable and liable to digress from the real facts of the case in hand. Therefore it is wise to have another woman along with her "so if the one erreth the other will remember," for it is quite possible that the accused, against or for whom a woman appears as a witness, may be an attractive woman which may make the witness jealous and hostile towards her and so give a wrong evidence; again maybe that the accused is a young man whose sight may so arouse the mother in the witness that knowingly or unknowingly she proffers evidence that is false. But it is very rare that two women appearing before the court at once should fall a prey to such an error, both of them offering false evidences. The chances in such situations are rather that if one of them is deceived or confused about truth, her companion may correct her. It must, however, be added here that a single woman's evidence is quite dependable if the witness concerned be a specialist in female diseases and she appears as a witness in a case concerning these.
现在谈到第二个问题,即家庭的领导权。很明显,家庭需要一位管理者来照料和管理家庭事务,因为家庭是男人、女人和子女的结合,并伴随着由此产生的各种义务。与其他任何社会组织一样,家庭也需要一位负责任的首领;若缺少这样的首领,必然会出现混乱状态,最终可能导致所有人的普遍匮乏。关于家庭的领导权,可能有三种情况:第一,男人是家庭的首领;第二,女人是家庭的首领;第三,夫妻二人同时是家庭的首领。
Now as to the second problem, the headship of the family, it is quite clear that it requires a manager to look after and manage the affairs of the family, which represents an association of man, woman and children with the attendant obligations springing there from. Like every other social organization, the family too stands in need of a responsible head in the absence of whom a state of anarchy is bound to prevail, which may ultimately lead to a general privation of all. There may be three Possibilities as to the headship of the family: one, man is the head of the family; second, woman heads it; and third, both of them are at once the heads of the family.
我们无需考虑第三种和最后一种可能,因为我们的共同经验已经足以表明:两个首领并存,总是比没有首领时带来更多的麻烦和混乱。《古兰经》在谈到天地的创造时说:“如果天地间除安拉外还有别的神灵,那么天地必定败坏。”(21:22)又说:“没有任何神灵与他同在,否则每个神灵必定会独占他所创造的,并且他们必定会彼此征服。”(23:91)既然这些虚构的神灵尚且如此,那么那些如此好斗、如此不公的人类又会怎样呢?
We need not take into account the third and the last possibility as our common experience is enough to show that the presence of two heads always leads to even more trouble and anarchy than when there is no head at all. The Holy Qur'an referring to the creation of the earth and heavens says: “If there were therein gods besides Allah, then verily both (the heavens and the earth) had been disordered ; “Nor is there any god along with Him; else would each god have assuredly championed that which He created, and some of them would assuredly overcome others" (xxi: 22). If such is the case with these imaginary gods, then what about human beings who are so aggressive and unjust?
心理学这门学科证明,在父母为家庭的主导权而争吵不休的环境中长大的孩子,不仅情绪失衡,还容易陷入各种心理情结和心理障碍。
The science of psychology bears witness that the children brought up under quarrelsome parents wrangling over the headship of the family are found to be unbalanced emotionally besides being victims to so many psychological complexes and disorders.
只剩下两种可能。在考虑这两种可能之前,我们想先提出一个问题:两性之中,哪一方更有能力承担家庭领导的责任?是具有理性品质的一方更适合领导家庭,还是以情感为本质的一方更适合?问题在于,一旦我们认识到:拥有理性品质和强健体魄的男性,比本性上情绪化、容易受外界影响、因而不适合在生活斗争中以及家庭领导中担当重任的女性,更有资格担任领导,问题便迎刃而解。女性自己也不尊重软弱的男人,那种很容易被她征服的男人。她鄙视他,也永远无法信任他。女性的这种行为,或许是她在数百年中所形成的心态,以及过去所接受的训练的残余。然而,无论如何不容否认的事实是:她仍然强烈地被体格健壮的男人所吸引,美国女性的情形便是明证。尽管她已与男人取得平等地位,并被视为相当独立的个体,她仍乐于屈从于男人,向他求爱,并努力赢得他的心。她会被他强壮结实的身体、宽阔的胸膛所打动;当她确信对方的力量远胜于自己身体上的柔弱时,便会将自己托付给他。
There are thus only two possibilities left. Before considering these we would like to ask the question: which of the two sexes is better equipped to shoulder the responsibilities of headship of the family? Is the one equipped with rational qualities in a better position to head the family or that whose existence is characterized by emotions? The problem is resolved the moment we realize that it is the man, equipped as he is with rational qualities and a strong physical body, who is more entitled to head than woman who is by her very nature emotional, susceptible to external influences and thus ill equipped for the struggle of life as well as the headship of the family. Even woman herself does not respect a man who is a weakling and can easily be conquered by her. She despises him; nor can ever bring herself to trust him. This behavior of woman may be the vestigial remnant of the attitude of mind she imbibed over the centuries and through the training she received in the past. The fact is, however undeniable that she is still strongly drawn to a physically well-built man, as is shown by the case of the American woman. Though she has achieved an equal footing with man and has come to be recognized as a quite independent being, she enjoys subjecting herself to man, makes love to him and tries to win him over. She is moved by his strong well-built body, broad chest and when satisfied of his strength as against her own physical weakness she surrenders her person to him.
妇女只有在没有孩子、也无需教育和培养子女的情况下,才可以在家庭生活中追求领导地位。生育子女之后,她已无力再承担额外的责任,因为她作为母亲的职责已经是一份极其沉重的负担。
Woman may seek leadership in family life only so long as she has no children and has no worry to educate and train them. After having children she can ill afford to shoulder extra responsibilities, for her functions as a mother are already far too great a burden upon her.
这并不意味着男子可以在女子身上或在家中实行专制。领导地位附带着义务与责任,只有通过相互协商与合作才能履行。管理上的成功意味着彼此理解的互惠,以及持久的同情。伊斯兰教坚持认为,家庭生活的基础应当是爱、相互理解与持久的同情,而不是冲突与竞争。《古兰经》说:"你们当善待她们"(4:19),先知ﷺ也说:"你们中最好的人,是对妻子最好的人。"(提尔米兹圣训集)
This does not, however, mean that man should be a dictator over woman or in his house, for the leadership entails obligations and duties which can be discharged only through mutual consultation and co-operation. Success in management means a reciprocity of understanding and perpetual sympathy. Islam insists that love and mutual understanding and perpetual sympathy rather than conflict and competition should form the basis of family life. Says the Holy Qur'an: "Consort with them in kindness" (iv: 19), and the Holy Prophet said: “Best amongst you is he who is good to his wife" (Tirmizi).
因此,圣先知所确立用以衡量一个人的标准,就是他对待妻子的态度。这是一个非常可靠的标准,因为一个人若不是精神上有病、完全丧失德性,或至少有所欠缺,就不会虐待自己的妻子。
The gauge thus laid down by the Holy Prophet to judge a man is his behavior towards his wife. And a very sound standard it is, for no man can ill treat his wife unless he is spiritually diseased and absolutely lost to virtue or at least partially handicapped.
然而,正是家庭中这种"正式"的关系引发了许多需要解释的疑问。其中一些疑问源于女性对男性的义务,还有一些则集中在离婚和一夫多妻的问题上。
But it is the "official" relationship within a family that has occasioned many a doubt that call for an explanation. Some of these doubts arise out of woman's obligations towards man and some centre around the problems of divorce and polygamy.
首先要指出,婚姻首先是一种个人关系,和其他任何两人之间的关系一样,首先取决于当事双方在个性、心理、理性和身体上的和谐。法律很难通过命令来保证这些方面。因此,如果一对夫妻生活得十分和睦融洽,未必是因为他们严格遵守了婚姻生活的一切规则。因为许多时候,夫妻之间的爱情圆满,恰恰是在激烈的争吵之后才发生的。同样,如果一对夫妻的婚姻生活中出现了不和与冲突,也未必是因为丈夫犯了什么错误,或妻子严重违抗。完全有可能两人作为人都十分高尚,但彼此的性情不同,因而他们会为无法相互协调而感到遗憾,却依然无法彼此让步、达成妥协。
Let us remark here that marriage is primarily a personal relationship and, like every other relationship between two persons, depends, in the first place, on the personal, psychological, rational and physical harmony between the persons concerned. The law can hardly secure any of these by an order. Therefore if a married couple lives in perfect peace and harmony it may not necessarily be due to their meticulous observance of all the rules of matrimonial life. For, many a time it happens that consummation of love between man and wife followed their bitter bickering. Similarly, if a state of discord and conflict is witnessed in the married life of a couple it may not be due to some mistake on the part of the husband or a gross disobedience of the wife. It is just possible that both of them may be exceptionally noble as human beings, but still their temperament may differ and so they may lament the impossibility of coming to terms between themselves but still they may not be able to effect a compromise with each other.
尽管如此,普通法仍须留意并为婚姻生活制定规则,因为任何生活体系若不规定人类这一微妙方面的法律,便无权宣称其已全面周备。必须有一部法律确立总体而不可逾越的界限,至少如此,至于其中的细节,则由男女在所规定的界限之内自行商定。
Despite all this the common law must, however, take note and frame rules for married life, for no system of life can claim comprehension if it does not provide for a law governing this delicate aspect of man's life. A law setting the general and inviolable, limits at least must be there, with the man and woman to work out the details of it in the prescribed limits.
如果夫妻之间有爱与和睦,他们自然不会诉诸法律,因为成功的婚姻很少需要法律的保护或裁决。但当两人之间产生冲突时,他们便寻求法律的帮助,希望它能就此结束争端。
If there is love and peace between a couple, quite naturally they would not go to law as successful marriage seldom stands in need of the legal protection or verdict. But when there arises a conflict between them, they seek the aid of law in the hope that it would put an end to it.
法律理应公正,不偏袒任何一方而损害另一方,并应尽可能涵盖最广泛的情形。不过,在此我必须重申,没有任何法律能够涵盖人类生活中出现的所有不同情形,将其僵硬、字面地适用于一切案例,也不被视为公正或健全的原则。
Of law it is expected that it should be just, should not favor one of the parties to the detriment of the other, and should as far as possible cover the widest possible range of cases. At this place I must, however, repeat that no law can possibly cover all the different cases or situations cropping up in human life, nor is its rigid, literal application to all the cases considered just or a sound precept.
让我们来审视一下伊斯兰教法对妻子所规定的义务,正是围绕她的问题,引发了如此多的喧嚣与争议。关于伊斯兰教法规定的妻子义务,以下三点值得考虑:
Let us cast a glance over the Islamic law with regard to the obligations of the wife in whose name all this hue and cry is being raised. With regard to her obligations prescribed in Islamic law, the following three points may be considered:
(1) 这些义务是否构成对女性的不公?
(1) Do these obligations constitute an injustice towards woman?
(2) 它们是单方面的吗,且不附带任何权利?(3) 这些义务是永久性的吗,比如女子永远无法摆脱它们?
(2) Are they unilateral and carry no rights with them? and (3) Are these obligations perpetual, such as woman can never free herself from?
妻子对丈夫有三项最重要的义务:(1)丈夫想与她同寝时,她应当顺从;(2)不得让丈夫所厌恶的人玷污丈夫的床榻;(3)
Woman has three most important obligations towards her husband: (1) she should obey him whenever he should want her to go to bed with him; (2) should not allow anyone to defile the bed of her husband whose presence is resented by him, and (3)
应当在他不在场时仍对他忠诚。
should be faithful to him in his absence.
至于第一点,需要稍作说明才能恰当地理解它。其智慧是显而易见的。人的身体构造使他更频繁地追求性的满足,以便解除其压迫,并使他能够更顺利、更有效地履行现实生活中的职责。特别是在青年时期,他比女性更受性本能的支配,也比女性更迫切地感到满足这种本能的需要;然而,在性方面,女性比他更为深沉,在身体和心理上对此也有更强烈的倾向,只是她的倾向未必仅仅表现在身体层面。
As to the first of these, a little explanation is, necessary to appreciate it properly. Its wisdom is obvious. Man's physical constitution is such as impels him to sexual gratification more often so as to relieve himself of its oppression and so that he may be able to perform his duties in practical life more smoothly and efficiently. He is in his youth in particular far more dominated by the sex instinct and feels the need to gratify it more acutely than a woman does, although sexually she is far more profound than he and is physically and psychologically more intensely inclined to it, but her inclination may not express itself in the physical sense alone.
婚姻是满足人类这一天然本能的途径,同时也满足他在精神、心理、社会和经济生活方面的需求。现在的问题是:如果丈夫走近妻子时却被她冷淡地拒绝,他该怎么办?他应当寻求与其他女性建立不正当的关系吗?任何社会都不会认可这样的做法,妻子本人也不会同意丈夫在身体或心理上被另一位女性所吸引,因为无论生活条件如何,那对她来说都是无法承受的。
Marriage is a means to gratify this natural urge of man as well as meet the demands of his spiritual, psychological, social and economical life. Now the question is: What should a husband do if on approaching his wife he is coolly brushed off by her? Should he seek to establish illicit relations with other women? No society can approve of such a course, nor can the wife herself agree that her husband should be physically or psychologically attracted by another, woman as no matter what the conditions of life be that would be too much for her.
关于妻子在丈夫邀请她同寝时拒绝的原因,同样可能有三种情况。
As to the cause of the refusal of a wife to go to bed with her husband on his inviting her, there may again be three causes:
(1) 她讨厌他,因此不愿与他发生性关系;(2) 她爱她的丈夫,却讨厌性行为,因而拒绝他——这是一种不正常的状态,但在现实生活中却颇为普遍;(3) 她是一位深爱丈夫的妻子,并不讨厌性行为,只是在那个特定时刻恰好没有这种意愿。
(1) she hates him, and so feels disinclined to have sex relations with him; (2) she loves her husband but hates the sexual act and hence refuses him-an abnormal state which nonetheless enjoys wide currency in practical life; and (3) she is a loving wife, does not hate the sexual act but at that particular moment happens to be disinclined to it.
这第一种原因预示着一种持久的状况,因此不一定局限于某个特定的行为或时间段。在这种情况下,婚姻关系难以长久维持。在这种情形下,最好的做法是让丈夫和妻子彼此分开。从某种意义上说,妇女在这方面比男子享有更多便利,这一点我们很快就会看到。
The first of these causes forebodes a permanent condition and may thus be not confined to a particular act or period of time. In such a situation marital bond cannot survive for long. The best thing to do in such a case would be to let the man and the wife separate from each other. The woman in a sense enjoys more facilities in this respect than a man does, as we shall shortly see.
在第二种情况中,妻子的状况同样可能带有持久性的印记。
In the second instance too the condition of the wife may bear a stamp of permanency.
它的根源并不仅仅在于丈夫的性欲。必须令人满意地予以补救,使丈夫与妻子之间完全恢复和谐。要么丈夫应当反省自己,若妻子拒绝他,他应自我检讨;要么妻子应当像一位真正深爱丈夫的妻子那样,顺从丈夫的心愿,因为她不愿与他分离。若两者皆不能实现,他们可以以非常温和的方式彼此分开。然而,只要他们仍以夫妻身份共同生活,按照伊斯兰法,妻子在性事上就应顺从丈夫的心愿,这本是自然之理。这并不一定意味着专断的权威或强迫。其目的在于防止丈夫被迫走上道德败坏之路,或与他人缔结另一桩婚约,而这对妻子来说更是痛苦不堪。然而,法律并不坚持维持那种使妻子对丈夫产生厌恶、并因丈夫在性事上一味坚持己见而使她的爱转变为明确厌恶的紧张关系。在这种情况下,他们也最好彼此分开。
Its origin lies not in the sexual craving of the husband alone. It must be remedied satisfactorily and a complete harmony between the husband and the wife must be restored. Either the husband should check himself if his wife refuses him or the wife must Comply with the wish of her husband like a truly loving wife as she would not like to get separated from him. Failing this they may be separated from each other in a very gentle manner. But-so long as they live together as husband and wife, the wife must, according to the Islamic law, comply with the wish of her husband in sexual matters, as it is but natural. It dot's not necessarily imply an arbitrary authority or compulsion. It is meant to prevent the husband from being driven to pursue a course of moral perversion or entering into another marriage contract, a thing all the more painful to the wife. The law does not, however, insist on the continuance of such strained relations as make the wife feel repulsion from her husband and her love for him changes into a Positive dislike due to his insistence on having his way in sexual matters. They may in this case too better separate from each other.
第三种情况是暂时性的状况,很容易得到改善。对性行为产生厌恶,可能是由于身体疲惫、倦怠或事务缠身所致,而她的身心禀性足以在适当时间内克服这些因素。女性出现的这种冷淡,可以通过送她礼物,以及在实际性交之前进行巧妙的爱抚游戏来加以应对,从而使这种关系升华为更高层次的精神结合,而不是沦为纯粹的动物性、肉体性的关系——否则它可能会退化成那样。这种爱抚游戏还有助于消除厌恶的根本原因。
The third situation is a temporary condition and it may easily be remedied. Such an aversion to the Sexual act may be the result of physical exhaustion, weariness or occupation as her psycho-physical disposition is quite capable of overcoming these in due course of time. This form of apathy in woman may be encountered by offering gifts to her and an ingenious love-play before the actual inter-course so as to transform it into a higher spiritual union rather than a purely animal and physical relationship that it might otherwise degenerate into. This love-play may also be helpful in removing the basic cause of aversion.
反之,如果妻子渴望性生活,而丈夫因某种原因不愿意——这种情况在男子(至少是年轻男子)中较为罕见——妻子并非没有办法促使丈夫与她恢复夫妻生活。法律既规定妻子有义务顺从丈夫的意愿,也同样保障她的愿望得到满足。法律规定,当妻子提出要求时,丈夫也必须履行他的夫妻义务。如果丈夫无法满足她,婚姻便可能解除。由此可见,在伊斯兰法中,双方都既有义务,也有权利。其中并不存在对妻子的强迫或轻视。
If, on the other band, a wife desires sexual intercourse but the husband is for some reason disinclined to it-a rare phenomenon among men in their youth at least-the wife is not without means to induce her husband to resume sex-relationship with her. The very law that lays the wife under an obligation to comply with the wish of her husband also sees to it that she too should get her wishes met with. It prescribes that the husband must also fulfill his marital duties if and when his wife should so desire. If the husband is unable to satisfy her, their marriage may dissolve. Thus we see that in the Islamic law both parties have got their duties as well as their rights. There is as such no compulsion or disregard of the wife implied in it.
妻子对丈夫的第二项义务是:她不得让任何丈夫所不喜欢的人踏上他的床铺,这意味着她不应让丈夫不愿其进入的人进入他的家。(但这绝不指通奸,通奸已为法律所禁止,即便丈夫对此有所偏好,也必须戒避。)这一命令的智慧显而易见:许多夫妻之间的纠纷,都是由第三者的介入所引起的,他们散布不实之词、进行诽谤,从而为家庭争吵火上浇油。如果为了防止这种情况发生,丈夫要求妻子不要让某人进入家门,而她却置之不理,会怎样呢?结果将是持续存在一个祸患之源,使他们之间无法修复关系。因此,妻子的这项义务也有益于家庭生活,包括对子女的好处,因为子女需要充满爱与同情的和谐氛围,才能得到正常而健康的成长。
The second obligation of the wife towards her husband that she should not allow anyone such as is disliked by her husband to tread his bed, implies that she should not let anyone enter his house whom he would not like to enter into. (This does not, however, in any way refer to adultery as it is forbidden by law and will have to be eschewed even if the husband should happen to favor it). The wisdom of this commandment is manifest from the fact that a great many disputes between the married couples are caused by the intervention of a third person who spreads false reports, slanders and thus adds fuel-to their family quarrels. What if in order to prevent such a development the husband were to demand of his wife not to allow a certain person into his house but she disregards it? The result will be the presence of a constant source of mischief rendering the patch-up between them impossible. Thus this obligation of the wife also purports to the good of family life including the children who require a congenial atmosphere of love and sympathy for their proper and normal growth.
这就可能有人会问:法律为何不同样规定丈夫也有义务,在妻子不赞成的情况下不得让任何人进入家门?在正常生活中,夫妻和睦相爱、彼此体谅,这样的问题根本不会出现,因为他们在这些事情上都能轻易达成共识。但假如不和确实滋生,使两人的关系变得紧张,以致无法彼此达成协议,他们就只能诉诸法庭,以求消除分歧、重归和好。此时,如果妻子享有禁止任何人进入丈夫家门的权利,事情可能反而更糟。我们在这里应当指出:女性的看法在大多数情况下是缺乏逻辑的,因为它们纯粹是她个人性情的反映,而非审慎思考的结果。这些看法可能源于她与丈夫的父母、兄弟姐妹等姻亲之间拘谨的关系。因此,在这种情形下要求丈夫服从妻子,并不是明智之举;这反而是一种感伤的软弱心态,它很快就会改变,或者在事实上完全没有根据。
It may be asked: why then did the law not also provide that the husband too should be under an obligation not to allow anyone into his house if his wife should happen to disapprove of it? In normal life when husband and wife are living in peace and love and are civilized enough no such question may arise at all, as they may feel no difficulty in reaching an understanding between themselves on all such points. But supposing that discord does creep in straitening their relations and making it impossible for them to reach an agreement between themselves, they would have to go to court for a rapprochement of their differences. Now if the wife should enjoy the right to debar anyone from the house of her husband, it may make the matter worse, for we may at this place point out that the impressions of the woman are in most of the cases illogical as they are purely the reflection of her own peculiar personality rather than the outcome of any prudence. They may have sprung up from her constrained relations with the in-laws, the mother or the sister etc. of her husband. Therefore to make it incumbent upon the husband to obey his wife in such a circumstance would not be a judicious step; it would rather be an act of mawkish tenderness that may soon suffer a change or be completely unfounded in reality.
我这样说并不是要表示丈夫在他所做的一切事情上总是正确的。
By this I do not mean to say that the husband is always in the right in all that he does.
它甚至有可能,在某些情况下,他的行为显得幼稚而狡诈。
It is just possible that his behavior may under certain circumstances be puerile and shifty.
我并不是说妻子总是有错的一方。她完全有理由厌恶丈夫,而丈夫的性情或许恰恰是两人关系紧张的真正原因。然而,法律是为正常的人类生活而制定的,在正常情况下,男人的行事往往比女人更理性,因此法律赋予男人相对更重的地位。不过,如果妻子确信自己再也无法忍受丈夫,她可以自由地寻求与丈夫离婚。
Nor do I mean that the wife alone is always in the wrong. She may be quite justified in hating her husband whose nature, it is just possible, may be the real cause of their constrained relations. But as the law is framed for the normal human life where man has been found to act more rationally than a normal woman does, it gives a degree of importance to man over woman. The wife is, however, free to secure a separation from her husband if she is convinced that she can no longer grin and bear with him.
妻子的第三项义务——在丈夫不在家时守护丈夫的财产与名誉——正是婚姻自然而合乎逻辑的结果,任何人都不敢对此提出质疑。然而,这并非单方面的义务,而是双方的义务:
The third obligation of the woman-the guarding of her husband's property and honor in his absence-is but a natural and logical sequence of marriage such as none may dare call in question. It is, however, not a unilateral obligation but rather a bilateral one:
夫妻双方都必须彼此忠诚。
both husband and wife must remain faithful to each other.
现在我们来讨论妻子或丈夫其中一方变得悖逆的情况。男人负责管理并供养女人,这一事实使他有权劝诫悖逆的妻子,正如下面的经文清楚所示:"至于你们担心她们悖逆的,你们就劝诫她们,离开她们的床,并且殴打她们。如果她们服从你们,你们就不要再找她们的岔子。"(4:34)
Let us now take up the Case of a wire and her husband one or the other of whom turns rebellious. The fact that man is in charge and the maintainer of the woman necessitates that he should have the right to admonish his disobedient Wife as the following verse clearly shows: “As for those (women) from whom ye fear rebellion, admonish them and banish them to beds apart, scourge them. Then if they obey you, seek not a way against them” (iv: 34).
读者必须注意,这节经文是如何循序渐进地描述纠正妻子的方法,并以惩戒作结。我们承认,这一特权可能会被一些男人滥用,但其他任何权利也同样可能被滥用。解决这种情况的唯一办法,在于提升人们的精神与道德水平,伊斯兰教从未忽视这一点的重要性。然而,上述经文所确立的律法旨在维护家庭生活,保护其免于瓦解。法律若要真正有用、有效,就需要有能力处置违反它的人,否则它不过是一纸空文,将失去一切作用。
The reader must take note of the fact how this verse gradually proceeds with the description of the means of correcting one’s wife ending with the chastisement. We admit that this privilege may be abused by some men but so can every other right. The only remedy for such a situation lies in the spiritual and moral elevation of the people the importance of which Islam has never lost sight of. But the law laid down in the above verse seeks to preserve family life and safeguard it against disintegration. The law to be really useful or effective requires a power to deal with those who break it, for otherwise it is no more than an empty word; it loses all its usefulness.
婚姻是一项旨在促进夫妻共同福祉的制度。它应当在家庭中实现最大可能的善,使所有相关之人都能在家中享有爱与和睦,而无需法律的干预。然而,一旦夫妻之间产生分歧,随之而来的不良影响便可能不仅限于他们二人,还可能波及子女,即下一代。
Marriage is an institution that aims at the common good of the married couple. It is supposed to realize the greatest possible good for all those concerned with the love and harmony that prevails at home without any intrusion from law. But in the event of a married couple being at variance with each other the consequent ill-effect may not remain confined to their persons alone; it may also adversely affect the children, the next generation.
如果妻子是引起这一麻烦的原因,那么我们应当期待由谁来纠正她呢?
Now if the wife is the cause of this trouble, whom should we expect to correct her?
法院?那么,法院干预夫妻的私人事务,只会扩大夫妻之间的鸿沟。他们之间的分歧或许微不足道且只是暂时的,但法院的介入可能会将这些分歧公之于众,从而使局面更加恶化。当事人的自尊心可能会使他们无法重归于好。因此,法院不应热衷于夫妻生活中的琐碎小事,这才是合理的。只有在所有其他促成和解的办法都已失败时,法院才应介入重要事务。
The court? Well, the court cannot but widen the gulf between husband and wife by interfering with their private affairs. Their differences may be trivial and temporary but the interference of the court may by airing them aggravate the situation. The pride of the parties may not allow them to patch up. Therefore it is only reasonable that the court should not busy itself with the trifles of conjugal life. It may step in the important matters only when all the-other means to achieve a rapprochement have failed.
没有一个明智的人会想到要把他在尘世生活中几乎每分每秒都遭受的所有琐碎怨屈都诉诸法庭。要每天昼夜处理这些怨屈,就得几乎在每个家庭里都设立一座法庭。
No sensible man can ever think of taking to court all his petty grievances that he daily suffers from almost every minute of his earthly existence. It would require setting up courts in almost every home to dispense with such grievances day and night.
它表明必须有一种地方性的权威来处理那些需要劝诫的事件。正是这种地方性权威由男人行使,因为他是家庭真正的、最终的主人。在上述经文中,他被命令去劝诫妻子,同时不伤害她的自尊。若她停止错误的行为,过错便得以纠正。但若她坚持错误的做法,他应当让她独自睡在另一张床上——这是比第一种惩戒稍为严厉的措施。这也说明伊斯兰对女性心理洞察之深刻:女人因自己的美貌和个人魅力而自傲,有时会卖弄风情,以至于几乎变成放肆无礼。因此,让她独睡另一张床意味着丈夫对她的美貌、魅力和卖弄风情无动于衷。这可能会稍稍挫败她膨胀的骄傲,从而使她清醒过来。但如果所有这些纠正手段都未能使她回心转意,那就意味着她的放肆已发展到只有非常严厉的惩戒才能加以纠正的地步。这时,丈夫才被允许作为最后的手段殴打她,其目的是纠正她的行为,而非意图折磨她。这正是伊斯兰教法规定惩戒应当轻微适度的原因。
It shows that there must of necessity be some local authority to deal with such cases as require admonition. It is this very local authority that is exercised by man as he is the real and ultimate head of his family. He is in the above verse enjoined upon to admonish his wife without injuring her self-respect. If she desists, the evil is mended. But if she persists in the wrong course he should banish her to a bed apart-a chastisement that is a bit severer than the first one. It also illustrates how penetrating an eye Islam has into the psychology of woman who being proud of her beauty and personal charm at times plays a coquette so much so that virtually it becomes an impudence. As such her separation to a bed apart means that the husband is impervious to her beauty, charm and coquetry. This may deflate a little her swollen pride and thus bring her back to her senses. But if all these means of correction fail to bring her round, the implication is that her impudence has advanced too far to be mended by anything save a very severe chastisement. Then it is that the husband is permitted to beat her as a last resort in his attempt to correct her conduct without intending to torment her. This is why the Islamic Jaw has laid it down that the chastisement should be of a mild severity.
这样粗暴地对待女性,是否会使她受辱、损害她的自尊?并非如此。首先,我们应当记住,这只是一种预防性措施,仅在所有其他安抚性措施都失败之后才会采用。其次,我们还必须牢记,在某些心理变态的情况下,体罚是唯一有效的补救办法。心理学告诉我们,在正常情况下,上述安抚性措施,即劝诫以及分床等,通常相当有效;但在严重的情况下,例如受虐狂(masochism),这些措施便会失效,此时唯一的补救办法就是对当事人施以体罚。与男性相比,女性更普遍地成为这种心理疾病的受害者。她们从受辱和痛苦中获得快感。(另一方面,男性通常患有“施虐狂”(sadism),其特征是对残忍有一种病态的爱好。)因此,如果妻子属于这类女性,那么显然只有通过体罚才能纠正她,使她得到所渴望的殴打,然后恢复理智。虽然听起来可能奇怪,但事实是,有时患有施虐狂的男子会与一个受虐狂的女子结婚,尽管他们的结合建立在这种反常的基础之上,两人却生活得十分恩爱和谐。同样,施虐狂的女子嫁给受虐狂类型的丈夫,并经常将其打到心满意足的情况也并非没有,只是较为罕见。
Does such rough treatment of woman degrade her and injure her self-respect? It does not. For, to begin with we should remember that it is just a precautionary measure resorted to only when all the other conciliatory measures fail. Secondly, we must also bear in mind that in certain cases of Psychological perversions chastisement is the only effective remedy. The science of psychology tells us that in normal- case the abovementioned conciliatory measures viz. admonishing and separating apart her bed etc. are quite effective but in acute eases e.g. masochism, they fail, the only remedy in such cases being the physical chastisement of the persons concerned. Women rather than men are more generally the victim of this psychological malady. They derive pleasure from humiliation and sufferings. (Men are, on the other hand, commonly afflicted with “sadism” which is marked with a morbid love for cruelty). Now if the wife belongs under this class of women, clearly her correction can be effected through chastisement alone so that she might have her desired beating and then come to herself again. Strange though it may appear, it is a fact that sometimes a man suffering from sadism marries a masochistic woman and they live in perfect love and harmony notwithstanding the abnormal basis on which their union rests, Similarly the cases of a sadistic Woman marrying a masochistic brand husband and then beating him frequently to his fill are not missing, though rare.
殴打能够恢复受虐丈夫的心理平衡,于是两人便能在爱与和睦中继续生活。但如果情况没有严重到这一步,根本可以不必殴打,法律所允许的这一做法不过是一种预防性措施。不应在每一次微不足道的分歧上就急于动手殴打妻子。上述古兰经文按次序描述的各种纠正办法,也强调了同样的事实。先知穆罕默德ﷺ禁止男人行使这一权利,除非他们别无其他办法。因此,他在谴责体罚时说:"你们中任何人都不要像鞭打骆驼那样鞭打自己的妻子,然后到了傍晚又与她同房。"(布哈里圣训集)
The beating restores the balance of mind of the masochistic husband and so they live on in love and harmony. But if the situation is not so seriously aggravated the beating may not be needed at all, as that allowed by law is no more than a precautionary measure. One should not on every trivial disagreement rush in and start beating his wife. The description of the corrective measures one after the other in the above Quranic verse stresses the same fact. The Holy Prophet forbade men to exercise this right except in cases where they have no other course. Thus speaking in reproof of physical chastisement he said: "Let none of you scourge his wife the scourge of a camel and then towards the end of the day have intercourse with her" (Bukhari).
另一方面,如果妻子担心丈夫虐待她,律法则略有不同:"如果女人担心丈夫虐待或遗弃她,只要二人彼此和解,就没有罪过。和解是更好的。"(4:128)
If, on the other hand, the wife should fear ill treatment from her husband the law is a bit different: "If a woman feareth ill treatment from her husband, or desertion, it is no sin for them twain if they make terms of peace with themselves. Peace is better" (iv: 128).
有些男子在这一点上可能会要求男女之间绝对平等。但问题不在于一种虚幻而理论上的公正,而在于切实可行、符合人性的那种公正。无论是在"文明"的西方还是"落后"的东方,没有哪个女子愿意因丈夫打她而反过来打丈夫。一个她能打、能惩罚的丈夫,她是不会尊重的。这就是为什么至今没有哪个女子提出过打丈夫的权利。
Some men may on this point be inclined to demand perfect equality between men and women. But the question is not one of a fanciful and theoretical justice but of that form of it which is practicable and in line with human nature. No woman would like to beat her husband in return for his beating her, neither in the "civilized" West nor in the "backward" East. She does not respect the husband whom she can beat and chastise. This is why no woman has yet demanded a right to beat her husband.
重要的是要注意,然而,伊斯兰教并不要求妇女被动地忍受丈夫的虐待。在这种情况下,她可以请求与丈夫离婚。
The important thing to take note of here is, however, that Islam does not necessitate that the woman should suffer ill treatment at the hands of her husband passively. She can in such a case secure a separation from him.
我们在前面的篇幅中已经看到:
We have in the foregoing pages seen that:
(1)妻子对丈夫所负的义务并非随意设定。这些义务是为了社会的整体利益,而妻子只是这个社会的一部分。(2)她的大多数义务,都有丈夫对她所应尽的相应义务与之平衡。至于在某些情形下男子在某种程度上享有优先于女子的地位,其根本考虑是两性禀性的差异,这绝不是出于羞辱或贬低女性的任何意图。(3)与赋予男子对女子的这种权威相对应,如果丈夫虐待妻子,妻子在法律上有权离开丈夫。
(1) The obligations of a wife towards her husband are not enforced arbitrarily. They are meant for the general good of the -society of which the wife forms but a part; (2) Most of her obligations are balanced with similar obligations which the husband has to discharge with respect to her. As to the few situations where man enjoys in one way or another a precedence over the woman rite basic consideration has been the difference between their respective dispositions. It does not at all spring from any desire to humiliate or disgrace the woman; (3) As against this authority given to man over woman, the latter has the legal right to leave her husband if he should ill treat her.
关于前文多次提及的那种分离方式——它为妇女提供了一条切实可行的途径,使她能够解除婚姻关系,摆脱婚姻所带来的义务——实现这种分离有三种方式:
As to the separation which has been referred to above at more than one place and which provides woman with a practical way to get her marriage dissolved freeing herself of the obligations thereof, there are three ways to secure it:
(a) 妇女可以在与丈夫订立婚约时,为自己争取离婚的权利。伊斯兰教法明确允许这样做,尽管很少有妇女真正行使这一权利。但这项权利确实存在,她们在需要时随时可以行使。
(a) The woman may secure the right to divorce from her husband (at the time of entering into the marriage contract with him). The Islamic law explicitly allows it although few women do ever exercise it. Still the right is there which they may exercise whenever they should need it.
(b)或者,妻子可以以厌恶丈夫、无法再与他共同生活为由,要求丈夫与她离婚。我听说有些法院不执行这一原则,妻子提出要求时,它们并不判决她与丈夫分居,尽管这一原则规定得很明确,并有先知ﷺ的亲身示范作为依据,因而是伊斯兰法的一部分。在这种情况下,妻子唯一的条件是把从丈夫那里所得的聘礼归还给丈夫,这是完全公正的条件,因为丈夫在与妻子离婚时,也有义务放弃他原本给予她的一切。因此,为了使双方解脱,男人和女人都必须同样承担物质上的损失。
(b) Or she may demand a divorce from her husband on the plea that she hates him and can no longer live with him. I have heard that some courts do not enforce this principle and do not on her demanding it decree a woman's separation from her husband, although the principle is clearly laid down and supported by the personal example of the Holy Prophet and is thus a part of the Islamic law. .The only condition for the woman in such a case is that she should give back to her husband the dowry she received from himperfectly just condition, for, the husband too in the event of divorcing his wife is obliged to forgo in her favor all that he might have given her. Thus in order to free themselves both, man and woman have in equal manner to bear material loss.
(c) 妻子面前的第三条途径,是在能够向法庭证明丈夫虐待她或未按双方约定支付生活费,并提供相应证据的前提下,请求离婚,并同时获得她的聘礼以及生活费补助。若法庭确信她的主张属实,即可解除婚姻契约。
(c) The third course open before the wife is to secure divorce along with her dowries as well as the sustenance allowance provided she should be able to convince the court that her husband has ill treated her or has failed to give her the sustenance allowance agreed upon by both of them and furnish the necessary proofs thereof. The court shall dissolve the marriage contract if it is convinced of the legitimacy of her claims.
这些是女性在情况需要时可以采取的手段。
These are the weapons which a woman may resort to if a situation should call for.
他们完美地平衡了男人对她所拥有的权威。
They perfectly balance the authority man enjoys over her.
我们听过许多关于离婚所带来的苦难的悲惨故事:妻子和孩子如何受苦;以及由离婚引发的、似乎永无止境的家庭纠纷,如何让法院门庭若市。常有这样的情形:一位快乐而尽责的妻子,正竭力抚育哺乳中的婴儿,同时欢喜地期待着又一个孩子的降生,忽然有一位信使前来,将丈夫的离婚文书交到她手中。这或许只是丈夫一时的心血来潮或欲望驱使。也许他见到了一位他认为更美的女子,对她心生爱慕;也许他只是想改变一下夫妻间的性生活习惯;又或者,这可能只是因为妻子因疲倦和劳累而拒绝与丈夫同房。
We have heard many a gloomy tale about the miseries caused by the divorce; how the wife and the children suffered; and how the courts are crowded due to the seemingly never ending family feuds arising from divorce. It often happens that a woman who is a happy and dutiful wife doing her best to upbring her suckling besides joyfully expecting yet another one, all of a sudden is approached by a messenger handing over a bill of divorce from her husband which might have been occasioned by a sudden whim or desire of the husband. It is just possible that he has seen a woman whom he believes to be more beautiful and has taken fancy to her, or it may be that he is prompted by a wish to have a change in his sexual routine, or it may have just proceeded from the refusal of the wife to have intercourse with her husband due to her sluggishness and exhaustion.
“他们说,那么,这种危险的武器——人可能在一时的无信之中,鲁莽地玩弄它,毁掉一个平和、有耐心的女人的生活,还使他年幼无辜的孩子们的未来前景黯淡——难道不应该从他手中夺走吗?”
Isn't it, they say, then desirable that this dangerous weapon with which man may in a fit of faithlessness toy so recklessness and wreck the life of a peaceful, patient woman besides darkening the future prospects of his young innocent children, should be taken away from him?
我们承认,离婚确实是这些祸患的根源,但出路何在?我们是否应当废除丈夫提出离婚的权利?如果废除,那么随之而来的痛苦局面又当如何应对——就像在禁止离婚的罗马天主教国家所遇到的那种情形?一个夫妻之间时常争吵、彼此厌恶、毫无情分的家庭,还称得上是家吗?尤其是当婚姻被视为永久的约束,而摆脱它又无从实现时。这样的处境难道不会助长道德上的罪行吗?丈夫和被冷落的妻子都可能被驱使到家庭之外去寻找情妇或情人,以满足他们的性本能。毫无疑问,在这样阴沉、压抑、昏暗的氛围中,孩子也不可能健康成长、发展出健全的人格。因为孩子的心理健康与健全发展,更多地取决于他们所呼吸的社会氛围,而不仅仅是父母的照料。人们生活中出现的种种反常,其根源正深植于那些彼此争吵的父母的生活之中。
As to these miseries we admit that divorce does lie at the root of all these, but what is the way out? Should we abolish the right of the man to pronounce divorce? If so, how are we to meet the painful situation that might as well result from such an abolition a situation such as we meet in the Roman Catholic countries where divorce is not permissible? Is a home wherein the husband and the wife are constantly wrangling together and are averse to any fellowship with each other worth the name, especially if the marriage be a perpetual bond and freedom from it impossible to secure? Will such a situation not be conducive to .moral crimes? The husband as well as the neglected wife might be driven to seek mistresses and friends outside the home to gratify their sexual instinct, Surely the children cannot grow up properly and develop healthy and sound personalities in such a dismal, cloudy and gloomy atmosphere, for the mental health of the children and their sound development are dependent more on the social atmosphere they breathe in rather than a mere parental care, That is whence the abnormalities met with in people's lives spring. Their roots lie embedded in the life of their quarrelsome parents.
也有人建议限制丈夫的离婚权,即离婚不应仅因丈夫的一句表态而生效。只有法院才有权在男女双方各自族人中指派一名仲裁人之后判决离婚。仲裁人应彻底商讨问题,设法使丈夫打消离婚的念头,并同意与妻子和好。如果他们的一切努力都失败了,那么只有在这时,离婚才应由法院判决,而不是由丈夫决定。
It is also suggested that the right of man to divorce should be restricted, that is the divorce should not take effect on the mere pronouncement of it by the man. Only the court should have the authority to decree the divorce after appointing arbiters one each from among the people of the man and the woman. The arbiters should thoroughly discuss the problem, trying to make the husband desist from his intention and agree to make peace with his wife. If all their efforts fail, only then the divorce should be ordered by the court, not by the husband.
我想知道是否存在某种法律上的异议,使得采取这种调解措施以恢复夫妻之间的和睦可能无法实现。但我认为法庭实际上没有必要介入,因为伊斯兰法所规定的补救办法本身已经足够。夫妻之间的和睦,更多取决于他们自身以及修复关系的意愿,而非其他任何因素。如果双方都有意愿,并且都希望和好,亲友和家族与任何法庭一样有用;如果没有这种意愿,即使世界上最高的法院也未必能够使他们重归于好。有些所谓"文明"国家,只有法院才可以在训诫当事人、劝其修复关系之后判决离婚,但在那里仍有大量离婚案件发生。仅在美国,离婚率就达到40%,是世界上最高的。
I wonder if there is any legal objection such as due to which the adoption of such a conciliatory measure to restore peace and harmony between the spouses may not be possible. But I do not think there is really any need for the court to step ill as the remedy prescribed by the Islamic Jaw is ill itself quite sufficient for the purpose. Peace and harmony between the spouses depend more on themselves and their desire to mend than on anything else, If the will be there and both wish peace, the friends and kindred may prove as useful as any court; if there is no will then not even the highest court in the world may succeed ill restoring peace between them, There are the; “civilized" nations among whom only a court may decree a divorce after admonishing the parties to exhort them to patch up relations but still large numbers of divorces do take place there. In America alone the rate of divorce is 40 %-the highest in the world.
关于那种建议:离婚应当只在法庭确信过错在妻子一方、且丈夫能证明与她同住已成为一种伤害时才能进行,我们不禁要问:这些人想为女性带来什么样的荣誉?让她住在一个被人轻视的家里,丈夫时常提醒她他已不再爱她,这难道是尊重她吗?难道她即便如此,还应继续留在他的家中,以此来欺骗他吗?
As to the Suggestion that divorce should take place only if the court is convinced that the fault lies with the wife and if the husband should prove that to live with her is a nuisance, we wonder what honor do these people want to bring to woman by making her live in the house where she is despised and where the husband ever reminds her that he no longer loves her? Should she even then stay on in his house in order to defraud him?
法律绝不可能认可这种行为;她也不应只有欺诈这一条出路,以致不得不在那所房子里过着受人轻贱、无助可怜的生活。
Surely the law cannot sanction such a conduct, nor is fraud the only course of action for her that she should have to live in that house as a despised and helpless wretch.
那么她是否应当留在孩子们父亲的家中,以便教养和抚育孩子呢?但如果孩子们生活在充斥着可憎不公的氛围之中,这样的环境是否可取,是否真的有助于孩子的正确教养呢?
Should she then stay ill the house of the father of her children to train and upbringing her children? But will it be desirable and in any way helpful in the proper upbringing of children if they live in such an atmosphere permeated with abominable injustice?
事实上,所有这些问题的解决之道,在于通过一个漫长的思想净化过程,对整个社会进行道德、文化、心理和精神方面的培养与教育,从而最终使美德与善行占据上风,为社会生活奠定健全的基础。届时,丈夫就会意识到,夫妻关系是非常神圣的,不应以如此轻率的方式加以破坏。
The fact is that the solution of all these problems lies in the moral, cultural, psychological and spiritual training and education of society as a whole through a long process of intellectual purgation so as to make virtue and goodness prevail ill the end providing a sound basis of social life. The husband will then realize that marital relations are very sacred and should not be disrupted in such an impetuous manner.
然而,这样一个道德与精神提升的过程是非常漫长而缓慢的。它要求社会生活在伊斯兰法的规范之下,并借助于所有社会机构——家庭、学校、电影、广播、报刊、文学、宗教以及广大民众——持续不断的奋斗与协作,才能实现这一时代的目标。这是一个漫长而艰巨的过程,但它是确保取得良好成果的唯一可靠途径。
Such a process of moral and spiritual elevation is, however, a very long and slow one, It requires that the social life of the community should be regulated by the Islamic law with the help of an incessant struggle and co-operation of all the social institutions home, school, film, radio, press, literature, religion and the general public to achieve this era, It is a long and arduous process, yet it is the only sure way to secure sound results.
与此相对,我们必须记住,法律主要关注的是司法的执行。它旨在给予丈夫和妻子各自应得的份额,保障他们在发现彼此已无法再共同生活时,有权获得离婚。在这方面,我们还必须记住:"在男人被允许的一切事物中,离婚是真主最为憎恶的。"
As against this, we must remember that the law is primarily concerned with administration of justice. It aims at giving both parties, the husband and the wife, their due share of it guaranteeing them the right to secure a separation in case they should find that they can no longer live with each other. In this connection, we must also remember that "of all things allowed to men divorce is most hated by God".
关于一夫多妻制度,我们不应忽视这样一个事实:它只是一项应急性的法律,并不代表伊斯兰教法的任何根本原则。经文说:"你们可以娶你们认为合意的女人,每人两个,三个,四个;但如果你们恐怕不能公平,那就只娶一个。"(4:3)
With regard to the institution of polygamy we should not lose sight of the fact that it is just an emergency law, it does not at all represent any fundamental principle of Islamic law: “Marry of the women, who seem good to you, two or three or four: and if ye fear that ye cannot do justice (to so many) then one (only)” (iv: 3).
正如这节经文所指出的,伊斯兰教对男人的要求是公正,而在一夫多妻制中要做到公正是很困难的,这一训诫实际上意味着男人应当只与一位妻子相处。因此,在通常的生活中,伊斯兰法更倾向于一夫一妻制,而不是一夫多妻制。然而,在某些特殊情况下,一夫一妻制反而会成为不公正的制度,而非公正的制度。在这些非常情况下,伊斯兰法为一夫多妻留下了空间,因为尽管在其中完全的公正无法实现,但由此产生的弊端,远比在此类紧急情况下实行一夫一妻制所带来的弊端要轻得多。
As pointed out in this verse, what is required of men is justice which bring difficult to achieve in polygamy, the injunction virtually comes to imply that men should contact with one wife only, Thus the Islamic law in normal life favors monogamy rather than polygamy. But there are certain circumstances under which monogamy becomes an unjust rather than a just institution. In such extraordinary circumstances, Islamic law leaves the door open to polygamy, for although in it complete justice is impossible to attain, the disadvantages resulting there from are far less serious than those flowing from monogamy in such emergencies.
在战争期间,尤其是大量男子死亡时,两性之间的平衡会受到严重冲击。在这种情况下,一夫多妻便成为一种社会需要,因为它可以使社会免于大量男子死亡之后通常随之而来的性混乱;此时,社会中没有男性养家者的女性数量相应增加。这些女性或许能够自食其力,但她们的性需求又该如何满足呢?
During wars, especially when a large number of men are decimated, balance between the sexes is seriously shaken. In such circumstances, polygamy becomes a social necessity as it may save society from the sexual anarchy that generally follows the decimation of a large number of men with a corresponding rise in the number of women in society who have no male bread-winner. Such women may earn their living, but what about their sexual gratification?
这可能使她们容易成为男人情欲的猎物。然而即便如此,她们最天性的渴求仍可能得不到满足——那就是对孩子的渴望;没有孩子,她们的整个生存便沦为枯燥、毫无生气的苦役。
This may make them fall an easy prey to the lust of men. But even after this, their most innate Craving may still remain ungratified their Craving for children, without whom their whole existence is reduced to a dull, lifeless drudgery.
Wait, I need to clarify my role: I translate the user's text into Simplified Chinese, and I don't answer questions or respond to content. Here is the translation of your message: 那么,在这种情况下,寡妇们是否就应当任由自己尽力满足性欲,而不顾社会道德?法国民族就遭受了这样的命运。
Should then in such circumstances the widowed women be left to gratify their sex urge as best as they can without having any consideration about the social morals? The French nation suffered this fate.
整个社会结构因此而瓦解,法国人也从其在历史上所享有的崇高地位上跌落下来。唯有法律明确允许男子同时拥有不止一位妻子,并且条件是他必须在一切事务上公正地对待她们(当然,感情上的依恋除外,那是人所无法控制的),这样的社会瓦解才能够被避免。
The whole social structure was as a result of it disintegrated, and the French were jolted down from the exalted position they enjoyed in history. Such a social disintegration can be averted only if a man is explicitly permitted by law to have more than one woman at a time provided that he should treat all of them with justice in all things (save of course in the emotional attachment which is beyond man's control).
在战争等其他紧急情况中所遇到的状况,同样表明了实行一夫多妻的必要性。有些男子性欲过于旺盛,一个妻子难以使他们满足,他们也难以克制溢出的性能量。法律应当允许他们娶第二个妻子,否则他们可能与女友发生非法的性关系,而这种情形是任何健康的社会结构都难以容忍的。
In such other emergencies as the one met with during wars the same need for polygamy is indicated. There may be some men who are overactive sexually. Such people can hardly be content with one wife, nor can they check their overflowing sexual energy.They should be permitted by law to have a second wife, for otherwise they may contract illicit sexual relations with girl friends, a situation that can hardly be tolerated by any healthy social set-up.
除此之外,还有其他一些情况,在这些情况下,一夫多妻是解决许多问题的唯一办法,即妻子不育,或患有使性生活无法进行的慢性疾病。第一种情况,即妻子不育时,我们不能因此责怪她,但丈夫为何要被剥夺后代呢?人心中对后代的爱是最强烈的。在这种情况下,再娶是唯一明智的补救办法。第一位妻子可以留下来与他们同住,也可以争取离婚。 至于患有慢性疾病的妻子,不要说性本身是一种卑下的本能,因此不应以损害一位无辜女性的幸福和福祉为代价去追求其满足。因为这里的问题不在于性欲是卑下还是崇高,而在于切实的需要,任何人都不能忽视。如果丈夫自愿放弃自己的性快乐,并顾及妻子的快乐,那作为他高尚和慷慨的行为自然是最值得欢迎的;但是,神不会让任何人承担超出其所能轻松承受的负担。此外,正视事实的本来面目,比那种虚假的高尚更为现实、更为可取,因为在这种虚假的高尚的掩盖下,各种丑行得以发生,在禁止一夫多妻的民族中,情况通常正是如此。
There are besides this certain other circumstances as well under which polygamy offers the only solution to many problems viz. sterility of the wife or a chronic disease which renders the sexual union impossible. In the first case i.e. when the wife is sterile we may not blame her for it, but why should her husband be deprived of issue, love for which is the strongest in human heart? The second marriage is the only sensible remedy in such a situation. The first wife may stay on with them or secure a separation. As to the chronically diseased wife let it not be said that sex is in itself a base instinct and, therefore, its gratification should not be sought after by undermining the happiness and well-being of an innocent woman. For, the problem here is not whether sex urge is base or exalted. It is rather of the practical need which none may afford to ignore. If the man willingly forgoes his sexual pleasure and is mindful of his wife's pleasure, it is most welcome as an act of nobleness and generosity on his part but God does not burden anyone with more than he can easily bear. Moreover, to face the facts as they are is more realistic and better than a spurious nobleness in the guise of which all sorts of infamies are perpetrated as is generally the case with a people amongst whom polygamy is disallowed.
在这方面,我们还必须考虑到那些使丈夫无法给予妻子爱或无法与她离婚的种种情况。在这种情况以及所有类似的情况下,一夫多妻制是唯一的答案和解决之道。
We must also in this connection bear in mind the situations such as render a husband unable to give love to his wile or divorce her. In this and all kindred situations polygamy provides the only answer and solution.
现在我们来探讨关于妇女问题的其他一些普遍存在的疑虑。首先是妇女工作和在公共场合活动的权利,这一点已得到伊斯兰教的正式认可。在早期,只要确实有真正的需要,妇女便会外出工作。同样,伊斯兰教也没有禁止妇女走出家门,到那些需要她们服务的社会机构工作,例如女子教育、护理、妇女的医疗护理等。为了这些目的,可以像在战争等场合征用男子那样征用女子的服务。如果一名妇女没有养家的人,她也可以外出工作。但必须记住,伊斯兰教只在确实有真正需要时才允许妇女走出家门。否则,从原则上说,伊斯兰教并不赞成妇女从事外出活动,西方和共产主义国家却是如此。这是一种纯粹的愚蠢,伊斯兰教并不认可。因为妇女若要参与社会活动,就必须以牺牲她在家中真正的首要职能为代价;一旦离开家庭,她可能会引发许多心理、社会和道德方面的问题。
Now we propose to take up some other doubts that are prevalent about the problem of woman. To begin with is the right of the woman to work and move in public, which is duly endorsed by Islam. In the early period the woman worked outside whenever there was any genuine need for it. Similarly Islam did not forbid women to go out and work in such social institutions as required their services e.g. female education, nursing, medical treatment of women etc. Their services may for these purposes be procured as those of men are procured in wars etc. If a woman has no bread-winner she may as well go and work outside. But it must be remembered that Islam limits women to go outside their houses only when there is really a genuine need for them to do so. Otherwise it does not in principle approve of women's outside activities as the West and the communist nations do. This is a mere folly which Islam does not approve of for a woman cannot participate in social activities but at the cost of her real primary function within her home by leaving which she may engender many psychological, social and moral problems.
那位女性在身体、智力和直觉上最适合她真正的职责——为人母,这一点几乎无人能够否认。因此,如果她的注意力被转移到其他无关紧要的活动上,人类必将蒙受损失。在这种情况下,她便沦为男人手中的玩物,成为他们愚蠢要求的奴隶,并且陷入不受约束的奢侈与放纵。伊斯兰教不可能认可这种状况;若它认可,便会失去其最主要的独特标志——即坚信人类是一个连贯的整体,不会因环境的变化而改变。
That woman is physically, intellectually and intuitively best equipped for her real function of motherhood can hardly be disputed by anybody. Therefore if her attention is diverted to other unimportant activities, humanity is bound to suffer. In such a case she becomes just a plaything in the hands of men and a slave to their foolish demands, giving way to unchecked luxury und license. Islam cannot approve of this situation which if it did it might be shorn of its chief distinctive mark of holding that mankind is a coherent entity that does not suffer a change with the changing circumstances.
有人还说:为什么女人不能既在外工作,又在家里做母亲,同时由保姆在她不在时照顾孩子呢?这种说法毫无根据。保姆可以以最有效的方式给予孩子各方面的身体、智力或心理上的帮助,但她无法给予孩子一样东西——母亲的爱与关怀,以及母亲本人的自我牺牲。没有这些,生命几乎无法茁壮成长,良好的品德也难以扎根。
It is also said: why can't a woman be a worker outside as well as a mother inside home at the same time with a nurse taking care of children in her absence? This is a baseless assertion, for a nurse may give the children in the most efficient manner all possible physical, intellectual or psychological help but she cannot give them one thingthe love, the care of a mother and the mother her self-bur for which life can hardly flourish or good manners take roots.
无论这些狂热的旗手们或文明的倡导者,还是愚蠢的共产主义信徒们如何努力,都永远无法改变人性。孩子至少在成长的最初两年里,极其需要母亲的关注,需要她全心全意的关注和爱,任何形式的分享都不能容忍,即便分享者是孩子自己亲爱的兄弟。保姆怎么可能给予孩子这样的母爱和关怀呢?在大多数情况下,她要照看十到二十个孩子。孩子们之间难免会为了玩具,以及为了他们共同拥有的那位人工"母亲"的关注而争吵。这种争吵于是成了他们生活中的常态,使他们的心变得冷漠而坚硬,缺少爱,也没有手足之情。如果确实有真正的需要,可以聘请保姆来照顾孩子;但若没有这样的需要,还去求助于保姆,简直就是愚蠢至极。
However hard they may try the crazy standard-bearers or civilization or the foolish votaries of communism can never effect any change in human nature. The child badly stands in need of the mother's attention during at least the first two years of its growth full and undivided attention and love in which no partnership is tolerated even if the partner be the child's own dear brother. How can a nurse give this motherly care and love to children? She has in most of the cases ten to twenty children to look after. The children cannot but quarrel together over their playthings and for the attention of the artificial mol her they share in common. The quarrel thus comes to stay as a permanent feature of their lives leaving their hearts cold and hard without love without any fraternal affection A nurse may be if there: is any genuine need for her, engaged to take care of the children. But without any such need resort to her is nothing short of foolishness.
那些疯狂的西方人或许可以基于他们的历史、地理以及政治经济的生活状况为自己辩解,但我们生活在伊斯兰东方的人呢?我们是否也有这样的借口?难道就没有更多的男性劳动力可以外出工作,以至于我们需要额外的女性劳动力吗?还是穆斯林的男人们——父亲、兄弟、丈夫或亲属——自己放弃了外出谋生、为自己挣得生计的责任?
The crazy westerners may however, excuse themselves on the basis of their historical, geographical and politico-economic condition, of life, but what about us living in the Islamic East? Have we too got any such excuse? Are there no more male workers available to work outside so that we should require extra female workers, or have the Muslim men-fathers, brothers, husbands or kinsmen-abstained from themselves to go out and scratch a living for themselves?
据说,妇女通过在外工作,可以获得经济上的独立,这可能提升她在社会中的荣誉与声望。
It is also said that by working outside a woman may attain her independent economic existence which may enhance her honor and prestige in society and prestige in society.
但我们想了解,伊斯兰是否否认了女性拥有独立的经济地位?事实是,伊斯兰世界今天所面临的问题并不在于制度,而在于贫困;正是由于贫困,无论男性还是女性都被剥夺了体面生活的一切条件。解决之道在于提高我们的物质生产,使整个民族都能繁荣,男人和女人都能富足,没有人继续贫困。男女之间为争夺经济生产资源的占有权而竞争,根本不是解决办法。
But we would like to know if Islam has denied an Independent economic position to woman? The fact is that the problem with the Islamic world is faced today is not that of a system but it is poverty due to which both men and women have been deprived of all facilities of decent living, The solution lies in stepping up our material production so that the whole of the nation may prosper men as well as women, and none may remain poor, The competition between women and men over the possession of sources of economic production is no solution at all.
有些人还主张,女性外出工作可以帮助增加家庭收入,因为一个人挣钱的收入无法与两人合计的收入相比。这在个别情况下或许属实,但如果所有女性都去外面工作,家庭生活将遭到破坏,导致夫妻长期分离,进而可能引发道德上的罪行。那么,让女性付出如此巨大的代价去外面工作,有什么经济、社会或道德上的理由呢?
Some people also aver that by working outside a woman may help increase the income of her family, for the income of a single earning member cannot equal that of the two. This may be true in certain individual cases but if all women take to outside work, family life would be crippled leading to long separations of husband and wife which may result in moral crimes, What economic, social or moral justification is there to make the woman work outside at so enormous a price?
把女性安排在其天然的职责——哺育人类——上,伊斯兰教既顾及了人性的需求,也顾及了社会的需要。因此,男子被赋予了供养女性的责任,为她提供一切所需,使她免于各种无关紧要的烦忧;同时,伊斯兰教给予她最高的尊重和重视。以至于有一个人问先知ﷺ:"谁最应当得到我的善待?"他说:"你的母亲。"那人问:"然后是谁?"先知ﷺ说:"然后是你的母亲。"那人又问:"然后呢?"先知ﷺ再次回答:"然后是你的母亲!"那人第三次问:"然后呢?"先知ﷺ说:
Assigning the woman her natural function of nursing the human race wholeheartedly Islam had an eye to the demands of human nature as well as those of society, So man was charged with the duty of supporting her and providing for her all her requirements so as to leave her free from all irrelevant worries, besides giving her the highest respect and regard so much that when a man enquired of the Holy Prophet: "Who has the first claim to my good treatment?" he said "your mother", The man said "And then who?" the Prophet said: "Then your mother." The mall asked: "And then?" Again; the Prophet replied: "Then your mother!” The man once again asked: “And then?" The Prophet said:
"然后是你的父亲"(穆斯林和布哈里辑录)。那么,今天穆斯林女性的这些喧嚣究竟是为了什么?伊斯兰教是否已经赋予她的权利和便利,使她仍然觉得有必要发起运动,通过选举权和议会代表权等途径去争取这些东西呢?让我们来看看。
"Then your father” (Muslim and Bukhari), What then is all this uproar by the Muslim woman of today about? Is there any right or facility that Islam has not already given her so that she should still feel constrained to launch a campaign to win them through means such as suffrage and representation in parliament? Let us see:
她要求与男性拥有平等的人格地位,然而伊斯兰教在理论上和实践中,早已在法律面前赋予了她这一地位。
She demands an equal human status, but Islam has already given this to her in theory as well as in practice before law.
她希望拥有经济上的独立,并有权直接参与社会生活。
She wants economic independence and the right to participate in social life directly.
伊斯兰教是第一个赋予她这一权利的宗教。
Well, Islam was the first religion that gave her this right:
她想要受教育的权利?伊斯兰教不仅承认这项权利,还使她同样有义务去求取知识。
She wants the right to education? Islam not only recognizes it but makes the acquisition of it obligatory on her as well.
她是否有权在未经其同意的情况下不被许配出嫁?伊斯兰赋予了她这项权利,也赋予了她自己安排婚姻的权利。
Does she want the right not to be given in marriage without her permission? Islam has given her this right as well as the right to arrange her own marriage.
她是否要求在履行家中职责时受到善待与公正对待,并且在丈夫未能公平公正地对待她时,有权请求与丈夫离婚?伊斯兰确实赋予了她所有这些权利,并使男人有责任维护这些权利。
Does she demand that she should be treated kindly and fairly while performing her functions within the house, and that she should have the right to ask for a separation from her husband if he should fail to treat her in a just and fair manner? Islam does give her all these rights and makes it incumbent upon men to safeguard them.
她也有权外出工作吗?伊斯兰教也承认她的这项权利。
Also does she want the right-to go and work outside? Islam recognizes this right of her too.
或者她所追求的,是沉溺于卑下、败坏与羞辱人格的享乐主义的自由吗?
Or does she seek the freedom to indulge in base, degrading and humiliating sybaritic?
伊斯兰不能将此项许可赋予她,因为它同样不允许男人自我堕落,沉溺于此类败德之事。然而,这一许可并不取决于女性在议会中的代表性。她们或许最好耐心等待,直到社会关系与传统瓦解、沦为无政府状态。届时,所有渴望这一许可的人便可毫无约束地尽情享用。
Well Islam cannot grant this to her as it does not also allow men to degrade themselves by indulging in such depravities. This license does not, however, hang on the representation of women in parliaments. They may do well to wait patiently till the social relationships and traditions disintegrate and degenerate into anarchy. Then all those craving for this license may enjoy it unchecked.
另有一些人坚持认为,尽管我们的生活条件和价值观与西方不同,但东方女性的地位实际上如此低下,人们不能不对此提出抗议。西方的女性已经赢得了自由,并获得了较高的社会地位,那么东方女性为什么不能效仿她们西方的姐妹,努力夺回被剥夺的权利呢?
There are certain other people who maintain that though our conditions and values of life differ from those of the West, yet practically the position of woman in the East is so low that one cannot but protest against it. Her western counterpart has already won her freedom besides a high social status, so why should not the eastern woman as well following in the footsteps of her western sister, endeavor to get back her usurped rights?
这一点无疑是真实的。在伊斯兰国家,女性总体上较为落后,既得不到尊重,也谈不上优雅。她过着近似牲畜的生活;她的整个存在,不过是卑微世俗欲望的另一种称呼;她所受的剥夺多于她所尝到的幸福;她被迫付出的多于她所得到的;她极少超越纯粹冲动的生存状态。
This is no doubt true. The woman in the Islamic Countries is generally backward with neither respect nor any grace. She lives a life similar to that of animals; her whole existence is but another name for mean earthly desires; she suffers privations more than she ever tastes of happiness; she is made to surrender more than she is given; and seldom rises above the level of a purely impulsive existence.
这也是事实,但我们可以问一下:造成这种局面的责任在谁?伊斯兰教或其教义与此有关系吗?
This is also true, but may we ask: who is responsible for this state of affairs? Does Islam or its teachings have anything to do with it?
事实上,东方女性的悲惨处境,是当今东方所普遍存在的经济、社会、政治和心理状况所造成的结果。
The fact is that the miserable plight of the eastern woman is the result of the economical, social, political and psychological conditions prevailing in the East today.
如果我们真想改革社会生活,并弄清楚这些弊端从何而来,就必须注意这些问题。
We must take note of these if we really want to reform our social life and know as to where these evils spring from.
东方女性当前悲惨处境的根源,在于东方多个世代以来一直深受的贫困。正是这种社会不公,使一部分人生活奢华、挥霍无度,而他们的同胞却连温饱和基本的衣着都难以维持;也正是这种政治压迫,把一个民族分裂为统治者与被统治者:前者享有一切特权而不承担相应义务,后者则背负沉重的负担,却没有任何权利,也得不到任何回报。笼罩天空的乌云般的压迫,正是这些社会因素所造成的结果。实际上,正是这些环境,导致了东方女性如今所遭受的屈辱与迫害。
At the root of the present miserable plight of the eastern woman lies the wretched poverty that the East has been afflicted with now for many a generation past. It is the social injustice which makes a group of people live in luxury and profusion while their fellow-beings do not find enough to feed or clothe themselves properly, and the political repression which splits a people into rulers and ruled, the former enjoying all privileges without the attendant obligations and the latter laboring under heavy burdens with no rights or compensations in return. The dark clouds of oppression that overcast the heavens above are the result of these very social factors. It is these circumstances that are in effect responsible for the present humiliation and persecution of woman in the East.
女人渴望与她的伴侣——男人——之间建立一种充满爱与相互尊重的和睦关系。然而,在这种令人窒息的环境中,在赤贫与社会压迫的重压之下,这种爱与尊重又如何能够得以表达?因为不只是女人,男人也是这些处境的受害者,尽管他看上去比她的处境相对要好一些。
Woman craves for an amicable relationship of love and mutual respect between her and her companion, man. But how can this love and respect find expression in this suffocating atmosphere of bleak poverty and social repression? For not only woman but man too is the victim of these circumstances although he may seem to be comparatively better off than her.
男人粗暴地对待女人,并迫害她;这种对待和迫害,是他对周围人施加于自身的严厉、粗暴的对待与迫害所做出的反应。
Man treats woman roughly and persecutes her as a reaction to that harsh and rough treatment and persecution that he himself suffers at the hands of the people around him.
他受到村里头领、警察和工厂主或国家的粗暴对待,名誉受损,自尊心受伤。他在社会生活中所遇到的只有羞辱和屈辱,但他无法向所有这些敌对的力量报复,于是回到家中,把怒气发泄在妻子和孩子身上,或者发泄在当时恰好在他身边的人身上。
He is disgraced and his self pride is wounded by the rough treatment of the chiefs of the village, the police officers, and factory owners or the state. He meets nothing but disgrace and humiliation in social life but he cannot avenge himself upon all these antagonistic forces, so he comes back to his house and gives vent to his anger on his wife and children or those who happen to be near him at the time.
正是这可诅咒的贫穷,把人折磨到了极限,使他完全无力去爱、去同情,也无法对与之接触的人保持宽容忍耐。
It is this accursed poverty that exhausts man to the utmost limit, totally incapacitating him for love, sympathy or forbearance towards those with whom he comes into contact.
再次说明,正是这种极度的贫困,使女性不得不忍受丈夫的暴虐、残酷和粗暴对待,因为她知道,没有顶梁柱的生活会更加糟糕。她甚至不敢主张自己的合法权利,唯恐丈夫因此不满而与她离婚。如果丈夫真的与她离婚,她将怎么办?谁来供养她?她的父母自己也贫穷到无力供养她,他们除了劝她回到丈夫身边,忍受屈辱与羞辱,尽力挨过去,别无他法。这就是今天东方女性如此备受贬低和羞辱的原因之一。
Again it is this very wretched poverty that makes woman put up patiently with tyranny, cruelty and rough treatment from her husband for she knows that life without a breadwinner would be even worse. She dare not even claim her legal rights fearing that her husband taking it ill might divorce her. And what would she do if he divorced her? Who will support her? For, her parents are themselves too Poor to support her. They cannot but advise her to return to her husband and bear up with the degradation and humiliation as best as she can. This is one reason why woman is so degraded and humiliated in the East today.
其次,东方今日的落后状况是:它既缺乏理想,也缺乏自我意识,陷入了无知的漫漫长夜。除了对某一种力量及其种种表现形式的崇拜之外,它已失去了人类所有更高的价值。在它看来,软弱本身就足以成为轻视或蔑视任何带有这种印记之人的充分理由。
Secondly, backward as it is today the East lacks ideals as well as self-consciousness and is plunged into a dark night of ignorance. It has become devoid of all higher values of humanity save one power and its various manifestations which it worships, and holds weakness to be in itself a sufficient justification to despise or hold in contempt anyone bearing its stamp.
正是这种对权力的崇拜,使男性——这个更为刚强的性别——憎恶柔弱的女性。他很难把女性当作一个人来尊重和敬重,因为他也缺乏对待弱势性别所必需的道德修养。然而,如果女性恰好拥有财富,即支配他人的权力与权威的关键,她便可能受到尊重。
It is this self same worship of power that makes man, the sterner sex, hate weak woman. He finds it hard to honor or respect woman as a human being, for he also lacks the moral refinement so necessary for such an attitude toward the weaker sex. A woman may, however, be honored if she happens to possess wealth, the key to power and authority over others.
同样地,在当今东方这样落后的社会中,人们沉沦到几乎纯粹或接近本能的生存状态。他们沉溺于性,性支配着他们对待生活的一切看法和态度。因此,他们把女性视为满足和取悦欲望的工具,而别无其他。她失去了作为人的一切尊严,因为在心理、智力和精神上,她被认为远远低于男人,不配获得或要求这种尊重。其结果是,男女之间的性结合被降低为纯粹的动物行为,男性总是支配女性,其两个显著特征是:行为发生时男性意识到自己的支配地位,事后则无视她。
Similarly in a backward society such as the East at present the people sink low to the level of a purely or nearly instinctive existence. They are sex-ridden and sex colors all their views and attitudes towards life. As such they come to view woman as a means of pleasing and gratifying their lust and nothing else.1 She loses all respect as a human being as psychologically, intellectually and spiritually she is held to be too much below man to deserve or claim it. As a result thereof the sexual union of men and women is reduced to a purely animal act where the male always dominates the female, its two distinctive marks being consciousness of the male at the time of the act of the dominance of the female over aim, and ignoring her later on.
处于无知与饥饿的困扰之中,一个落后的群体几乎无力抽出时间和精力去追求道德的提升与自律,而人类唯有借助这些,才能抵达更高的人性境界,超越纯粹动物式的生存状态。若缺乏这种道德与精神的自律,或者所依循的自律不适当,其必然结果便是人的生活纯粹沦为经济性的存在,权力被顶礼膜拜,并以兽性的欲望来衡量。
Afflicted as it always is with ignorance and hunger, a backward community can hardly afford to spare time or energy to achieve moral elevation and discipline, although it is through these alone that a people can attain to higher planes of humanity and rile above the plane of a purely animal existence. In the absence of such a moral and spiritual discipline or in the presence of the one that is unsuitable, the inevitable result is that human life assumes a purely economic character, power is worshipped and is measured in term of animal passions.
在这样一个落后的社会里,女性在履行母亲职责的过程中,无意间扭曲了男性对女性的看法。她把自己年幼的孩子养成一个小暴君,习惯于要求别人立即服从。她对孩子过于溺爱,无法对儿子那些不合理的要求加以合理的约束。
It is in such a backward society that while performing her duties as a mother the woman unknowingly distorts the view of man towards woman. She turns her small child out as a petty dictator who is wont to command an immediate obedience. She is too indulgent a mother to lay a reasonable check on the unreasonable demands of her boy.
她总是想方设法讨他欢心,无论他的要求多么不合情理、荒谬可笑。由于这种过度纵容,他长大后成了一个只受兽性欲望奴役的人,还期望别人毫无怨言地服从他。可是一旦现实生活中他的欲望受挫,他便开始把怨恨发泄在周围的人身上,无论男女老少。
She tries to please him no matter how unreasonable or absurd his demands are. As a result of this over-indulgence he grows up as a man solely slave to his animal passions expecting others to obey him without a demur. But when in practical life his desires are thwarted he starts venting his rancor on people, men, women and children around him.
这些正是当今东方所见动荡与纷扰的最重要的成因。若非这些因素,东方女性本不至于遭受如此多的苦难,也不至于处于如此低下的地位。这些因素与伊斯兰教毫无关系,它们与伊斯兰的真精神格格不入。
These are the most important factors responsible for the disturbance and trouble witnessed in the East today. But for these, the woman in the East would not have suffered much, nor occupied so Iowa position. Neither of these bears any relation to Islam; they are incompatible with the true Islamic spirit.
贫穷是伊斯兰造成的吗?当然不是。正是伊斯兰使社群变得如此富足,以至于在欧麦尔·本·阿卜杜勒·阿齐兹时代,社群中已经找不到一个贫穷到足以接受或应当接受天课的人。伊斯兰是一套切实可行的生活制度,它在现实生活层面创造了那场伟大的经济奇迹。今天,我们正是恳切地寻求重建这同一套制度。作为一套生活制度,伊斯兰能够使人民的财富在社群成员之间得到公正合理的分配,“以免财富仅在你们中的富人之间流转”(49:7)。它不赞美、也不认可贫穷;相反,它要使贫穷被消除。它也不赞成奢华与放纵,两者皆在禁止之列。
Poverty? Is it the result of Islam? Certainly no, for it was but Islam that had made the Community so rich that as happened in the days of Umar bin Abdul Aziz there remained not even a single man in it who was poor enough to deserve or receive alms. Islam is a practical system of life that brought about that great economic miracle in terms of practical life. It is this same system that we do earnestly seek to re-establish today. Islam as a system of life manages to get the wealth of the people distributed in a just and fair manner among the members of the community “in order that it may not (mere/y) make a circuit between the wealthy among you" (xlix: 7). It does not extol or approve of poverty; rather it would see it abolished. Nor does it favor luxury and license; it prohibits these both.
贫困是导致当今东方女性陷入困境的最重要因素。一旦消除了贫困,女性的最大问题便会迎刃而解。随之,她也将重获尊严。为此,她未必一定要外出工作(尽管她有权这样做)。因为那样,她也将通过继承,分享社会增长的财富,并可将其用于个人的舒适生活。当她富裕起来,必定能赢得男性的尊重,并有勇气行使自己的权利,无需担心或惧怕贫困的威胁。
Poverty is the most important factor responsible for the troubles of the eastern woman of today. Once it is done away with, the greatest or woman's problems will be resolved forthwith. With that she win also get back her respect, for which purpose she may not necessarily have to go and work outside (though she has the right to do so) as she too will then have her share through inheritance in the increased wealth of the community which she may spend on her personal comfort only. When rich she may be sure to command the respect or men and be bold enough to exercise her rights without any fear or threat of poverty.
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And what about the political injustice man is suffering from making him vent his repressed rancor on his wife at home? Is Islam responsible for that?
伊斯兰教也不能为此担责,因为它倡导的是反抗不义,而非对不义顺从。正因如此,它对统治者与被统治者之间的关系作了极为公正的规范。有一次,欧麦尔说:"听从并服从。"信士集会中的一个人反驳道:"除非你告诉我们,你身上这件布料是从哪里来的,否则我们既不听你的,也不服从你。"欧麦尔并没有因此大发雷霆。
Islam cannot be blamed for it either, as it preaches revolt rather than obedience to injustice. In this respect it so equitably regulated the relations or the rulers and the ruled that when once Omar said: "Hear and obey" a man from amongst the assembly of the believers retorted: "We shall not hear you, nor obey you, unless you tell us wherefrom have you got this sheet of cloth you are putting on?" At this Omar did not fly into a rage.
然而,他却赞扬了那个人,并在大众面前阐明了他的立场,于是那人最终再次站起来说:"现在请下达您的命令吧,我们将听从并服从您。"正是这种制度,我们今天寻求建立,以使任何统治者都不敢压迫人民;使人民有足够的勇气在统治者面前直抒己见;并使一个人与其妻子儿女的关系建立在公正、仁慈、爱与手足之情的基础上。
He, on the other hand, praised the man and clarified his position before the assembly, so that at last the man again got up and said: "Now give us your orders. We shall hear and obey you". It is precisely this form or government we seek to establish today, so that no ruler may dare oppress people; so that the people may feel bold enough to speak their mind before rulers; and so that the relations of a man with his wife and children are based on justice, charity, love and fraternity.
而人类高尚价值的堕落,伊斯兰教应当为此负责吗?
And the degeneration of higher human values, is Islam to be blamed for it?
不,伊斯兰与这种道德价值的败坏毫无关系。它致力于提升人类,在人们心中培育更高的精神价值。它教导人们:"在真主看来,你们中最尊贵的,是品行最好的人。"而不是最富有、最有权势或最强壮的人。一旦这些更高的价值在社会中牢固确立,女性就不会再因其柔弱而被轻视。在这样的社会里,衡量一个男人人性的标准,就是他如何公正地对待妻子,正如先知ﷺ所说:"你们中最好的人,是对妻子最好的人;而我,在对待妻子方面,是你们中最好的。"这句圣训所展现的对人性心理的深刻洞察还告诉我们,一个男人如果虐待妻子,就难免成为心理情结和精神障碍的受害者,也达不到真正的人性标准。
No, Islam has nothing to do with this degeneration of moral values. It seeks to elevate human beings inculcating in them higher spiritual values. It taught men that "the noblest of you in the sight of Allah is the one best in conduct,” rather than the one who is the richest, mightiest, or strongest. Once these higher values are firmly established in society, the woman will no longer be looked down upon because of her weakness. The gauge of a man's humanity in such a society is his fair treatment of his wife as the Holy Prophet said: “The best amongst you is he who is best to his wife and I am the best amongst you as regards the treatment of my wife.” Deep insight into the human psychology as this saying of the Prophet does exhibit, it also tells us that a man cannot ill-treat his wife without being a victim of psychological complexes and disorders or falling short of the true human standard.
人类沦为纯粹动物本能层面的生存状态,这是伊斯兰教造成的吗?当然不是。伊斯兰教从未允许人类堕落到如此动物般的水平。恰恰相反,它致力于将男人和女人提升到如此崇高的境界,使他们不再仅仅是本能的奴隶,他们对生活的看法也不再只由这些本能所塑造。在伊斯兰教看来,男女之间的性关系并非纯粹的动物性关系。它们代表的是人的身体需求,伊斯兰教认可这种需求,同时旨在使人们摆脱性欲的过度支配。若任由性欲放纵,它可能妨碍人们在实践、科学、艺术或崇拜等不同领域中的创造性追求;而在缺乏合法出口的情况下,它还可能驱使人们走向不正当的行为。因此,伊斯兰教虽然不谴责男女之间的性关系,却不赞成人们把全部精力都耗费在其中。它反而敦促人们将精力投入生命中更高尚、更崇高的目标:男人为主道而不懈奋斗,女人则尽力培养子女、料理家务。如此,伊斯兰教为男女都树立了理想,使他们远远超越纯粹动物性的需求和欲望。
And the degradation of men to a purely animal instinctive level of existence, is Islam the cause of it? Surely no, Islam is not the cause of this degradation, for did it ever sanction that men should sink low to such an animal level? Far from it, it seeks to elevate men and women to such a high plane of being that they are no longer mere slaves to their instincts, nor is their outlook upon life solely molded by these. The sex relations of men and women are in the sight of Islam not purely animal relations. They rather represent their physical need which it approves of with an eye to free them from the overdomination of sex which if left to itself may thwart their creative pursuit belonging under the different realms of practice, science, arts or worship and which may in the absence of a lawful outlet drive them to adopt wrongful practices. As such though Islam does not condemn sexual relations of men and women, yet it does not approve of their being wholly taken up with them. It rather urges them to devote their energies to the higher and nobler ends of life, man exerting himself in the way of God incessantly and woman doing her best in training her children and looking after her household duties. Thus Islam gives both man and woman ideals that elevate them far above the purely animal level of needs and passions.
或者说,道德纪律的缺失是伊斯兰教影响的结果吗?答案是断然否定的。因为《古兰经》和先知的圣训充满了道德训诫,旨在提升人类灵魂的精神境界,training它去克制自我、遵循公正的原则,并尊重他人,就像一个人自己希望别人对待他那样。
Or is the defective moral discipline the outcome of the impact of Islam? The answer is a big no, for the Qur'an, the sayings of the Prophet are all fun of moral precepts that aim at the spiritual elevation of human soul disciplining it to exercise self-control and observe the principles of justice and a respect for others such u one would himself expect from others.
那么,我们的社会生活传统真的是东方女性落后的原因吗?它们是否如某些作家所让我们相信的那样,使她们像动物一样生活,麻木、目光短浅、愚昧无知?答案依然是断然的否定。我们过去的传统并不禁止我们求取知识、从事工作,也不禁止我们在社会生活中与他人合作,只要这些活动以社会的福祉为目标,并且不会对社会造成不良影响。
Are then our traditions of social life really responsible for the backwardness of the women in the East? Are they in effect that have made them live like animals, inert, narrow-minded, ignorant, as some writers would have us believe? The answer is again an emphatic no. Our past traditions do not forbid us to acquire knowledge, to work, or cooperate with others in social life, provided it aims at the well-being of the community and entails no adverse effects for it.
这些传统所不认可的,是那些愚蠢而有害的行为,例如女性无端、无真正需要地外出,在大路和街道上公然行走。当然,没有人能断言,女性仅凭这类荒唐的行为就能实现自身的潜能并赢得尊重。在这种情况下,她们很容易沦为好色放荡之人的猎物,西方文明社会中女孩的经历便是明证。因此,反对传统的人似乎只是因为他们不认同那种他们热切渴望的放纵、无度与奢靡。
What these traditions1 do not approve of are such foolish and, unhealthy activities as the going out of women and walking openly and without any genuine need on the highways and roads. Surely none can dare say that the women can realize their potentiality and respect through these silly activities alone. They may in such situations fall an easy prey to the lust of the sybarite men as the experience of the enlightened, civilized western society girls does illustrate. As such the people opposing traditions seem to do so just because they do not see eye to eye with the self-indulgence, license and luxury they so earnestly crave for.
在埃及,有一位非穆斯林作家,每逢在他的周刊上有机会,便明里暗里地贬低伊斯兰教。他不断地提醒妇女:"抛开你们那些陈旧过时的传统;勇敢地走出家门,与男人混在一起,去工厂和商店里抢着工作,不是因为真有什么实际需要,而只是为了摆脱你们作为人类之母和哺育者的责任。"他还说,女人在街上低着眼睛走路,是因为她们缺乏勇气和自信,被对男人的恐惧所压倒。
There was in Egypt a non-Muslim writer who never lost an opportunity to disparage Islam overtly or covertly in his weekly magazine. He kept on reminding women: "Shake off your weatherworn traditions; come out of your houses and mix up with men courageously, by rushing in to take up work in factories and shops, not because there is any genuine need for it but just to get rid of your responsibilities as mothers and nurses of human race". He also said that the woman walked in the streets with her eyes down because she lacked courage and self-confidence and was over whelmed by fear of men.
但当她通过自身的经历获得觉悟时,她就能勇敢地面对男人。1 他忽略了历史记载:阿伊莎积极参与当时的政治,曾率军进入战场,却仍隔着帘幕与男人交谈。此外,他也忘了,垂目并非女性独有的品德,因为历史同样告诉我们,先知穆罕默德ﷺ比待字闺中的少女还要端庄。难道他也缺乏自信,或是没有意识到自己是上帝的使者吗?这些作者还要重复说这种愚蠢的话到何时?
But when she through her experience achieves enlightenment she will be able to face men courageously.1 He overlooked the history which tells us that Aysha who actively took part in the politics of her time and led armies into the battlefield used to talk to men from behind a veil. Moreover, he also forgot to mention that the lowering down of eyes was not something peculiar to women alone, for history also tells us that the Holy Prophet Muhammad (peace be on him) was more modest than even the virgin maids. Did he also not possess self-confidence, or did he lack the consciousness of being a messenger of God? How long will these writers keep on repeating and saying such silly things?
那个女人被贬低到极低的生存境地,这无疑是事实;但改善这种处境的方法,并不是西方女性所采取的那种方式。西方女性面对着特殊的环境,因此也就陷入了由那些环境所滋生的典型偏差之中。
That woman is reduced to a very low plane of existence is undoubtedly true but the way to reform this situation is not that adopted by the woman in the West who was faced with peculiar circumstances and, therefore, was subject to typical aberrations of her own Springing up from those circumstances.
唯有伊斯兰教才能为妇女问题提供解决方案,其作用不亚于它为男子问题所提供的解决方案。让我们所有人,无论男女老少,都转向伊斯兰教,努力奋斗,重建伊斯兰国家,并在我们的生活中执行伊斯兰法律。只有这样,我们才能在实践中实现我们的信仰和理想。这是在生活中实现平衡与和谐、而不诉诸任何不公或暴政的唯一途径。
Islam and Islam alone does provide a solution to the problem of woman no less than that of man. Let all of us, men, young and old, turn towards it, strive hard to re-establish an Islamic state and enforce Islamic law in our lives. Only then shall we be able to realize in practice our beliefs and ideals. This is the only way to achieve symmetry and harmony in our life without any resort to injustice or tyranny.
正是基于这类证据,唯物主义和马克思主义的支持者主张:仅靠经济条件就能产生生活中的社会条件,只有经济环境才决定人与人之间的相互关系。我们并不否认经济因素在人类生活中的重要性,但说只有经济因素决定人的思想、情感和行为,这是错误的。欧洲生活之所以受到经济因素如此强大的支配,是因为欧洲缺少一种崇高的理想——正如伊斯兰世界所拥有的那样,这种理想本可以在精神上提升欧洲,使欧洲人能够将彼此的经济关系建立在纯粹人性的基础之上。如此一来,欧洲不仅能够满足其经济需求,全世界的人民也就不必遭受其贪欲剥削所带来的苦难。
1 It is on the basis of such evidence that the proponents of Materialism and Marxism claim that the economic conditions alone engender the social conditions of life and that only the economic circumstances determine the mutual relations of men, We do not deny the importance of the economic factor in human life, but it is wrong to say that it is the economic factor alone which determines the thoughts, feelings and behavior of men. The fact that the economic factor exercised such a dominating influence over European life was due to the absence of any lofty ideal such as might have-as it did in the Islamic World-elevated Europe spiritua1ly. Thus enabling Europeans to base their economic relationship on a purely human basis. In this way it would have not only realized its economic requirements but the people all over the world would have also been spared the trouble it made them suffer due to its lust for exploitation.
因此,马克思主义者正是依据此类证据宣称,经济因素是生活中唯一真正的因素,因为正是这一因素决定了欧洲妇女问题的走向。正如我们在前文某处所说,我们承认经济因素在生活中的重要性,但我们认为,如果欧洲拥有像伊斯兰那样的意识形态和生活体系,情况的发展就会大不相同。伊斯兰教要求男子在任何情况下都要供养女子,并且在女子确实被迫外出谋生时,赋予她与男子同等的获取工资的权利;为应对紧急情况,它又规定了一夫多妻制,作为战后普遍出现的危机的一个成功而纯洁的解决办法,使女子无需从事繁重艰辛的工作,也无需通过卑劣丑陋的途径来满足其天性的欲求。
1 It is on the basis of such evidence that the Marxists claim that the economic factor is the only real factor in life as in fact it was that very factor that determined the course of the problem or woman in Europe. As we said somewhere before, we admit the importance or the economic factor in life, but we hold that the course of circumstances in Europe would have been a different one if it had an ideology and system of lire like Islam which enjoins upon man to support woman in all circumstances and which gives woman, in case she is at all driven to woke for herself, an equal right to have wages similar to those of man, and which, to meet an emergency, provided for polygamy as a successful and clean solution or the crisis generally met with after wars making it unnecessary for woman to take up arduous and difficult jobs, satisfying her natural sexuality by resort to a foul and ugly course.
1 乍看之下,女性的这项权利在东方当前的社会经济生活条件下,可能只是一种幻想。然而,伊斯兰教不应为那些违背其教义的行为承担责任,也不应阻碍其法律的实施。伊斯兰教初期的女性确实行使过这项权利,先知穆罕默德ﷺ作为立法者,以及他的继承者——早期的哈里发们,都予以认可。我们今天所要求的,是实施所有法律,同时清除那些阻碍其颁布的一切障碍,无论是经济和社会环境,还是盲目效仿他人而遵循的非伊斯兰习俗。 1 于是,女性会像看待男性一样看待男人,唯一的区别在于:男人凭借其作为家庭主管的地位和挣钱能力,享有了绝大部分的性快乐。
1 Such a right of woman at the first glance may appear as a mere illusion in the context of the present socioeconomic conditions of life in the East but Islam cannot be blamed for acts that contradict its teachings Or bar the way to the implementation of its laws. Women did in the early period of Islam exercise this right and it was acknowledged by the Holy Prophet, the law-maker, as well as his successors, the early Caliphs. What we demand today is the implementation of all laws along with the removal of all those obstacles that intervene in their promulgation, be they economic and social circumstances, Or the un-Islamic practices followed blindfoldly in imitation of others. 1 So does the woman come to think of man with the only difference that ~use of his superiority as the incharge of the home and his earning capacity he enjoys a lion's share of sexual pleasure.