12.1 对所提及理性论据的讨论
12.1 Discussion Of The Mentioned Rational Justifications
从他们对允许偏离伊斯兰教法(Shar'a)规定的理性理由的陈述来看,尽管他们使用了一些乌苏勒(Usuli)和沙尔仪(Shar'ee)的术语,但他们的文化似乎并非伊斯兰文化。
From their presentation of the rational justifications allowing deviation from the Shar’a rules, it appears that the culture of these people is not an Islamic culture, even though they use some Usuli and Shar’ee expressions.
他们并不具备伊斯兰教中规范的思维方法,即如何看待现实以推导出沙里尔(Shar'ee)规则,或者如何看待沙里尔规则本身。他们没有区分其著作中的方法与风格。或许,“沙里尔具有灵活性”这一占主导地位的观念,使他们对沙里尔规则感到满足,并以“与时俱进”为借口,用非沙里尔规则来取代沙里尔规则。
They do not posses the regulated method of thinking in Islam, regarding how to look at the reality in deducing the Shar’ee rule, or in looking at the Shar’ee rule itself. They did not distinguish between the method and style in their work. Perhaps the dominant idea of ‘flexibility of the Sharee’ah’ has made them complacent regarding the Shar’ee rules and their substitution with non-Shar’ee rules, under the pretext of keeping up with the age.
认为既然许多事物已经改变,我们便可以不遵循使者的方法和伊斯兰教法的规定,这种观点是错误的,也说明他们想要改变的现实并未经过深入的研究。因为对于现实而言,重要的是其根本特征,而不是其可变的外在形式。
The view that allows us not to take the method of the Messenger , and the rules of the Sharee’ah, as long as many things have changed, is incorrect and does not indicate that a deep study of the reality that they wish to change has taken place. That is because, what is important about the reality is its fundamental characteristics and not its variable forms.
社会就其基本构成要素而言(人、思想、情感与制度)是不变的,即便它呈现出不同的形态,例如部落式的、简单的或复杂的国家形态,无论是民主制还是专制制。因此,考量的是其根本特征,而形态的变化并不影响变革的方法。例如,挑战社会中错误的思想、不正确的观念以及不良的习俗和传统,以求改变,这是先知ﷺ所践行的沙里尔(立法者)规定,因此它是一项既定的工作。变化的是社会的思想,它可能是浅薄的爱国主义、狭隘的民族主义,或是意识形态化的资本主义或共产主义。众所周知,意识形态性的思想比任何其他思想都更为强大,推翻它需要巨大的努力。思想的差异可能使工作更加困难或容易,但不会改变方法。无论制度的形态是如先知ﷺ时代那样的部落式,还是如我们这个时代那样的简单或复杂的国家,都不会改变方法的规则,尽管它可能阻碍或促进工作的开展。无论寻求变革的制度依赖军队或武装部落来保护与巩固自身,它总有所依靠的力量。先知ﷺ的工作重点在于寻求这类力量的援助(Nusrah),以建立伊斯兰国家。当先知ﷺ致力于建立一个新社会时,他集中关注社会的构成要素。
Society, in terms of its basic constituent elements (the people, thoughts, emotions and systems) remains as it is without change, even if it takes on different forms such as being tribalistic, a simple or complex State, and whether it is democratic or a dictatorship. Thus, the consideration is for the fundamental characteristics, and the changing forms have no effect on the method of change. For example, challenging the erroneous thoughts, incorrect concepts, and bad customs and traditions in the society intended for change is a Shar’ee rule that the Messenger acted upon, so it is an established work. What varies is the thought of society, which could be shallow Patriotism, narrow Nationalism or ideological Capitalism or Communism. It is well known that the ideological thought is stronger than any other thought, and overthrowing it requires great effort. The difference in thoughts may make the work more difficult or easy, but it will not change the method. Whether the form of the system is tribalistic as it was in the time of the Messenger , or it is a simple or complex State as it is in our day, does not change the rules of the method, though it may obstruct or facilitate the work. Whether the system aiming for change depends upon armies or armed tribes for its protection and consolidation there is a force that it depends on. The work of the Messenger was focused on seeking the Nusrah from this type of force to establish the Islamic State.When the Messenger worked to establish a new society, he concentrated on the constituent elements of society.
因此,他培养出了信仰坚定的人,这些人准备好承担da'wah的重担并建立国家(Muhajireen,即迁士);他又建立了广泛的群众基础,使其接纳da'wah及其承载者,并接受在其中建立的国家(Ansaar,即辅士)。因此,寻求Nusrah(援助)就是取得权力的途径。先知ﷺ坚持采用这一方法,尽管在寻求Nusrah的过程中遇到了种种障碍和困难。研究先知ﷺ在麦加的工作的人会发现,变革的方法涉及根本的支柱。他会发现,先知ﷺ的方法并不因时间和地点的变化而改变,也不因地区的不同而改变。这是因为不同地区和社会的特征差异只涉及形式而非实质。这些特征的性质决定了工作的难易。
Thus he produced people who had strong Imaan, people who were ready to carry the burden of the da’wah and establish the State (the Muhajireen), and he created the popular base, which would embrace the da’wah and its carriers and accept the state to be established amongst them (the Ansaar). Hence the seeking of the Nusrah is the method to reach power. The Messenger persisted with this method, despite the obstacles and difficulties he faced during seeking of the Nusrah. The one who studies the work of the Messenger in Makkah finds that the method of change deals with the basic pillars. He finds that his method did not change by the change of the time and place, and nor did it change from region to region. This is because the differences in the characteristics of the different regions and societies relates to the form and not the essence. The nature of these characteristics is what makes the work difficult or easy.
认为伊斯兰教法具有灵活性的观点,并不允许穆斯林的思想和随心所欲的念头,以灵活性为借口来改变它。
The view that the Sharee’ah is flexible, does not also allow the minds and whims of Muslims’ to change it, under the pretext of flexibility.
真主 使伊斯兰教法完备,其内容宽广,足以解决生活中的一切问题,无论是旧有的还是新出现的。然而,这一切都在既定的原则(Usul)范围之内,这些原则源于一个事实:立法权唯独属于真主。
Allah has made the Sharee’ah complete such that it is wide enough to solve all the problems of life, whether old or new. However, all this is within the regulated Usul (principles), that emanate from the fact that the rule is only for Allah .
不允许以“伊斯兰教法宽广”为由搁置经文,或将其延伸到并不属于伊斯兰教法的内容上。有些穆斯林学者正是以这一借口搁置了沙里尔(伊斯兰教法)规定的刑罚。
It is not allowed to suspend the texts using the view that the Sharee’ah is vast, or to extend it to include that which it not from it. Some Muslim scholars have suspended the Shar’ee punishments under this pretext.
他们说,既然伊斯兰法(Sharee'ah)中刑罚的目的在于震慑,那么凡是能够遏制犯罪的手段,都可以被视为与伊斯兰法相符。既然伊斯兰法规定的刑罚已不合时代精神,并且已被人们的内心与理智所摒弃和拒绝,那么只要能达到这一目的,我们就可以转而采用其他办法。如果伊斯兰法不具有灵活性和发展性,我们就无法这样做。
They said that since the aim of the punishments in the Sharee’ah is to be a deterrent, then whatever deters crime can be considered to be in agreement with the Sharee’ah. Since the Shar’ee punishments are not considered to be consistent with the spirit of the time and they have been dismissed and rejected by the hearts and minds of the people, we can move onto something else, as long as it achieves the aim. Had the Sharee’ah not been flexible and evolving, we could not have done that.
他们还说,圣战(Jihaad fee sabeelillah)的目的是传播伊斯兰教。既然可以借助圣战以外的手段来传播伊斯兰教,例如广播、电视以及其他各种现代文明的传媒手段,那么就可以用这些手段取代圣战。如果伊斯兰法不具有灵活性和可发展性,我们就无法这样做。
They also said that Jihaad fee sabeelillah is for the purpose of spreading Islam. Since it is possible to spread Islam using means other than Jihaad, by the modern civilised means available to us such as the radio, television and other types of media, then it is possible to replace Jihaad with these means. Had the Shar’a not been flexible and evolving, we could not have done that.
关于获得伊斯兰教法裁决的方法,他们说,凡是能够达成这一目的的任何方法都可以采用,不必拘泥于一种途径,也不必止步于此。这种拘泥和束缚与伊斯兰教的本质相悖,伊斯兰教是仁慈、灵活且与时俱进的,安拉(SWT)并没有在其中设置任何困难。
Regarding the method of attaining the Islamic ruling they said that any method that can achieve this, can be followed. It is not necessary to stick to one way and not go beyond it. This is rigidity and tightness that contradicts the nature of Islam, which is kind, flexible and evolving, and in which Allah has not placed any difficulty.
因此,在这种意义上说"伊斯兰教法是灵活的"是哈拉姆(禁止的),因为它搁置了宗教的律例,并且与伊斯兰的本质相违背。这种说法受到西方思想的影响,并且亦步亦趋地跟随其后。
Thus, the statement that the ‘Sharee’ah is flexible’ in this sense is haraam, because it suspends the laws of the deen, and because it is in conflict with the nature of Islam. It is affected by the western thinking, and follows along behind it.
关于“当个别(规则)与总体(规则)相冲突时,总体(规则)更具分量”这一观点,需要加以说明。因为其所用的表述与usuli学者的表述似乎有相似之处,但它们并不具有usuli学者所确定的规范化含义。这也表明其在概念与标准上存在不稳定之处。
As for the view that when the partial (rule) clashes with the comprehensive (rule), then the comprehensive (rule) is weightier. This is a statement that requires explanation, because it appears that there is a similarity between the expressions that they used and the expressions of the Usuli scholars, but they do not carry the same regulated meanings that Usuliyeen used. It also shows unsteadiness in the concepts and criteria.
如果伊斯兰教法在某一事务上宽容,或在某个具体问题上持温和态度,这并不足以使人将其推广到每一件事务和每一个问题上。
So if the Sharee’ah was lenient in a matter or soft in a particular issue, then this is enough for them to generalise that to every matter and every issue.
在这一点上,还有另一个要点需要说明。即:理性的论证不能对确定沙里亚的律例产生任何作用。伊斯兰教法学(乌苏勒)学者已经指出,现实构成律例的"曼纳特"(客体),但它本身并不带来命令或禁止。相反,现实仅仅是按其本来面目被认识的。确定沙里亚律例的沙里亚依据则在此之后出现。因此,理性的论证原则上没有价值。
In this regard, another point remains. That is, that the rational justifications can have no effect in determining the Shar’ee rule. The scholars of Usul have stated that the reality forms the Manat (object) of the rule, but does not oblige or forbid. Rather the reality is understood only as it is. The Shar’ee evidences by which the rule of the Shar’a is determined come after that. Therefore, rational justifications, in principle, have no value.
至于其在法理上的依据,其基础在于:原则上,参与一个以非真主之律法进行统治的政府是不被允许的。这是由若干因素所决定的。
As for the Shar’ee justifications, they are based on the fact that in origin, it is not allowed to participate in a government that rules by a Shar’a other than the Shar’a of Allah This is owing to a number of factors.
* 经文的总体含义将那些不按照安拉所降示之法裁决的人描述为具有kufr(不信)、zulm(不义)和fisq(悖逆)的特征。安拉 说:“凡不按安拉所降示的律例裁决者,他们便是Kaafirun(不信道者)。”[TMQ 5:44]。安拉 说:“凡不按安拉所降示的律例裁决者,他们便是zaalimun(不义者、压迫者)。”[TMQ 5:45]。安拉 说:
* The generality of the texts mentioning those who do not rule by what Allah has revealed characterised them with kufr (disbelief), zulm (injustice) and fisq (transgression). He says; “And whosoever does not judge by what Allah has revealed, such are the Kaafirun (disbelievers).” [TMQ 5:44]. He says; “And whosoever does not judge by what Allah has revealed, such are the zaalimun (unjust, oppressors).” [TMQ 5:45]. He says:
“凡不依照真主所降示的判决者,他们便是法西格(悖逆者)。”[古兰经 5:47] *主权(哈基米耶)只能属于真主。祂说:
“And whosoever does not judge by what Allah has revealed, such are the Faasiqun (transgressors).” [TMQ 5:47] * The Hakimiyyah (sovereignty) must belong only to Allah . He said:
“主的律例唯独属于安拉。他命令你们只崇拜他。”[TMQ 12::40] *另外,安拉 禁止信士们求助于安拉 的沙里亚以外的法律,并且当他 说:“不然,凭你的主发誓,他们在彼此的争端中,若不以你为公断人,且对你的判决心中毫无怨恨,并完全顺服地接受,他们就不是信士。”[TMQ 4:65] 时,他将此定为信仰的否定。他还谴责伪信者求助于安拉所降示之外的事物:
“Indeed, the Rule is for none but Allah. He has commanded that you worship none but him.” [TMQ 12::40] * Also Allah has forbidden the believers from referring to a law other than the Sharee’ah of Allah , and He made that a negation of the Imaan when He said; “But no, by your Lord, they can have no Imaan, until they make you the judge in all disputes between them, and find in themselves no resistance against your decisions, and accept them with full submission.” [TMQ 4:65] * He also criticised the hypocrites for referring to other than what Allah has revealed:
“你难道没有看到那些(伪信者)吗?他们自称信奉降示你的经典和降示你以前的经典,却又想把争端交给塔originals(邪恶的偶像)裁决,而他们已被命令拒绝它们。但恶魔想要使他们走入极深的迷误。”[TMQ 4:60] * 不允许舍弃真主 的法律而遵从其他任何人的法律。凡这样做的人,就是把蒙昧时代的律例置于真主 的律例之上。
“Have you seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which has been sent down before you, and they wish to go for judgement (in their disputes) to the Taghut (false judges) while they have been ordered to reject them. But Shaytan wishes to lead them far astray.” [TMQ 4:60] * It is not allowed to leave the rule of Allah for the rule of anyone else. Whoever does that would be giving preference to the rules of Jahilliyyah over the rule of Allah .
“难道他们想要的是蒙昧时代的判决吗?对于坚信不疑的民众来说,谁的判决能比真主更好呢?”[《古兰经》5:50] 这是原则性的规定,但他们认为参与内阁属于对该原则的例外,其依据是以下几条证据:
“Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than Allah for a people who have firm belief.” [TMQ 5:50] This is the rule in origin, but participation in the cabinet is allowed (in their view) as an exception to the origin, deduced from the following evidences:
1. 优素福(阿拉伊赫·赛俩姆)参与治理。
1. Yusuf ’s (as) participation in ruling.
2. 纳杰希的立场。
2. The position of an-Najashi.
3. 马斯莱哈(公益)。
3. Al-Maslahah (interest).