2.10 负责树立宗教(Deen)的人
2.10 Those Entrusted With The Establishment Of The Deen
在详细探讨这一主题之前,我们必须先了解谁被授权执行沙里尔(Shar'ee)的律例。
Before we deal with this subject in a detailed manner, we must know who has been entrusted with the implementation of the Shar’ee rules.
这是因为在乌玛之中,有个人、统治者和群体。这些类别中的每一类,都由沙里亚委以一套必须遵守的规则。此后,他们会依据其在所托付之事上的失职而受到劝告、问责和纠正。如果这一事实对我们而言变得模糊不清,那么结果就是我们将难以履行劝善戒恶的义务。因此,我们说如下内容。
This is because within the Ummah there are individuals, rulers and groups. Each of these categories has been entrusted by the Shar’a with a set of rules that they must adhere to. Thereafter, they are advised, accounted and rectified according to the failure in carrying out what they were entrusted with. If the reality of this matter became obscure to us then as a consequence it will be difficult for us to undertake the obligation of enjoining the ma’roof and forbidding the munkar. Therefore we say the following.
有些伊斯兰教法规定的事务,只能由哈里发或埃米尔执行,其他人不得擅自施行。有些事务则委托给个人,若人们未能履行,再由哈里发代为执行。还有些事务委托给哈里发,但在特定情况下允许个人去承担。另有一些事务则委托给团体。
Some of the Shar’ee rules are entrusted to the Khaleefah or the ameer and it is not allowed for anyone else to execute them. Some other rules are entrusted to the individuals, and they are undertaken by the Khaleefah if the people failed to perform them. Some rules are entrusted to the Khaleefah and it is allowed for individuals to undertake them in certain cases. Some rules are entrusted to the groups.
至于交付给个人的事项,它们包括:礼拜、斋戒、朝觐(朝圣)、天课,以及戒除被禁止的事物,如饮酒、赌博、高利贷、偷窃、杀人、通奸、淫乱、说谎、欺诈、背后诽谤等等。
As for what is entrusted to the individuals; they are things like the prayers, fasting, Hajj (pilgrimage), and Zakah and refraining from the forbidden things such as alcohol, gambling, usury, theft, murder, fornication, adultery, lying, fraud and backbiting and so on and so forth.
穆斯林被命令遵守这些规则,无论他们生活在dar al-kufr还是dar al-Islam,也无论他们生活在伊斯兰国家还是kufr国家。在这里,不应只看先知和他的圣门弟子(愿真主喜悦他们)在麦加所做的,或只看他们在麦地那所做的。相反,沙里尔(Shar'ee)规定个人应遵守的规则,包括功修(ibadaat)、交易(mu'amalaat)、饮食(mat'oomaat)、衣着(malboosaat)、道德(akhlaaq)以及其余的伊斯兰信仰;所有这些规则都要求每个个人遵守。每个人都要对他作为监护人(wali)的家庭成员负责。如果有一位生活在dar al-kufr的穆斯林个人,当局禁止他遵守个人层面的沙里尔规定,那么他有义务迁移到另一片土地,无论那片土地是dar al-Islam还是dar al-kufr,这依据真主的话:"当天使取走那些自欺之人的灵魂时,天使会问他们:'你们处于怎样的状况?'他们回答:'我们在大地上是软弱受压迫的。'天使说:'真主的大地不够宽广,让你们可以迁移到那里去吗?'这些人的归宿是火狱,那是何等恶劣的归宿!除了男人、妇女和儿童中那些无力设法、也找不到出路的弱者。"[TMQ 4:97-98]即使他能够遵守沙里尔规定,从dar al-kufr迁移到dar al-Islam也是可取的(mustahabb),除非他致力于将所居住的dar al-kufr转变为dar al-Islam。众所周知,dar al-Islam是由伊斯兰统治的土地,其安全掌握在穆斯林手中。
The Muslims are commanded with these rules, whether they are living in dar al-kufr or dar al-Islam, and whether they are living in Islamic countries or kufr countries. Here, one does not look at what the Messenger and his Sahabah (may Allah be pleased with them) did in Makkah alone or just in Madinah alone. Rather, the Shar’ee rules required from the individuals in terms of the ibadaat (worships), mu’amalaat (transactions), mat’oomaat (foodstuffs), malboosaat (clothing), akhlaaq (morals) and the rest of the Islamic beliefs; all of these rules are required from the individual. Every individual is responsible for the family members for whom he is a wali (guardian). If there is an individual Muslim who lives in dar al-kufr and the authority forbids him from adhering to the individual Shar’ee rules, he is obliged to emigrate to another land whether the land is dar al-Islam or dar al-kufr, in accordance with His saying; “Verily! As for those whom the angels take (in death) while they are wronging themselves (as they stayed among the disbelievers even though emigration was obligatory for them) they (angels) say (to them): ‘In what (condition) were you?’ They reply:’ We were weak and oppressed on earth.’ They (angels) say: ‘Was not the earth of Allah spacious enough for you to emigrate therein?’ Such men will find their abode in Hell - what an evil destination! Except the weak ones among men, women and children who cannot devise a plan, nor are they able to direct their way” [TMQ 4:97-98]. It is mustahabb (prefered) for him to emigrate from dar al-kufr to dar-Islam, even if he is able to adhere to the Shar’ee rules, unless he works to transform the dar al-kufr in which he lives into dar al-Islam. It is well known that dar al-Islam is the land that is ruled by Islam and its security is in the hands of the Muslims.
至于交付给个人的事务,若个人未能履行,则由哈里发承担,例如:若负有责任者无力供养,则由哈里发为个人提供生活费;若个人无法处理其个人事务,则由哈里发负责料理;又如,若村庄和城区的居民未能承担此事,则由哈里发负责修建清真寺。
As for what is entrusted to the individuals, it is undertaken by the Khaleefah if they failed in it, such as giving the individuals a maintenance if those who are responsible are not able to do so, or looking after the individual affairs if the individuals are unable to undertake this. Also building mosques in villages and city quarters if the inhabitants were not able to take up this task..
至于哈里发或埃米尔独有的职权,他人不得擅自执行的事务,例如执行哈杜德刑罚、宣战、缔结条约、制定强制性法律,以及管理公共义务事务。这些事务及其他类似事项,沙里尔(立法者)已将其执行权限定于统治者。
As for what is entrusted to the Khaleefah or the ameer only and it is not allowed for anyone else to implement it. These are things such as the establishing of the hudood, and the declaration of war, or concluding a treaty or legislating compulsory laws, or looking after the compulsory affairs. The undertaking of these and other matters have been restricted by the Shar’a to the ruler.
至于那些属于哈里发所负责、但在某些情况下允许个人去承担的事务,例如圣战(Jihaad)。圣战属于哈里发的职责之一;然而,当敌人突然袭击穆斯林时,即便没有得到命令,或者没有获得哈里发的许可,穆斯林也有义务参战;或者当穆斯林没有哈里发,而又发生了需要进行圣战的事件时,个人也应当参加圣战,即便是在一位放荡的统治者(faajir)之下,或是在一小群人的首领(ameer)之下。不过,按照原则,穆斯林是不允许接受最后这种情况的,即没有哈里发、而处于放荡统治者的领导之下。
As for what is entrusted to the Khaleefah and is allowed for the individuals to undertake in certain cases, they are things like Jihaad. It is from the responsibilities of the Khaleefah, however, when the enemy attacks the Muslims suddenly, they are obliged to fight even if they have not been ordered to do so, or they have not been given the permission by the Khaleefah, or if the Muslims do not have a Khaleefah and an event has happened that requires Jihaad. The individuals will undertake the Jihaad even with a faajir ruler or with the ameer of a small number of people. However, in origin the Muslims are not allowed to accept this last option, ie the situation in which there is no Khaleefah and they are under the leadership of faajir rulers.
至于那些仅委托给团体的事务,例如建立哈里发制度、监督统治者并促使他们遵循真理、约束他们遵守真理的工作。政党、团体、组织、集团或任何伊斯兰团体的工作,都属于这一范畴。
As for what is entrusted with the group only, such as the work to establish the Khilafah or accounting the rulers and forcing them onto the truth and restricting them to it. The work of the party, group or organisation or block or any Islamic grouping falls within this sphere.
诚然,明确沙里尔(Shar'ee,即伊斯兰教法)的规定应当由谁来执行,是一件重要的事情。因为任何无知或疏忽,都会使穆斯林——无论是个人还是团体——在实施沙里尔时盲目行事。穆斯林由此将失去准确的理解,进而无法正确地应用。结果,穆斯林会忽视与其责任相关的义务,反而以此为代价去从事曼杜卜(mandoobaat,即推荐的行为)。
Indeed, clarifying whom the Shar’ee rules have been entrusted to is an important matter. This is because any ignorance or negligence will make the Muslims, whether individuals or movements, act blindly regarding the implementation of the Shar’a. The Muslims will thus lose the precise understanding and consequently the correct application. Consequently, the Muslim will come to neglect obligations linked to his responsibility, and undertake the mandoobaat (recommended actions) at their expense.
该团体会去学习与个人相关的沙里尔律例,却忽视与其作为一个群体的成员相关的沙里尔律例;或者在不了解沙里尔所规定、我们必须遵从的责任分工的情况下,就去承担伊斯兰国的工作。学者会去向民众讲解某些个人的法定义务,如拜功、天课和斋戒,而放弃其他的教法条规,如与穆斯林生活相关的买卖律例,或者谗言的律例,更不用说放弃集体义务了,其中最重要的便是伊斯兰国。
The group will come to study the Shar’ee rules relating to individuals and neglect the Shar’ee rules relating to its members as a group, or undertake the work of the Islamic State when it is not aware of the division of responsibility which the Shar’a determined and to which we must comply. The scholar will come to talk to the people about certain individual farood like prayer, zakah and fasting and abandon other ahkaam such as the rules of selling that relate to the life of the Muslims, or the rules of backbiting, not to mention the abandoning of the collective obligations, the most important of which is the Islamic State.
他也常被描绘为一个虔诚的人,或是一个进行劝诫的人,但并不是一位研究过乌玛(穆斯林共同体)的问题、提出解决方案并着手加以解决的学者型政治家。
He also appears as a pious person or someone who admonishes, but not as a scholar-politician who has studied the problems of the Ummah and has put down solutions and sets out to solve them.
每一类人所被委托的职责都必须遵行。若其未能履行所托付的职责,就必须命行善、禁止作恶。对于并未被责成承担的事务,则不予追究。因此,就沙里阿的执行而言,它并非只托付给一个保管者,而是为它设立了多个保管者,每一方承担其所被委托的部分。整个乌玛将承担整个沙里阿。当穆斯林个人履行其所应尽的义务,团体或团体们履行其所应尽的义务,哈里发履行其所应尽的义务时,伊斯兰就得以完整地付诸实施。
Whatever has been entrusted to each of these categories must be adhered to. It has to be ordered with the ma’roof and forbidden from the munkar if it was failing in what it was entrusted with. It will not be accounted for what it was not charged with. Thus, the Shar’a, in terms of the application, was not entrusted to one custodian only. Rather it established more than one custodian for it, where each one would undertake what it has been entrusted with. The whole Ummah will undertake the whole Shar’a. When the Muslims undertake as individuals what is required from them, and the group or groups undertake what is required from them, and the Khaleefah undertakes what is required from him, then there will be the complete application of Islam.
这里必须指出,每个穆斯林个人都有义务全面地、概括地信仰伊斯兰。至于具体细节,他则依据自己所需要的,以及作为个人所应履行的,和作为他所参与工作的团体或政党成员所应履行的部分来采纳。对于这些义务中的任何疏忽,他都将受到真主 的问责。他应当承担沙里亚对个人所要求的责任。哈里发也是如此。因此,他要礼拜、斋戒、朝觐,孝敬父母,远离通奸和高利贷。他还要承担沙里亚对哈里发所要求的责任。因此,他要制定法律,宣布圣战,保卫穆斯林的土地,依照真主 所降示的法律治理,并执行哈都德刑罚。他在这方面的任何疏忽,都将在后世受到真主 的问责,而乌玛则会在今世追究他的责任。
Here we must draw attention to the fact that the individual Muslim is obliged to believe in Islam completely and in a general manner. However, he adopts of the details that which he is in need of, and what is required from him as an individual and what is required from him as a member of a group or party with which he works. He will be accounted by Allah for any negligence regarding any of these duties. He should undertake what the Shar’a requires from him as an individual. The same applies to the Khaleefah. Thus, he prays, fasts, makes Hajj, looks after his parents and he abstains from zina and usury. He will also undertake whatever Shar’a requires from him as a Khaleefah. Thus, he will pass laws, declare Jihaad, protect the Muslim lands, rule by what Allah has revealed and implement the Hudood. Any negligence on his part will be accounted by Allah in the Hereafter, and the Ummah will account him for it in this world.
这一现实必须向穆斯林阐明,以便他们在进行自我检视(muhaasabah)时能够加以区分:个人不会因为未被要求于他的事情而受到清算,团体不会因为未被要求于它的事情而受到清算,哈里发也不会因为未被要求于他的事情而受到清算。
This reality must be made clear to the Muslims so that they can distinguish, when making muhaasabah (accounting). Thus, the individual is not accounted for what was not required from him, and the group is not accounted for what is not required from it, and the Khaleefah is not accounted for what is not required from him.
伊斯兰教法(Shar'a)命令所有穆斯林履行命令行善、禁止作恶的义务,每个人依照自己的知识和能力去做。教法确立了穆斯林,无论是个人、团体还是统治者,都应承担此义务,并规定它在任何情况下都是必须履行的:无论是否存在伊斯兰国家,无论施行于穆斯林之上的统治是伊斯兰的统治还是异教(kufr)的统治,也无论统治者是正确地施行伊斯兰的法律,还是对其有所误用。
The Shar’a has ordered the Muslims (all of them) to undertake the obligation of enjoining the ma’roof and forbidding the munkar, each one according to his knowledge and ability. The Shar’a has ordered the establishment of this obligation via the Muslims - as individuals, groups and rulers - and made it obligatory under all circumstances, whether there is an Islamic State or not, and whether the ruling applied on the Muslims is the ruling of Islam or the ruling of kufr, and whether the ruler applied the rules of Islam properly or he misapplied them.
命令行善、禁止作恶,在使者ﷺ的时代、圣门弟子的时代、塔比along的时代以及随后的人们中都已存在。其律例将一直延续,直到末日来临。 Note: The source text contains a "" symbol in place of the Messenger's honorific; per the rules, it denotes the Prophet, so ﷺ is written after "使者".
Enjoining the ma’roof and forbidding the munkar existed in the days of the Messenger and the days of the Sahabah and the Tabi’een and those who followed them. Its rule shall remain existent until the coming of the Last Hour.
如果个人、团体或伊斯兰国发生某事,而这要求命人行善、禁人作恶,那么个人、团体和伊斯兰国都必须承担此责任,具体阐述如下。
If something happens from the individuals, groups and the Islamic State, which obliges enjoining the ma’roof and forbidding the munkar, then the individuals, groups and the Islamic State must undertake it, in accordance with the following elaboration.
穆斯林个人有责任去命人行善、禁人作恶,只要眼前发生的事情需要他这样做,并且各人依照自己所掌握的知识而行。因此,命人行善、禁人作恶便成为个人义务(fard ayn),穆斯林若不去履行,便是有罪的,放弃这一义务也不能得到任何开脱。所以,穆斯林在日常生活中,无论面对妻子、子女、亲属、邻居、顾客、熟人,还是所遇到的任何人,只要其中某人未尽本分或违抗命令,都需要给予他劝诫(naseeha)。既然有些罪过只有他自己知道,又怎能不是这样呢?
The Muslims, as individuals, are required to enjoin that which they are commanded with and forbid that which they are ordered to abstain from - if anything happens in front of them that necessitates that - according to the knowledge each individual has. Consequently, enjoining the ma’roof and forbidding the munkar becomes an individual obligation (fard ayn) for which the Muslim will be sinful if he did not undertake it, and he is not excused for abandoning it. Thus the Muslim, in his daily life with his wife, children, relatives, neighbours, customers, acquaintances or anyone else who they happen to meet; each one of such people needs be given the naseeha (advice) if he failed to do a duty or was disobedient. How can this not be the case when there are sins that only he may be aware of.
例如,在一次聚会中,只有他和犯罪者两人在场,有人当面犯下罪过。如果他没有劝诫,那么他就有罪;而其他人则无罪,因为此事并非在他们面前发生,他们也不知情。没有人能够代替他,在他的职责范围内,除他之外也无人能够承担这一责任。凡在他的职责范围内出现的每一桩恶行,除他之外,没有其他人负有责任。
Such as a sin committed in front of him at a sitting where no one else is present other than the one who committed the sin. If he did not advise him then he will be sinful, while others will not be sinful, because it did not take place in front of them and they have no knowledge of it. No one else can take his place, and in his sphere, nobody other than him can fill it. For every munkar that appears in his sphere, no one other than him is responsible.
当穆斯林在自身层面上遵行安拉所命令他的一切,即遵守了与他自身相关的善行(ma'roof),并远离了恶行(munkar),那么这位穆斯林就可以将与他自身相关的内容传达给他人。如果他是以知识和明确的理解来领受这些规定,那么他就应当以知识和明确的理解将其传达给他人。如果他是以穆贾塔比(muttabi',即依据证据来采纳观点的人)的方式领受,那么他就应当在这一层次上将其传达给他人;如果他是以阿姆米('aammi,即普通人)的方式通过taqleed(盲目遵从)领受,那么他的传达也只能是普通人的传达。如果他发现自己没有能力说服他人,那么他应当将此事转交给有能力说服他人的人,比如将对方引荐给他信任其思想与理解的学者、穆夫提或伊斯兰宣教(da'wah)的承载者。安拉 ﷻ 说:“信道的男人和信道的女人,互为盟友(awliya),他们劝善戒恶,谨守拜功。”(《古兰经》9:71)安拉 ﷻ 又说:“你们应当在虔敬和行善方面互相帮助,不要在罪恶和侵害方面互相帮助。”(《古兰经》5:2)先知 ﷺ 说:“即使只有一节经文,也要替我传达。”(布哈里辑录)先知 ﷺ 又说:“愿安拉使一个仆人容光焕发,他听到了我的话,理解了它,然后如他所听到的那样传达出去。有时,传达知识(Fiqh)的人并不是学者,而有时,他所传达的对象比他更能理解其中的含义。”(艾卜·达五德、提尔米兹、艾哈迈德辑录)如此,个人便履行了他作为个体所应尽的义务:遵行善行、远离恶行,以及劝善戒恶的责任。
When the Muslim, with respect to himself, adheres to everything he has been commanded by Allah ie he complied with the ma’roof that relates to him, and abstains from the munkar, then this Muslim can transmit to others what was in respect to him. If he took the rules with knowledge and clarity then he can transmit them to others with knowledge and clarity. If he took them as a muttabi’ (one who takes opinion with the evidence) then he will transmit them to others on that level, and if he took it as an ‘aammi (layman) through taqleed then his transmission will be that of an ‘aammi (layman). In case he finds he does not have the ability to convince others, then he should pass them onto someone who does have the ability to convince them, such as referring them to a scholar, mufti or one of the da’wah carriers whom he trusts regarding their thought and understanding. He said; “The believers, men and women, are awliya (helpers, protectors, friends) of one another, they enjoin the ma’roof and forbid the munkar and they establish the salah.” [TMQ 9:71]. And He said; “Help one another in al-Birr and Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression.” [TMQ 5:2]. The Messenger said; “Convey from me even if it is a single ayah.” [Reported by Bukhari]; and he said; “May Allah illuminate the face of a servant who heard my saying, understood it, then delivered it as he heard it. Perhaps the one who conveys the knowledge (Fiqh) is not a scholar, and perhaps the one to whom he conveys it understands it better than him.” [Reported by Abu Dawud, Tirmizi, Ahmad]. In this manner the individual has undertaken what was incumbent on him as an individual regarding the duty of complying with the ma’roof, and abstaining from the munkar, and of the duty of enjoining the ma’roof and forbidding the munkar.