2.12 统治者的会计问责
2.12 Accounting The Rulers
沙里阿(Shar'a)是真主 所启示并阐明的,它并非仅仅停留在清晰的思想层面,立法者希望它成为切实可见的现实。因此,真主 启示了具体的实践性律例,其目的在于保全沙里阿在现实中的存在,并禁止沙里阿所禁止的事物,而实现这一目的的途径便是国家。于是,真主 命令建立国家以保护沙里阿。真主 为统治者制定了律法;祂命令并禁止他,责成他建立宗教并守护它。祂命令乌玛服从他,并在他有所疏忽时追究其责任。祂要求乌玛无论是作为个人还是作为团体,都要履行这一责任。安拉的使者 说:"殉道者的领袖是哈姆扎,还有一个人,他站出来向暴君统治者劝善戒恶,结果被杀。"[由哈基姆辑录] 他 又说:"最好的圣战是向暴君统治者说出真理的话语。"[由伊本·马哲和奈萨仪辑录] 他 还说:"不然!指真主发誓,你们必须command行善、戒止作恶,并握住暴君的手,迫使他遵循真理,并约束他不得偏离真理。"[由艾布·达乌德和提尔米济辑录] 除了那些拥有力量和权势的人,即一个群体或团体之外,没有人能够迫使不义的统治者遵循真理并约束他不偏离真理,因为个人无法做到这一点。
The Shar’a, which Allah revealed and expounded, was not left as just clear thoughts, rather the legislator wanted it to be a tangible reality. Thus, He revealed practical rules whose purpose was to preserve its existence in the reality, and prohibit what the Shar’a prohibits, and the method for that is the State. Thus, He ordered its establishment to protect the Shar’a. Allah put laws for the ruler; He ordered him and forbade and commanded him to establish the deen and guard over it. He ordered the Ummah to obey him in this and account him if he was neglectful. He demanded this from the Ummah, as individuals and parties. The Rasool of Allah said; “The master of martyrs is Hamza, and a man who stood up to a tyrant ruler to enjoin him (with the good) and forbid him (of the evil) and got killed.” [Reported by al-Haakim]. He said; “The best Jihaad is the word of truth spoken to a tyrant ruler.” [Reported by Ibn Maajah and Nasa’i]. He also said; “Nay, by Allah, you have to enjoin the ma’roof and forbid the munkar, and hold at the hand of the tyrant, and force him on the truth and restrict him to the truth.” [Reported by Abu Dawud and Tirmizi]. Nobody can force the unjust ruler on the truth and restrict him to it, except those who have might and power, ie a group or party because individuals are not able to do this.
早期的圣门弟子和法学家们都明白,伊斯兰国家是实现这一点的根本前提:通过它的存在,律法得以施行;而一旦它失去,律法也随之消失。阿布·伯克尔(愿安拉喜悦他)被问到根本之事(伊斯兰)"它将如何延续?"时,他回答说:"只要统治者走在正道上。"伊本·泰米叶伊斯兰教长在引述法都勒传自伊亚德和艾哈迈德·伊本·罕百勒的话时提到:"如果有一个安拉必定应允的祈祷,我们必定会为统治者(苏丹)而作此祈祷。"伊斯兰是为全人类而设的宗教,其中蕴含着善。
The Sahabah and the Fuqahaa (jurists) in the past knew that the Islamic State was the essential prerequisite for that; through its existence the rules are applied and through its loss the rules disappear. Abu Bakr (may Allah be pleased with him), when he was asked about the fundamental matter (Islam); “How will it continue?” He said; “As long as the leaders are on the correct path.” Shaykh ul Islam Ibn Taymiyyah mentioned on the authority of al-Fadeel from ‘Iyaad and Ahmad b. Hanbal; “If there was a du’a (call) that Allah would accept, then we would have made it for the ruler (sultan).” Islam is a deen for all people, which contains within it the khayr (good)
它面向全人类,而不只针对某一个民族而排斥另一个民族。它的信仰是普世的,它的制度也是普世的。它还包含一种向世界传达的方法,即通过一个实行伊斯兰并将其传向世界的国家来实现。而伊斯兰国家本身,众所周知,必须存在,才能承担它所负有的责任。那么它的任务是什么?如果国家不存在,谁来建立它呢?
for the whole of mankind, and not just for one people to the exclusion of another. Its creed is universal and so is its system. It also contains a method for conveying it to the world, through the presence of a State that applies Islam and conveys it to the world. The Islamic State, in turn, is known that it must exist, so that it can undertake what is incumbent on it. So what is its task? Who will establish the State if it does not exist?
谁来纠正它的方向,如果它偏离了的话?
Who will correct its course, if it deviated?
根据真主 所托付的职责,国家的任务是建立整个伊斯兰教法(deen)。因此,国家负有责任来实施伊斯兰教法,无论是个人性的规定还是集体性的规定,无论是个人义务还是集体(足够性)义务。它负有建立伊斯兰教法的责任,也就是实际地确立善行(ma'roof)并消除恶行(munkar)。因此,如果穆斯林不礼拜,国家将命令他礼拜,否则他将受到惩罚。同样,如果他不缴纳天课、不朝觐或不封斋,所有这些个人义务及其类似事项,国家有义务监督其履行情况,并追究那些疏忽者的责任。这同样适用于集体义务。如果国家不保障乌玛所需的一切利益,例如提供医药、工程、教育及其他需要管理、协调和分配职责才能存在的事务;如果那些须由乌玛分担其存在的义务,如圣战(Jihaad)和独立思考(Ijtihaad),而立法者托付哈里发负责建立这些义务并命令他这样做;如果他在这些事务上有所疏忽,乌玛必须追究他的责任,并迫使他加以处理。立法者在此方面已确定了明确的规则。真主 禁止穆斯林反抗哈里发,除非他公开显露明显的不信(kufr)。
As for the task entrusted to it by Allah , it is the establishment of the whole deen. Thus the State is responsible for the application of the deen, whether the individual rules or the collective rules, whether the individual obligations or the collective (sufficiency) ones. It is responsible for establishing the deen, ie establishing the ma’roof and removing the munkar practically. Thus, if the Muslim does not pray, the State will order him to pray, otherwise he will be punished. Similarly, if he does not pay Zakah, make Hajj or fast, all of such individual obligations and their likes, the State is obliged to guard over their presence and account those neglecting them. This also applies to the collective obligations. If the State does not secure all the interests which the Ummah require in terms of providing medicine, engineering, education and others, whose existence requires management, coordination and distribution of assignments; if the obligations whose existence is divided among the Ummah, such as Jihaad and Ijtihaad, the establishment of which the Lawgiver entrusted and commanded the Khaleefah with; if there is any negligence from his side in these matters, the Ummah must account him on that and force him to address it. The Lawgiver has determined precise rules in this regard. He prohibited the Muslims to rebel against the Khaleefah, except in case he displayed the bawah (open) kufr.
在伊斯兰国家中,一项根本原则是:统治者依照沙里亚的规定,负责管理民众的事务。依据沙里亚,他有责任制止munkaraat,无论它们来自个人还是群体。因此,先知ﷺ说:"伊玛目是牧人,只有他对所管辖的民众负有责任。"[一致公认的圣训]安拉𝔊委托他责成人们,无论是个人还是群体,履行安拉𝔊所规定的一切义务。当某件事的履行需要强制手段时,他有义务使用强制。同样,安拉𝔊也责成他阻止人们犯禁律,如果阻止他们犯禁需要使用强制手段,他同样有义务使用强制。因此,原则上国家以手改变并消除munkar,即以强制的方式。这是因为依据沙里亚,国家负有实施伊斯兰教法、强迫民众遵守其规定的责任。
It is fundamental in the Islamic State that the ruler is the guardian over the affairs of people with Shar’a rules. According to the Shar’a, he is responsible for preventing the munkaraat, whether they occur from individuals or groups. Thus, the Messenger said; “The Imaam is a Shepherd and (only) he is responsible for the citizens.” [Agreed upon]. Allah charged him with the responsibility of forcing people, whether individuals or groups, to undertake all the obligations which have been ordained by Allah .When a certain matter requires force for its performance, he is obliged to use force. Similarly, Allah has obliged him to prevent people from committing haraam, and if such a matter requires the use of force to prevent them from committing the haraam, he is obliged to use force. Thus, in principle the State changes the munkar and removes it with the hand ie force. This is because according to the Shar’a, it is responsible for the implementation of Islam and compelling the people to abide by its rules.
然而,如果统治者做出了munkar(恶行),例如施行不公、以虚假手段侵占他人财富、克扣民众的权利、疏于处理公民事务、未尽其应尽的义务、违背伊斯兰教的某条律法,或其他类似的munkar,那么所有穆斯林都有义务去质问他、拒斥他所做的munkar,并以个人和团体的方式努力促使他改正;否则,如果他们保持沉默、任由munkar存在而不加改变,就会因此而犯罪。
However, if the ruler commits a munkar - such as committing injustice, appropriating the wealth of others through false means, withholding people’s rights, neglecting the affairs of citizens, failing to do an obligation, contradicting one of the rules of Islam or any other such munkar - it is an obligation on all the Muslims to account him and reject the munkar he did, and work as individuals and groups to make him change it; otherwise they would be sinful if they remained silent and left the munkar without changing it.
禁止恶行(munkar),并在他人作恶时加以改正,属于用舌头进行劝诫。这是因为穆斯林(Muslim)所载,乌姆·赛莱麦(Umm Salamah)的传述:安拉的使者ﷺ说道:
Forbidding the munkar and changing it when he commits a munkar is via accounting with the tongue. This is due to what Muslim narrated from Umm Salamah that the Rasool of Allah said:
“将会有埃米尔被任命来管理你们,你们会看到他们既做善事,也做恶事。憎恶他们恶行的人便免于责备,不认可他们恶行的人也得以安全,但是赞同并追随的人必遭毁灭。”伊本·麦斯欧德还传述:安拉的使者ﷺ说:
“Ameers will be appointed over you, and you will find them doing good deeds as well as bad deeds. The one who hates their bad deeds is absolved from blame, the one who disapproves of their bad deeds is also safe, but the one who approves and follows is doomed.” Ibn Mas’ud also narrated that the Rasool of Allah said:
“不,以安拉发誓,你们必须劝人行善、禁止作恶,拉住暴君的手,迫使他遵循真理,并约束他服从真理。”另一则传述中说:
“Nay, by Allah, you have to enjoin the ma’roof and forbid the munkar, and hold the hand of the tyrant, and force him on the truth and to constrain him to the truth.” in another narration it says:
“或者安拉会使你们中一些人的心相互敌对,然后祂会像诅咒他们那样诅咒你们。”[艾布·达五德辑录]。同样,安拉的使者ﷺ将在暴君面前说真话定为最好的圣战。当有人问他:"哪种圣战最好?"时,他回答说:
“Or Allah will strike the hearts of some of you against others, then He will curse you as He cursed them.” [Reported by Abu Dawud]. Similarly, the Rasool of Allah made speaking the truth before a tyrant ruler the best Jihaad, when he answered the man who asked him; “Which Jihaad is the best?” He said:
“最大的圣战是在暴君面前说出真理之言。”[由伊本·马哲和奈萨仪记录]。这也与那些禁止武力反抗统治者的圣训相关,唯有一种情况是例外:即统治者公开显露明显的kufr(不信)——对此有来自安拉的确凿证据,证明这是毫无疑问的明显不信。也就是当他依据明显的不信之法统治,抛弃了安拉所降示的律法时。据‘Awf b. Maalik al-Ashja’i 记载,他听到安拉的使者ﷺ说:“你们最好的领袖,是你们爱戴他、他也爱戴你们,你们为他祈祷、他也为你们祈祷的人;你们最差的领袖,是你们憎恨他、他也憎恨你们,你们诅咒他、他也诅咒你们的人。”我们问道:“安拉的使者啊,我们难道不应起来反对他们吗?”他说:“不,只要他们仍在你们中间坚持拜功。”[由穆斯林记录]。
“The best Jihaad is the word of truth spoken to a tyrant ruler.” [Reported by Ibn Maajah and Nasa’i]. This is also due to the ahadith which prohibit rebellion against him by taking up arms, except in one case which is the exception to that; it is when he displays open kufr (kufr bawah) that has a proof from Allah that it is a flagrant kufr in which there is no doubt. That is when he rules with rules of clear kufr and abandons the ruling by what Allah has revealed. It is narrated by ‘Awf b. Maalik al-Ashja’i that he heard the Rasool of Allah saying; “The best of your Imams are those whom you love and they love you and who you pray for and they pray for you, and the worst of your Imams are those whom you hate and they hate you and you curse them and they curse you.” We asked: “O Rasool of Allah shall we not then challenge them?” He said: “No, as long as they continue to establish prayer among you.” [Reported by Muslim].
“establishing the prayer” 指的是以伊斯兰教法统治,即施行沙里亚的律例,这是以部分代指整体的修辞手法(bab tasmiyat al-kull bismil juz’a)。 乌姆·赛俩麦传述:安拉的使者ﷺ说:“将有统治者管理你们,你们会看到他们有行善的,也有作恶的。憎恶其恶行的人便免于罪责;反对其恶行的人也得以安全;但认可并追随的人则将遭毁灭。”众人问道:“我们不应与他们作战吗?”他ﷺ说:“不,只要他们还礼拜。”(穆斯林辑录) 奥巴德·本·沙米特传述:安拉的使者ﷺ召唤我们,我们便向他宣誓效忠:无论顺境逆境、容易或艰难、以及即使对我们自己不利,都听从并服从;不与执政者争夺权力,除非我们目睹了明显的背教(Kufr),并且对此有安拉所给予的确凿证据;并且无论何时都要说真话,在安拉的道路上不畏惧任何人的责难。(穆斯林辑录) 对这些圣训的理解是:它们禁止以武力反抗统治者,除非统治者以明显的背教律例进行统治,而对此我们有来自安拉的证据,证明这是毫无疑问的明显背教。
What is meant by establishing the prayer is ruling by Islam, ie applying the rules of the Shar’a, by indicating the whole through naming the part (bab tasmiyat al-kull bismil juz’a). Umm Salamah narrated that the Rasool of Allah said; “Ameers will be appointed over you, and you will find them doing good deeds as well as bad deeds. The one who hates their bad deeds is absolved from blame, the one who disapproves of their bad deeds is also safe, but the one who approves and follows is doomed.” They said: “Should we not fight them?” He said: “No as long as they pray.” [Reported by Muslim]. ‘Ubadah b. as-Samit said; “The Rasool of Allah invited us so we pledged our Bai’ah to him to hear and obey in weal and woe, in ease and in hardship and in preference over ourselves; that we would not dispute with the people in authority, unless we witness flagrant Kufr of which we have a conclusive proof from Allah. And that we would speak the truth in all circumstances, fearing the blame of nobody in the path of Allah.” [Reported by Muslim] The understanding of these ahadith is that they forbid rebellion against the ruler by the use of arms, except when he rules with the rules of clear kufr for which we have proof from Allah that this is a flagrant kufr in which there is no doubt.
这些都是指穆斯林统治者在位、却未能履行其职责的情形;或者指统治者以明显的kufr(否认真主、不信)进行统治,哪怕只是一条律例。在这种情形下,乌玛的个人与群体都有义务站出来阻止他,甚至可以使用武力。
All of this is when the Muslim ruler is present and then he fails to do his duty. Or when there is a situation where he rules by clear kufr - even if it is one rule. In such a situation, the Ummah as individuals and groups are obliged to stand in his way and prevent him even by the use of arms.
那么,当不存在穆斯林统治者、也没有伊斯兰之地(Dar al-Islam)的情况又当如何呢?那么,统治者所承担的一切职责自然会被搁置,腐败与恶行将普遍蔓延;不良的道德将变得常见,败坏的关系也会滋生;“munkaraat”(恶行)将不断增多并扩散,“maroof”(善行)则会减少、消退。穆斯林将变得软弱,地位日益低落,权力逐渐衰微。他们就如同没有咬合之牙、没有利爪的狮子。他们将成为有形无实的图画;既不像进食的图画能够填饱肚腹,也不像狮子的图画能够令人畏惧。
So what about the situation when there is no Muslim ruler in the first place, and there is no dar al-Islam? It is natural then that all the rules entrusted with the ruler will be suspended, and corruption and vice will become widespread; bad morals will become common, and corrupt relationships would emerge; the munkaraat would increase and spread, and the maroof would decrease and diminish. The Muslims will become weak, their standing would diminish and their power would wane. They will be like the lion without biting teeth or claws. They will become a picture without a reality; and neither the picture of eating fills a stomach, neither does the picture of the lion terrify.
在这种情形下——也就是今天的状况——乌玛应当设立一位哈里发,由他依照真主所降示的律法进行统治,因为他的存在是法定的义务。但是,谁来承担建立哈里发的责任,又该如何去做呢?这里便引出了设立伊斯兰团体的义务问题,这些团体的工作是劝人行善、禁止作恶。
In such a situation - which is the situation today - the Ummah should establish a Khaleefah who will rule by what Allah has revealed, because his presence is fard, but who will undertake the responsibility of establishing the Khaleefah and how would this be done? Here comes the discussion of the obligation of having Islamic groups whose work is to enjoin the ma’roof and forbid the munkar.