15.2 将不同事物合并在一起
15.2 Combining Together Of Different Things
关于将不同的事物归为一类,立法者(Ash-Shaari')对不同的事情给出了相同的规定,尽管理性的类比并不接受这一点。立法者将水与尘土合并,允许人用它们来洁净自己,尽管水能洁净,而尘土会使东西变脏。立法者禁止黄金和小麦中的利息(riba al-fadl,即数量上的超额),尽管它们的实质不同。立法者也对叛教者和通奸者判处死刑,尽管两者的行为性质不同,罪行也有所差异。立法者保护穆斯林与齐米人(Dhimmi),尽管二者在宗教信仰上并不相同。立法者规定,诬告妇女通奸者与饮酒者同样受八十鞭笞刑,尽管这两种行为的实质不同。
As regards combining the things that are different, the Shar’a has given the same rules for different issues, even though the rational analogy does not accept this. The Shar’a has combined the water and dust when allowing one to be purified by them, even though water cleanses and dust makes thing dirty. It forbade the riba al-fadl (excess in amount) in gold and wheat even though their reality is different. It has also imposed the death penalty on the apostate and adulterer though the manner differs, despite the difference between the two actions. It has protected the Muslim and the Dhimmi, despite the fact that they are both different in terms of the deen. It obliged eighty lashes for the one who falsely accuses a woman of zina and the one who drinks alcohol, even though the reality of the two actions is different.
因此,有许多规定,其实质明显不同,理性无法将它们统一起来,然而伊斯兰教法却赋予它们相同的裁决。如果任由理性去进行类比,那么它所得出的裁决就会不同,也不可能给实质各异的事物以相同的规定。这也表明,这种类比方法是无效的。
Thus there are many rules whose realities clearly differ and nothing can bring them together, yet the Shar’a has given them the same rule. If it were left to the mind to make analogy, then it would have come with a different rule, and it would not have been able to give similar rules, due to their different realities. This also indicates the invalidity of this methodology in analogy.
此外,沙里亚(Shar'a)所制定的一些律例,理智并无置喙的余地。
Furthermore the Shar’a has given rules in which the mind has no role.
伊斯兰教法允许贸易,却禁止高利贷,尽管两者都属于交易,且彼此相似。法律规定通奸须有四名男性证人作证,而谋杀案只需两名证人即可,尽管杀人比通奸更为恶劣。在可撤销的离婚中,法律规定证人必须是穆斯林,但在遗嘱事务中却允许异教徒的证词。
The Shar’a has allowed trade but forbidden usury, even though both are a trade and they are similar. It stipulated four male witnesses in fornication, but two are sufficient for murder, even though killing is more vicious than fornication. In the revocable divorce, it stipulated that the witness is a Muslim, but it allowed the testimony of a Kaafir in bequests.
它规定了贞洁,即低垂目光,针对的是一位自由身、相貌丑陋的女子,其头发与肌肤皆在此列,即便一个人本不会自然地倾向于她;但它并未规定针对那些令人心生倾慕的婢女(jariyah,美貌的女奴)也须如此。它规定了在皮袜(khuffain)的上面擦拭,而不是在其下面擦拭,尽管擦拭下面似乎更为合宜。关于此事,Sayyiduna ‘Ali(愿真主尊崇他)曾说:“如果宗教是以类比(即以理性)来推断的,那么擦拭皮袜底部就比擦拭上面更为应当。”正是这一点促使著名诗人Abul ‘Ala al-Ma’arri这样说道:一只手的赔偿是数百枚金第纳尔,为何却为四分之一第纳尔而被截断(砍去)?
It obliged chastity, ie lowering of the gaze, in relation to a free ugly woman regarding her hair and skin, even though one does not naturally incline towards her, but it did not oblige this in relation to the jariyah (beautiful female slaves) towards whom one’s disposition inclines. It obliged wiping on the top of the khuffain (leather socks) and not under it even though it is more fitting to wipe the underneath. Regarding this, Sayyiduna ‘Ali (May Allah honour him) said; “If the deen were to be taken by analogy (ie rationally), then wiping under the socks would have been more deserving than wiping on the top.” This is what pushed the likes of the famous poet Abul ‘Ala al-Ma’arri to say; A hand is compensated with hundreds of gold dinars, How is it cut off (amputated) for one quarter of a dinar?
换言之,受损的手的血金(diyah)为五百第纳尔,那么为何四分之一第纳尔的盗窃就要截去手呢?
In other words, the blood money for a hand that has been damaged is 500 dinar, so how can the hand be amputated for quarter of a dinar?
理智认为,因四分之一第纳尔而断手是不适当的。理智凭借自身的判断,反对伊斯兰教法(Sharee'ah)的裁决。倘若理智被赋予权利,可以从整个伊斯兰教法的整体精神中理解一个"illah"(天启的理由),或从文本最明显的表面含义中理解它,或仅仅因为两条律例之间的相似性就认定类比推理(Qiyas)的存在,那么它就会禁止真主所允许的许多事物,并允许真主所禁止的许多事物。因此,类比推理只有依照伊斯兰教法所认可的方法才被允许;换言之,合法的类比推理不可能在没有"illah"(天启理由)的情况下成立。
The mind considers it improper for a hand to be cut off for a quarter of a dinar. With the judgement of the mind, he disapproves the judgement of the Sharee’ah. If the mind was the given the right to understand an ‘illah (divine reason) from the totality of the Sharee’ah, or from the most zaahir an-nas (apparent aspect of the text), or to understand the existence of Qiyas (analogy) from the mere similarity between two ahkam, then it would prohibit much of what Allah has permitted, and permit much of what Allah has forbidden. Thus, Qiyas is not allowed except according to the method approved by the Shar’a. In other words, the legitimate Qiyas cannot take place without an ‘illah (divine reason)
…mentioned in the text. 没有经文提及“illah(动因/理据)的情况下,不进行类比推理(Qiyas)。在经文中没有沙里尔(Shar'ee)“illah的,不给它指定理性的“illah,也不为它指定沙里尔“illah,只要它没有被提及或指定。正因如此,法学家(Fuqaha')通过考察经文,界定了探求“illah的途径。他们说,“illah或是由经文明示(Saraahatan)指出,或是通过含义(Dalaalatan)指出,或是通过推导(Istinbaatan)得出,或是通过类比(Qiyasan)得出。(请参阅关于法源学(Usul)的书籍以了解此内容。)
mentioned in the text. No Qiyas is made in the text that contains no Shar’ee ‘illah. No rational ‘illah is given for it and nor do we assign for it a Shar’ee ‘illah, as long as it has not been mentioned or assigned. That is why the Fuqahaa’ (jurists) have defined the ways (of discerning) the ‘illah by examining the texts. They said the ‘illah has either been indicated by the text saraahatan (explicitly), by dalaalatan (meaning), by istinbaatan (deduction) or by qiyasan (analogy). (Please check the book on Usul for this)
当使者ﷺ认可运用类比推理(Qiyas)时,他确定了它的类型。
When the Messenger approved of the use of Qiyas, he fixed its type.
艾哈迈德和奈萨仪从阿卜杜拉·本·祖拜尔处传述,他说:“一个来自海斯阿姆部族的男子来到真主的使者ﷺ面前,说道:
Ahmad and Nasai reported from ‘Abdullah b. az-Zubayr, who said; “A man from Khath’am came to the Rasool of Allah and said:
"我的父亲皈依了伊斯兰教,他年事已高,不能骑骆驼,但朝觐对他来说是有义务的。我可以代他朝觐吗?"先知ﷺ说:"你是长子吗?"他回答:"是的。"先知ﷺ说:"假设你的父亲有债务要偿还,而你代他偿还了,这能免除他的债务吗?"他说:"能。"先知ﷺ说:"那么你可以代他朝觐。"朝觐是一种崇拜('ibadah)。
‘My father has embraced Islam and he is old and cannot ride a camel, but Hajj is obliged on him. Can I perform the Hajj on his behalf ?’ He said: ‘Are you the eldest son?’ He replied: ‘Yes.’ He said: ‘Suppose your father had a debt to pay and you paid it on his behalf, would this requite him?’ He said: ‘yes.’ He said: ‘Then you can perform Hajj on his behalf.’” Hajj is an ‘ibadah (worship)
而借贷是一种交易(mu’amalah),两者彼此不同。然而,完成朝觐的义务与偿还债务相似,因为两者都属于债务。允许儿子代父亲履行朝觐的理由在于,这是在偿还一项债务。使者ﷺ将真主的债务与人的债务联系起来,就其偿还的义务及其益处而言。如果使者ﷺ没有立法作此规定,我们的理智本不可能作出这样的判断。
and giving a loan is a mu’amalah (transaction) and both are different from each other. However, discharging the obligation of Hajj is similar to payment of the loan, in the sense that both are debts. The reason for allowing the son to perform the Hajj on his father’s behalf is because it is the discharge of a debt. The Messenger linked the debt with Allah to the debt with human beings, in terms of the obligation of its settlement and its benefit. If the Messenger had not legislated that, then our minds would not have been able to make such a judgement.
法令背后的理由(ta'leel)是阐明立法依据的证据,它要求人们在'illah(立法依据、理由)存在之处遵循它,这就是类比推理(Qiyas)。当使者ﷺ谈到猫时说:"它不是najas(不洁之物)(即猫的唾液)。"他通过说"因为它们经常在你们身边,在家中(即驯养的)"阐明了不视其为不洁的理由,此段经文由布哈里和穆斯林记载。因此,凡是经常在家中出没的动物都不是不洁的,除非有经据(daleel)作出例外。 使者ﷺ说:"进门须先征得许可,是因为目光所及(之事)。"此段由布哈里和穆斯林记载。这意味着穆斯林进入他人房屋前必须请求许可,因为房屋有其神圣性,被视为'awrah(隐私之所)。规定请求许可的理由,是为了防止看到被禁止的事物。他所说的"min ajlin nazar(因为观看)"便是规定请求许可的'illah,即理由。 由此可见,穆斯林进入自己的家时,无需请求许可,因为'illah已不存在,因而法令也随之不存在。反之,若家中有客人等情况,法令仍然有效。所以,当'illah重新出现时,法令也随之重新生效。因此,法令与'illah在存在与否上是相互关联的。
The ta’leel (reasoning) behind rules is an evidence to clarify the matter for which the Shar’a has legislated the rule. This obliges that one follows the ‘illah where it is present. This is Qiyas. When the Messenger said about the cat; “It is not najas (impure) (ie the cat’s saliva).” He clarified the ‘illah ie the reason for not considering it impure when he said; “For they are usually around you in the homes (ie domesticated).” [Reported by Bukhari and Muslim]. Accordingly, any animal that is usually around the home is not impure, as long as there is no exception made by a daleel (evidence). The saying of the Messenger ; “Permission (to enter) is required because of sight.” [Reported by Bukhari and Muslim] This means the Muslim must seek permission before entering a house, because the house has its sacredness and is considered an ‘awrah. The reason for legislating the requirement of seeking permission is to prevent looking at a prohibited thing. His words “min ajlin nazar (because of viewing)” is the ‘illah ie the reason for legislating the seeking of permission. Thus, a Muslim who enters his home does not require a permission to enter. This is because the ‘illah is absent and hence the rule becomes absent. Otherwise the rule will remain if he has guests around and the like. So when the ‘illah returns, so does the hukm. Thus, the hukm is linked to the ‘illah in terms of presence and absence.
因此,类比推理(Qiyas)是非常精微的问题。应当知道,类比推理是为那些理解经文、律例和事件的有智慧的人而设的。它不适用于任何人,任何人都不能按照自己的私欲和好恶来运用它。它必须由真主赐予洞察力和理解力的人来运用,否则它就会成为毁灭的根源,并导致偏离真主的正道律例。伊玛目沙斐仪(愿真主怜悯他)说:“任何人在精通先前的圣行(sunan)、先贤的言论和阿拉伯语之前,都不得进行类比推理。他还必须心智健全,能够辨别相似的事物,不可急于下判断;他也不应拒绝倾听与自己意见相左者的话,因为这可能会让他注意到自己忘记的东西,或指出他认为正确的看法中的错误。”运用类比推理需要精确的理解。除了穆贾台希德(mujtahid,精通教法的学者)之外,任何人都不得运用类比推理来推导律例。
That is why Qiyas is one of the very delicate issues. It should be known that Qiyas is for the intelligent people who understand the texts, rules and incidents. It is not valid for just any person, who uses it according to his whims and desires. It must be for those people to whom Allah has granted insight and understanding, otherwise it would become a means of destruction and departure from the true rule of Allah . Imaam Shafi’i (may Allah have mercy on him) said; “It is not valid for anybody to make Qiyas until he became knowledgeable of the previous sunan (ways), the statements of the Salaf and the Arabic language. He must also be of sound mind so as to distinguish between the doubtful (or similar) matters and not rush to judge; and he should not resist listening to the one who disagrees with him, because this might draw his attention to something he forgot or point out to him the error of what he thought to be correct.” Use of Qiyas requires precise understanding. The use of Qiyas to derive a rule is not allowed for anyone other than the mujtahid.
在我们此前所提及的一切内容中,我们只引用了主张参与库夫尔统治者之统治者的证据,驳斥了这些证据,并说明它们无法成为此问题的证据。那么,伊斯兰教在此问题上的确定立场是什么呢?这一立场不需要进行伊智提哈德(Ijtihaad)。
In everything we have mentioned previously, we only quoted the evidences of those who advocate participation in kufr rule, their refutation, and showing that they cannot stand up as evidences for this subject. Now, what is the definite opinion of Islam, which doesn’t require Ijtihaad in this subject?
沙里亚(Shar'a)及其信仰('Aqeedah)建立在对独一之真主的信仰(Imaan)之上,并且敬拜应当唯独献给祂。"没有神明"(laa ilaaha)这一表述,意为否定除真主之外任何人的神性、敬拜与立法权。"除真主之外"(ilallah)这一表述,意为仅将这些权利确认归于真主。祂是唯一的神(Ilah)、真理,唯独祂配受崇拜,唯独祂有立法之权。 对真主的顺从与敬拜,以及对祂的沙里亚的认识,是通过使者ﷺ而来的。这正是两句作证词第二部分的含义,即:穆罕默德ﷺ是真主的使者(Rasool)。因此,唯有使者ﷺ应当被遵循,并且在立法上应当以他为榜样。
The Shar’a, along with its ‘Aqeedah, is established on the Imaan in Allah the One, and that worship should be solely for Him. The statement ‘laa ilaaha’ (There is no god) means the negation of divinity, worship and legislation from anyone other than Allah . The statement ‘ilallah’ (except Allah) means confirming these matters for Allah only. He is the Ilah, the Truth, the only one who deserves to be worshipped and to legislate.Worship and submission to Him and knowledge of His Shar’a comes via the Messenger . This is what the second part of the two shahadas means, which is that; Muhammad is the Rasool of Allah. Hence only the Messenger should be followed, and emulated in legislation.
即使是伊斯兰教法学原理(Usul al-Fiqh)也是建立在界定启示来源的基础之上的,以确保立法不取自这些来源之外的任何地方。它旨在规范推导(istinbaat)的原则,使任何非出自沙里亚(Shar'a)的东西都无法进入其中。因此,伊斯兰教法学原理所讨论的第一个问题是:哈基姆(Haakim,至高的主宰)是真主,裁决唯属于祂,并且在沙里亚对某一事项作出启示之前,或在沙里亚之外,不存在任何裁决(hukm)。
Even Usul al-Fiqh is built on defining the sources of revelation so that legislation is not taken from other than these sources. It seeks to regulate the principles of istinbaat (deduction), so that anything that isn’t from the Shar’a can not enter it. That is why the first discussion that Usul al- Fiqh undertakes is that the Haakim (Sovereign) is Allah , the judgement is only for Him, and there is no hukm before the revelation of the Shar’a on a subject or outside of the Shar’a.
接下来是Fiqh(伊斯兰教法学),它代表对崇拜的实际阐释:唯独崇拜安拉,唯独顺服祂,拒绝接受除祂之外任何人所制定的律法,同时判决的唯一依据只是祂的律法。
Then comes the Fiqh to represent the practical explanation of the worship to Allah alone, and the subjugation to Him alone and the rejection of any legislation from anyone other than Him, beside reference for judgement is to His Law only.
参与kufr体系意味着,主张者接受人为立法,与神圣立法并存。因此,他也就接受了在Shar'ee规则的立法者之外,还存在非Shar'ee规则的立法者。这也意味着接受立法来源的多元化。那么,那种要求崇拜统一、无论公开还是私下皆然的神性统一(wahdaniyyah al-ma'bud),又在哪里呢?
Participating in kufr systems means that the one who calls to it accepts human legislation in addition to the divine legislation. Consequently, he accepts the presence of a legislator of non-Shar’ee rules alongside the legislator of Shar’ee rules. This also means the acceptance of the plurality of sources of legislation. So where is the unity of the deity (wahdaniyyah al-ma’bud) that necessitates the unity of worship, openly and secretly?
禁止与安拉 同享崇拜,必然也禁止在祂的主权上设立同伴。
The prohibition of making shirk with Allah necessitates the prohibition of partnership in His rule.
因此,就整体而言,沙里亚(Shar'a)明确表明禁止参与jaahili(蒙昧时期)的各种制度。
Thus the Shar’a, in its totality, indicates the prohibition of participating in jaahili systems.
《信使的》在其劝化(da’wah)中的传记清楚地表明,其方法是彻底的、毫无折中的,并不受现实中各种影响的左右。真正触及现实的工作,才会带来必要的改变。信使ﷺ在劝化中,并未顾及麦加异教徒身上的多神崇拜(shirk)现实,不在乎他们的风俗与传统,也不在意人们接纳或拒绝他的态度。他不奉承当权者,尽管他ﷺ和他的劝化在麦加所处的境况十分严峻。他公开宣告:"除安拉外再无应受崇拜的主,穆罕默德是祂的使者。"这正是伊斯兰的全部实质,也意味着彻底拒绝除此之外的任何信仰或律法。正是基于这一点,阿布·贾赫勒以及麦加的其他异教领袖拒绝了这句作证(Shahadah)。也正是基于这一点,信使ﷺ当着黑人与白人、自由人与奴隶、富人与穷人、阿拉伯人与非阿拉伯人、拜偶像者与有经典的人,公开宣说作证。他与他们对抗、反对他们,并通过提及他们所崇拜的神明向他们发起挑战;于是他们以敌意回应,试图与他讨价还价,要求他对他们的神明保持沉默,以换取他们对他保持沉默。他们希望,如果信使ﷺ肯作让步,他们也会让步。他ﷺ没有接受这一点,而是忍耐着他们对劝化的骚扰和对其门徒的折磨;信士们也都忍耐着。他们所有人的忍耐,是劝化真实性及其立场之真诚的标志之一。甚至在劝化最艰难、没有任何支持者的时刻,当他ﷺ前去邀请Banu Sa’sa’ah支持他的宗教时,他拒绝了他们的条件——他们愿意给予他援助,但前提是他去世之后,权力要归于他们。 他并没有说,在所有的门都已关闭之后,有一个机会出现,使他可以从中获益。相反,他作为一位导师、领袖、dā'ī(宣教者)和引路人,告诉了他们,也告诉了我们其后的人:"权力属于真主,祂将它赋予祂所意欲的人。"他的意思是,权力唯独属于真主,没有人可以在此与真主分享。唯有真主将它赋予祂所意欲的人,此事之中没有任何其他人可以置喙。使者ﷺ在他的宣教中坚持下来,所依靠的只是思想的力量和真主的襄助,别无其他。宣教在麦地那建立伊斯兰之家(Dār al-Islām)时实现了其目标,那是在真主开启了支持穆罕默德ﷺ并协助他之人的心智之后。因此,成功来自真主。它属于那些依靠祂、寻求祂的襄助、并保持思想纯正、理解清晰、道路稳健与行动正确的人。
The Sirah of the Messenger in his da’wah indicates, without a shadow of a doubt, that the approach was radical and free from any effect of the reality. The work that affects the reality is what will create the necessary change. The Messenger in his da’wah, did not give any attention to the reality of shirk in the Kuffar of Makkah. He did not care about their customs and traditions; nor did he give any regard to people’s acceptance or rejection of him. He did not flatter those in authority, even though the situation of the Messenger and his da’wah in Makkah was severe. He publicly proclaimed, ‘There is no god but Allah and Muhammad is His Messenger’, which is the whole of Islam in its essence, and the complete rejection of every creed or Shar’a other than it. On this basis the Shahadah was rejected by Abu Jahl, along with the other leaders of kufr in Makkah. On this basis as well, the Messenger publicly proclaimed the Shahadah before the black and the white, the free and the slave, the rich and the poor, the Arab and the non-Arab, and the idol-worshipper and the people of the scripture. He confronted them, opposed them and challenged them by mentioning their gods; and so they responded with hostility, tried to bargain with him, and asked him to be silent about them so that they will be silent about him. They wished that if the Messenger had compromised, then they would compromise. He did not accept this and was patient regarding their harassment of the da’wah and their torture of his companions; the believers were patient with them. The patience of all of them was one of the signs of the truthfulness of the da’wah and of their tone, to the extent that he rejected the condition of Banu Sa’sa’ah when he approached them inviting them to support his deen, in the most difficult time of the da’wah and the lack of any supporter. They were ready to give him the Nusrah on condition that after him the authority should go to them. He did not say that an opportunity occurred to him from which he could benefit, after all the gates before him have been shut. Rather he told them and told us after them as a teacher, leader, da’ee and a guide; “The authority belongs to Allah and He places it where He wills.” He means by this that authority belongs to Allah only, and no one can share with Allah in this. Only Allah gives it to whom He wills, and no one else has a say in this matter. The Messenger continued in his da’wah without relying on anything other than the strength of the fikrah (idea) and the help of Allah. The da’wah realised its aim by the establishment of dar al-Islam in Madinah, after Allah opened up the hearts and minds of those who supported Muhammad and helped him. Thus, the success is from Allah . It is for the one who depends on Him, seeks His Help and maintains the purity of the idea, the clarity of the understanding, the soundness of the path and the correctness of the activity.
至此,关于参与那些不以安拉所降示之法统治的政权这一议题的讨论即将结束,我们接下来将呈现当今各政权统治的现实,以及参与是如何发生的。然后,我们将列出禁止遵循此途径的经文和圣训,并杜绝任何借口或曲解,因为经文的含义是明确无误的。
Now, at the end of this discussion about participating in the regimes that rule by other than what Allah has revealed, we shall present the reality of ruling in the current regimes and how the participation takes place. Then we shall present the ayaat and ahadith that prohibit the following of this path, and put an end to any justification or interpretation, because the ayaat are definite in their meanings.
任何国家的宪法都必须建立在特定的思想基础之上。它可以是民主的,也可以是伊斯兰的,因此,任何规则都不能脱离其信仰与根基而产生。
The constitution in any state must be established on a specific intellectual basis. It may be democratic or Islamic, such that there can be no rule that has not emanated from its creed and basis.
因此,在民主制度中,各项规则必须与其根本原则相协调,而该原则主张主权属于人民,即由人民通过其为此目的所选出的议会来制定法律,这一机构被称为议会。议会行使立法权时,行政机关便以人民的名义执行立法机关所通过的法律。为了使政府的权力始终受限于人民的统治,议会被赋予了对政府投信任票的权力,只有在获得信任票之后,政府才具有合法性。议会还被赋予监督、审查政府行为并要求其负责的权力。
Thus, in the democratic systems, the rules have to be in harmony with the basis, which says that the sovereignty is for the people, ie it is the people who enact laws through an assembly, which they select for this purpose and this is called the parliament. When it rules, the executive authority applies what has been legislated by the legislative authority in the name of the people. In order to keep the government restricted to the rule of the people, the parliament has been given the power to give the government a vote of confidence, such that it does not become legitimate except after the vote of confidence has been given. It has been given the power to monitor, examine and account the actions of government.
因此,如果政府或某位部长违反宪法或不遵守宪法规定,议会可以撤回对整个政府或该部长的信任。
Accordingly, it can withdraw the confidence from the whole government or a certain minister, if he commits a violation or does not adhere to the rules of the constitution.
因此,政府所采取行动的基础是民主,而非伊斯兰。正如我们在之前的讨论中所解释的,伊斯兰不承认任何不以精神为基础的行动,而精神基础正是对安拉的信仰(Imaan)。
Thus, the basis of the actions that result from the government is Democracy and not Islam. As we have explained in a previous discussion, Islam does not accept any action that is not based on a spiritual basis, which is the basis of Imaan in Allah .
这些制度具有一体化的结构,也有一个共同的基础;它们所要推行的政策是统一的,并通过各个部委加以落实。每个部委的政策都必须与其他部委的政策保持协调一致。制定这一政策的是政府整体。单个穆斯林部长的声音,不过是众多声音中的一个,而总统正是在宪法及其所奠定的基础之光下,与这些声音共同制定政策。这是从法律角度而言的。然而,这一理念与其实际运作之间存在巨大差距。当部长被选入内阁时,国家领导人及其团队早已制定好了政府的政策。部长除了在既定政策的基础上加入内阁,或拒绝加入之外,别无选择;他无权为自己的部门制定政策。
The systems have an integrated structure, just as they have a single basis, and the policy they want to execute is one, and they work to apply it through all the ministries. The policy of each ministry must be in harmony with the policy of the other ministries. What formulates this policy is the government together. The voice of the single Muslim minister will be nothing but a single voice from the collection of voices, with which its president formulates the policy, in the light of the constitution and the basis on which it is established. This is from the legal perspective. However, there is a huge difference between this idea and its practical application. The country’s leader and his team will already have drawn up the policy of the government when the minister is chosen for the cabinet. The minister has no choice, except to join the cabinet on the basis of the drawn up policy or to refuse it. He has no right to lay down the policy for his ministry.
此外,部长们的责任是共同责任。
Moreover, the responsibility of the ministers is a joint responsibility.
这意味着,当政府希望推行既定政策并作出必要决定时,就以多数人的意见为准。这意味着每位部长都会干预其他部门的事务,并就政府的决定提出自己的看法。这使得穆斯林部长对源自其部门或与其部门相关的一切事务负责,对其他部门的事务同样如此。在这种情况下,他有义务在外面、在民众面前为政府的政策和决定辩护,即便他在部内可能持反对意见。由此可能有人以为,穆斯林部长会对一切与伊斯兰相悖的提议采取反对立场。这种说法显示出思考的浅薄。部长不同于议员。从法律而非实践的角度看,议员代表选举他的人:在民主制度中,他可能代表穆斯林,在资本主义制度中,他可能代表左翼人士。至于部长,他并非为反对而入阁,否则他会因反对而被排除在外。因此,在民主制度中,反对政府或统治的人将留在阁外,不被允许进入;若他误入其中,也会被坚决驱逐。政府是为执政和推行政策而来的,它有其希望实施的政策,并非为了聚集矛盾而来。任何违背其政策的人,都将应首相或各部长的集体邀请而离开政府。议员们将个人收回对他的信任,而政府将继续运作。
This means that when the government wishes to implement the planned policy and take the necessary decisions, the decisions of the majority are taken. This means that every minister interferes in the affairs of other ministries, and puts forward his views regarding the government’s decisions. This makes the Muslim minister responsible for everything that originates from or relates to his ministry, or that of others. In such a situation, he is obliged to defend the policy and decisions of the government outside and in front of people, even though inside the ministry he might oppose it. Here one might assume that the Muslim minister will take the position of opposition to everything proposed that contradicts Islam. Such talk indicates shallow thinking. The minister is different from the MP. Thus, in terms of the law and not application, the MP represents those who have elected him. He may represent the Muslims in a democratic system, or he may represent the leftists in capitalist systems. As for the minister, he is not brought into the government to oppose, otherwise he will remain outside due to his opposition. Thus, in the democratic systems, the one who opposes the government or the rule will remain outside and not be allowed to enter it. If he enters by mistake, then he is expelled by insistence. The government comes to rule and implement. It has a policy that it wants to implement. It has not come to gather contradictions. Anyone who goes against its policy will leave it by the invitation of the prime minister or the ministers together. The MPs will withhold the confidence from him personally, and the government will continue functioning.
在此必须指出,穆斯林部长接受参与治理,仅仅意味着他已接受该国现行的宪法及其所依据的基础。我们在此所说的反对,并非反对该体制的基础,而是体制内部的反对;这种反对表明的是在枝节问题上的分歧,而各方都接受其根本基础。
Here it is imperative to mention that the mere acceptance of the Muslim minister to participate in ruling means that he has accepted the existing constitution in the country and the basis on which it is established. The opposition that we mention here is not the opposition to the basis of the system but opposition within the system, which is an opposition that indicates disagreement in the branches, whilst everyone accepts their basis.
此外,任何与某个部门有关的已通过的法令,在未经三方批准并附上其签名之前,均不生效。这三方是:国家元首、总理以及相关部长。这也意味着,穆斯林部长在管理其部门事务和独自颁布实际法令方面并不自由。
Moreover, any decree adopted and related to any ministry does not come into force and effect, until approved by three sides and provided with their signatures. They are; the head of state, the prime minister, and the relevant minister. This also means that the Muslim minister is not free in running the affairs of his ministry and issuing the practical decrees by himself.
这使以下几点变得清晰:
This makes the following points clear:
政府所依据的各项规则,并非建立在精神基础(即对安拉的信仰)之上,而是建立在民主的基础之上,在民主制度下,立法权属于人民,而非属于安拉。
- The rules, with which the government governs, are not established on a spiritual basis (which is the belief in Allah) but on the basis of Democracy, in which legislation is for the people and not for Allah .
- 政府是行政权力。它是执行统治并贯彻宪法规定的权威。政府及其总理和各位部长,每一位都无权违背宪法的规定,否则将被指控违宪。
- The government is the executive authority. It is an authority of ruling and execution of the rules of the constitution. The government, along with its Premier and ministers, every single one of them, are not entitled to go against the rules of the constitution, otherwise they will be accused of violating it.
没有任何一位部长,包括穆斯林部长在内,会独自制定其部门的政策。相反,他是在执行整个国家所制定的政策,其中包括国家元首在内。
- No single minister, including the minister who is a Muslim, draws up the policy of his department. Rather he applies the policy drawn up by the state as a whole, including its head.
每一位部长都对政府发布的所有决定和行动负有责任。这是因为法律规定,内阁的责任是集体责任和连带责任。
- Every single minister is responsible for all the decisions and actions issued by the government. This is because the law states that the responsibility of the cabinet is a collective and joint responsibility.
简而言之,这一问题在这些制度中有明确规定:任何人都无权脱离内阁,各行其是。
In short, the issue is regulated in these systems, such that no one has the right to act in isolation of the cabinet, and in his own way.
这就是这些政府的现实。许多经文都证明了穆斯林参与其中是被禁止的。
This is the reality of these governments. Many ayaat bear witness to the prohibition of a Muslim to participating in them.
因此,安拉规定裁决权归于安拉,以此作为法律由来的根基。祂说:“不然!我以你的主发誓,他们在彼此的争端中,若不请你裁决,并且在内心中对你的裁决不感到任何抵触,全然顺服地接受,他们就不算信士。”[TMQ 4:65] 祂又说:“当安拉和祂的使者已经决定一件事时,信道的男人和女人就无权在自己的事情上另作选择。”[TMQ 33:36] ——安拉规定统治者必须是穆斯林。祂说:“信道的人们啊!你们当服从安拉,服从使者,以及你们中的主事人。”[TMQ 4:59] ——安拉规定穆斯林统治者必须以伊斯兰来统治。祂说:“你当依安拉所降示的来在他们之间判决……”[TMQ 5:49]。安拉警告穆斯林统治者,不可背离伊斯兰的任何部分,即使只是一条律例。所以祂说:“你当谨防他们诱惑你,使你背离安拉所降示你的部分经典。”[TMQ 5:49] 祂命令我们,对于以明显的kufr(公开的不信)进行统治的人,要拔剑相向。这源于使者关于罪恶统治者的圣训:有人问道:“安拉的使者啊,难道我们不可以用剑与他作战吗?”使者说:“除非你们看到明显的kufr,并且你们对此拥有来自安拉的burhaan(确凿证据)。”[穆斯林辑录] ——祂禁止统治者的顾问和近臣信奉伊斯兰以外的任何教义。
- Thus, Allah obliged that the judgement should be for Allah , as a basis from which the laws originate. 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 said; “It is not (fitting) for a believer, man or woman, when Allah and His Messenger have decreed a matter that they should have any option in their decision.” [TMQ 33:36] - Allah has obliged that the ruler be a Muslim. He said; “O you who believe! Obey Allah and obey the Messenger and those in authority from amongst you.” [TMQ 4:59] - Allah has obliged the Muslim ruler to rule by Islam. He said; “And so judge between them by what Allah has revealed...” [TMQ 5:49]. Allah warned the Muslim ruler of turning away from some of Islam, even if it is a single rule. Thus He said; “And beware of them lest they turn you away from some of that which Allah has sent down to you.” [TMQ 5:49]. He ordered that we draw our swords in the face of the one who rules by kufr suraah (explicit kufr). This is owing to the Messenger’s statement regarding the Faajir ruler when he was asked: “Shall we not fight him with the sword, O Rasool of Allah? He said; “Unless you see clear and kufr buwah (explicit kufr) regarding which you have a burhaan (proof) from Allah.” [Reported by Muslim] -He forbade the advisors and entourage of the ruler to be on anything other than Islam.
"信道的人们啊!你们不要把(非信士)当作密友(或顾问、助手、保护者)"
“O You who believe! Take not as (your) Bitanah (advisors, helpers, protectors)
“外人”的。”[TMQ 3:118] ——安拉命令穆斯林以伊斯兰教作为裁决的依据,并禁止他们求助于塔斯呼特(邪恶的偶像或假法官)。他明确指出,做这种事的人,他的信仰只是一种说辞,并非真实。他说:“你没有看见那些自称信仰降示你的经典和降示你以前的经典的人吗?他们却愿意把争讼交给塔斯呼特去裁决,而他们已奉命拒绝它。但恶魔要使他们深入迷误。”[TMQ 4:60] ——安拉禁止穆斯林把除他们之外的人当作朋友和助手。他说:“信道的人们啊!你们不要把受安拉之怒的人当作朋友。”
those outside your religion.” [TMQ 3:118] - Allah ordered the Muslims to refer to Islam for judgement and He forbade them to refer to the Taghut. He clarified that the one who does that, his Imaan is a mere claim and not true. He said; “Have you seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Taghut (false judges, etc.) while they have been ordered to reject it. But Shaytan wishes to lead them far astray.” [TMQ 4:60] - Allah has forbidden the Muslims from taking as friends and helpers anyone other than them; “O you who believe! Take not as friends the people on whom is the Wrath of Allah.
诚然,他们对后世感到绝望,正如他们对那些埋在坟墓中的人(认为他们不会在复活日复活)感到绝望一样。”[《古兰经》60:13]。安拉还说:“信道的人们啊!你们不要以犹太教徒和基督教徒为盟友;他们只是彼此为盟友。你们中谁以他们为盟友,谁就确是他们中的一员。安拉必定不引导不义的人。你看那些心中有病(即伪信)的人,急忙趋向他们,说:‘我们恐怕遭遇某种灾祸。’或许安拉会赐予胜利,或降下一个决定,依照祂的意愿。那时,他们将为自己心中所暗藏的事而懊悔。”[《古兰经》5:51-52] 这里可能会产生一个疑问:今天的统治者并非犹太教徒或基督教徒。事实是,他们忠于犹太教徒和基督教徒。忠于统治者的人,其忠诚也将指向那些统治者所忠于的对象。
Surely, they are in despair of the Hereafter, just as they are in despair about those (buried) in graves (that they will not be resurrected on the Day of Resurrection).” [TMQ 60:13]. And He said; “O you who believe! Take not the Jews and the Christians as Awliya (friends, protectors); they are but Awliya to one another. And if any amongst you takes them as Awliya, then surely he is one of them. Verily, Allah guides not those people who are the Zalimun (unjust). And you see those in whose hearts there is a disease (of hypocrisy), they hurry to their friendship, saying: ‘We fear lest some misfortune of a disaster may befall us.’ Perhaps Allah may bring a victory or a decision according to His Will. Then they will become regretful for what they have been keeping as a secret in themselves.” [TMQ 5:51-52] Here the question may arise that the rulers today are not Jews or Christians. The truth is they are loyal to the Jews and Christians. The loyalty of the one who is loyal to the rulers, will be for the one those rulers are loyal to.
他说:“而不信道的人彼此互为盟友;如果你们不这样做(即……)”
And He said; “And those who disbelieve are allies to one another, (and) if you do not do so (ie.
“……(你们若与犹太人和基督徒结盟,成为一个统一的集团、同属一个哈里发国),地上就会有混乱(战争、争斗)与压迫,并会出现大乱和腐败(多神信仰的蔓延)。”[TMQ 8:73] 这里值得指出的是,不与犹太人和基督徒结盟的目的,并非是要效忠于他们之外的任何对象。确切地说,所禁止的是效忠于任何与伊斯兰相抵触的事物和人。禁止向他们效忠,也就要求人在思想和行为上与他们划清界限,凡是建立在kufr(不信)基础之上的事物,都不接受其中的任何内容。真主 借易卜拉欣之口说道:“我们与你们,以及你们舍真主而崇拜的一切,毫不相干。我们否认你们,我们与你们之间,永远存在着敌意和仇恨,直到你们信仰真主……”[TMQ 60:4] 效忠(walaa’)应当献给真主、祂的使者和信士们。真主 说:“谁以真主、祂的使者和信士们为盟友,那么,真主的党徒必定胜利。”[TMQ 5:56] 此处可能还会出现另一个问题:接受参与执政,并不意味着我们要效忠于他们。我们只是遵循这一模式而表现出顺从,直到我们获得影响力。
become allies, as one united block with one Khilafah), there will be Fitnah (wars, battles) and oppression on earth, and a great mischief and corruption (appearance of polytheism).” [TMQ 8:73] Here it is worth mentioning that the intention from not allying oneself with the Jews and Christians is not that one should be loyal to other than them. Rather what is intended is that it is forbidden to be loyal to anything and anyone that contradicts Islam. The prohibition of showing loyalty to them necessitates that one detaches oneself from them, in terms of ideas and behaviour, and doesn’t accept any matter from them, as long as their basis is established on kufr. He said, on the tongue of Ibraheem; “Verily, we are free from you and whatever you worship besides Allah, we have rejected you, and there has started between us and you, hostility and hatred for ever, - until you believe…” [TMQ 60:4] The walaa’ (loyalty) should be for Allah, His Messenger and the believers. He said; “And whosoever takes Allah, His Messenger and those who have believed as Protectors, then the party of Allah will be the victorious.” [TMQ 5:56] Another question that may arise here is that by accepting to participate in ruling we do not mean to be loyal to them. We only show loyalty following the model (we show our submissiveness until we gain influence)
但是我们的心拒绝他们所做的事。事实是,忠诚是一件由身体行为与心灵共同承担的事。当统治者以不是安拉所降示的律法来统治时,我们有义务用手、用舌、用心加以拒斥。至少应当用心拒斥,而此后便没有信仰了,正如被选中者所告知的那样。
but our hearts reject what they do. The truth is that loyalty is a matter in which the organs (action) and heart share. We are obliged to reject by hand, tongue and heart what the ruler does, when he rules by other than what Allah has revealed. The least one can do is to reject with the heart and there is no Imaan after this, as informed by al-Mustafah .
那些持有最弱信仰立场的人,他们的行为和言论不应赞同或支持非伊斯兰的统治。做这种事的人,即便内心排斥,也是违抗真主并犯罪。如果他们内心认可,就会被指控为犯了kufr(不信)。对于参与以非真主所降示之法进行统治的人,至少可以说,他是Faasiq(悖逆者)、Zaalim(不义者)和对真主的‘aasi(违抗者)。
Those who take the position of the weaskest of Imaan, their actions and statements should not agree or support the rule by non-Islam. Those who do that, they are disobeying Allah and committing sin, even if their hearts reject it. They are accused with kufr if their hearts approve it. The least that one can say about the one who participates in ruling by other than what Allah has revealed, is that he is a Faasiq (transgressor), Zaalim (oppressor) and ‘aasi (disobedient) to Allah .