3.1 理智不是立法的来源
3.1 The mind is not a source of legislation
“谁没有学识而解释《古兰经》,就让他把自己的归宿安排在火狱里。”
“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,这些思想披着伊斯兰的外衣被植入穆斯林之中。其中最危险的观念之一,是认为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"作为衡量安拉的律例(Hukm)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.
这一说法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,哈昆沙尔ʿ(Hukm Shari)被定义为立法者(Shaari')关于仆人行为的谕令(Khitaab)。换言之,对于每一条伊斯兰律例,都需要有来自真主的谕令(Khitaab),而这一点应当从启示中得到证明,人的理智并不是启示的接受者。因此,我们必须依据已被确认为启示的经典,即真主的《古兰经》、其使者ﷺ的圣训(Sunnah),以及那些指示启示的依据,即圣门弟子(ra)的公议(Ijma'),或以文本中具有“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,安拉的裁定不能通过有限的人类心智来确定或判断。事实上,伊斯兰教法的作用正是使人摆脱自身的偏见与私欲,而归于安拉的公正与慈悯。因此,不允许以理性来推导律例,因为理智不是启示的来源,故也不是天启律例的来源。先知ﷺ在伊玛目提尔米兹所传的一段圣训中说:“凡按己见解释《古兰经》者,让他准备好在火狱中的居所。”另一则传述中说:“凡无知识而解释《古兰经》者,让他准备好在火狱中的居所。”此外,艾布·达乌德与提尔米兹传述,先知ﷺ曾说:“凡按己见解释《古兰经》者,即便他说对了,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”.
真主的裁决不由理智来判断,因为立法的权利唯独属于真主(SWT)。理智无法评判规范我们生活的真主(SWT)的律例,也无法判断真主(SWT)关于如何建立祂的宗教的指引,这已超出理智的范围,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《伍个圣法原理的协调》(Al-Muwafaqat fi Usul il-Ahkam)(第2卷,第25页)中提到:“沙里亚的目标在于使个人从其私欲中解放出来,成为真正的安拉的仆人,这才是合法的玛斯莱哈(公益)。”他接着说:“以遵循根本目标或价值(玛嘎西德·沙里亚)为借口而违背沙里亚,就如同只关心灵魂而不顾身体的人;既然没有灵魂的身体毫无用处,那么没有身体的灵魂同样毫无用处。”因此,我们在推导建立哈里发制度的伊斯兰方法论时,必须认识到这些内容构成沙里亚律例(Ahkam Shari'ah)的一部分,因而必须从启示即伊斯兰的经据中推导出来。这要通过伊吉提哈德(独立推理)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.
这是一个前所未有的新问题。穆斯林在其历史上从未遇到过哈里发制度被摧毁、并被kufr(不信)的制度所取代的情况。因此,这需要进行ijtihad(独立推理)。我们无法沿用前辈学者传给我们的某种ijtihad或一套ahkam(律例),因为他们中没有人曾面对这一问题,因而也从未给出关于当前现状的Allah的hukm(裁决)。
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,我们需要理解什么才是真正的 Ijtihad(伊吉提哈德),了解它的界限和限制,也需要理解为重建哈里发制度而提出、并且一直被提出的各种不同思路的本质。
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.