3 对伊智提哈德的需要
3 The Need For Ijtihad
“谁在没有知识的情况下解释《古兰经》,谁就应当准备好自己在火狱中的居所。”
“Whosoever interprets the Qur’an without knowledge, let him seek his abode in the fire”.
理智不是立法的来源。
The mind is not a source of legislation
自哈里发制度被摧毁、穆斯林衰落以来,乌玛遭受了一系列外来思想的侵袭,这些思想以伊斯兰之名被灌输到穆斯林之中。其中最危险的一种观念是:人的理智是立法的来源,无论是明确地还是隐含地,例如以"利益"作为衡量安拉的哈昆(律例)的标准。
Since the destruction of the Khilafah and the decline of the Muslims the Ummah has been subjected to host of alien thoughts that have been implanted in the Muslims under the guise Islam. Of the most dangerous of these concepts is the idea that mans intellect is a source of legislation either explicitly or implicitly through concepts such as benefit as a criteria to judge the Hukm (rule) of Allah.
这一观点已在穆斯林乌玛中传播开来,并为其中一些人所接受。我们应当知道,“哈库姆·沙尔里”(Hukm Shari)被定义为立法者(Shaari')关于仆人行为的“讲话”(Khitaab)。换言之,对于每一条伊斯兰律例,都需要有来自安拉的一个“讲话”(Khitaab);这一点须从启示中得到证明,而人的理智并非启示的接收者。因此,我们需要回到已被确认为启示的内容,即安拉的《古兰经》、他的使者穆罕默德ﷺ的圣训,以及那些表明启示的依据,即圣门弟子(愿安拉喜悦他们)的一致意见(Ijma'),或在经文中具有“伊莱”(Illah,神圣的理由)的类比推理(Qiyas)。
This has become propagated to the Muslim Ummah and has been adopted by some within her. We should know that the Hukm Shari is defined as the Address (Khitaab) of the Legislator concerning actions of the servant. In other words for every Islamic rule we require an address (Khitaab) from Allah and this would be demonstrated from the revelation and the mind of man is not a receiver of revelation. Hence we need to go to what has been confirmed as revelation i.e. the Kitab of Allah, the Sunnah of his Messenger (saw) and those things which indicate revelation i.e. Ijma’a as Sahabah (ra) or through Qiyas with an Illah (divine reason) in the text.
应当明确指出,安拉的判决不能通过人有限的头脑来确定或评判。事实上,沙里尔法的作用正是把人从其自身的偏见和私欲中引向安拉的公正与慈悯。人不得运用理智来推导教法条规,因为理智不是启示的来源,因而也不是天命律例的来源。 据提尔米兹圣训学家所辑录的一段圣训,先知ﷺ曾说:“谁凭己见解释《古兰经》,就让他在火狱中找到自己的居所。”在另一则传述中,先知ﷺ说:“谁无知地解释《古兰经》,就让他在火狱中找到自己的居所。”此外,艾布·达乌德和提尔米兹都传述,先知ﷺ说:“谁凭己见解释《古兰经》,即使他说对了,也确实犯了罪。”
It should be made clear that the Hukm of Allah can not be determined or judged through the limited mind of man. Indeed the role of the Shari’ah is to remove man from his own bias and whims to the justice and mercy of Allah. It would not be allowed to use the mind to derive a rule as the intellect is not a source of revelation and therefore it is not a source of divine rules. The Prophet (saw) was reported in a Hadith narrated by Imam Tirmidhi as saying, “Whosoever interprets the Qur’an according to his opinion, let him seek his abode in the fire”, and in another narration, “Whosoever interprets the Qur’an without knowledge, let him seek his abode in the fire”. Furthermore, it is narrated by Abu Dawud and by Tirmidhi that the Prophet (saw) has said, “Whosoever interprets the Qur’an according to his opinion, even if he get’s it right, he has indeed committed a sin”.
安拉的裁决不由理智来判断,因为立法的权利唯独属于安拉。理智无法评判规范我们生活的安拉的律例,也无法评判祂关于如何确立祂的宗教的指示,这超出了理智的范围,是一种罪过。
The Hukm of Allah (swt) is not judged by the intellect, as the right of legislation is solely for Allah (swt) alone. The mind cannot judge the rules of Allah (swt) that govern our life, nor His (swt) direction on how to establish His (swt) Deen, this is beyond the limits of the mind and is a sin.
伊玛目沙蒂比在其著作《教法原理的协调》(al Muwafaqat fee Usul il Ahkam)第二卷第25页中提到:“伊斯兰教法的目的,是使个人从其私欲中解放出来,从而成为真正的安拉的仆人,这才是合法的公益(Maslaha)。”他接着说:“以遵循教法的根本目标或价值(Maqasid al-Shari'ah)为借口而违背教法,就如同只关心灵魂而不顾身体的人;而没有灵魂的身体是无用的,因此没有身体的灵魂也是无用的。”因此,我们在推导建立哈里发制度的伊斯兰方法时,必须认识到这些内容构成教法律例(Ahkam Shari'ah)的一部分,所以我们必须从启示(Wahi),即伊斯兰的经据中推导出来。这要通过伊吉提哈德(Ijtihad)的过程来完成。
Imam Shatibi mentions in his book al Muwafaqat fee Usul il Ahkam (Vol.2, page 25), “The objective behind the Shari’ah is to liberate the individuals from his desires in order to be a true Abd (slave) of Allah and that is the legitimate Maslaha.” He further went on to say, “Violating the Shari’ah under the pretext of following the basic objectives or values (Maqasid al-Shari’ah) is like the one who cares about the spirit without the body and since the body without the spirit is useless therefore the spirit without the body is useless too.” So we are required when deriving the Islamic methodology for establishing the Khilafah, to realise that these would form part of the Ahkam Shari’ah and therefore we would have to derive them from the Wahi i.e. the Islamic evidences. This is done through a process of Ijtihad.
由于这是穆斯林历史上从未遇到过的新问题:穆斯林从未面临哈里发制度被摧毁、并被kufr(不信)的制度所取代的局面。因此,这需要进行ijtihad(独立判断)。我们不能遵循前人学者传给我们的某种ijtihad或一套ahkam(律例),因为他们都没有面对过这一问题,所以也从未就当前的现状给出真主的hukm(判决)。
As this is a new matter that has never faced the Muslims before in their history. The Muslims have never been in a situation wherein the Khilafah has been destroyed and replaced by the systems of Kufr. Therefore this requires Ijtihad as we can not follow an Ijtihad or set of Ahkam that the scholars of the past have handed down to us as none of them ever faced this issue and therefore never delivered the Hukm of Allah pertaining to the current status quo.
因此,我们有必要理解什么才是真正的伊智提哈德(Ijtihad),它的界限与限制是什么,以及为重建哈里发制度而提出的各种不同方法论的本质。
Therefore we are required to understand what actually is Ijtihad and what are its limitations and restrictions and also the nature of the various different ideas that are and have been presented as methodologies in the quest for the re-establishment of the Khilafah.