6.3 伊斯兰教法的渊源
6.3 Sources Of The Shar’a
每一条规则都必须出自正确的依据,因此这一依据须经过研究,并使人确信无疑之后才可采纳。众所周知,伊斯兰立法的主要依据是《古兰经》和逊奈,对此并无分歧。至于由此衍生出的依据——公议(Ijmaa’)、类比(Qiyas)、善裁(Istihsan)、从众(Mazhab as-Sahabi,即遵从圣门弟子的见解)以及先前律法(Shar’a man Qablena,即我们之前的律法)——则对其中每一项都存在分歧。考察该团体对何者构成证据的看法,即可洞察其在采纳律法依据方面的做法。
Since every rule must come from a correct source, the source must be adopted after study and becoming definitely convinced of it. It is well known that the principal sources of Islamic legislation are the Book and the Sunnah, over which there is no disagreement. As for the resultant sources – Ijmaa’ (consensus), Qiyas (analogy), Istihsan (juristic preference), Mazhab as-Sahabi (following the opinion of the Sahabah), and Shar’a man Qablena (the Shar’a of those before us) - there is disagreement over all of these. Examining the group’s view of what constitutes an evidence gives an insight into its approach in adopting from the Shar’a.
众所周知,由此推导出的各类渊源是否可以采纳,取决于确凿的证据。因此,要确凿地证明它们可以作为沙里尔证据的来源而被依赖,这一证明必须来自《古兰经》和逊奈。换言之,这两大渊源必须以确定无疑的方式指明某一特定渊源可以被采纳。仅凭盲目遵从(taqleed)来采纳沙里尔渊源是不够的。这些属于根本性的事项(kulliyaat),因此必须是确定的,而我们知道盲目遵从无法带来确信。
It is well known that the adoption of the resultant sources depends on definite evidences. Hence, something that decisively proves that they can be depended upon as sources of Shar’ee evidences, must come from the Qur’an and Sunnah. In other words, the two main sources have indicated in a decisive manner the adoption of a particular source. It is not enough to take the Shar’ee sources by Taqleed (imitation). They are from amongst the fundamental things (kulliyaat), and therefore they must be definite, and we know that Taqleed does not lead to certainty.
当立法的来源已经确定时,我们便知道群体可以从哪些源泉汲取,又不可以从哪些源泉汲取。界定来源至关重要,因为来源中任何一处的失误,都会导致出自该来源的所有律例出现错误。界定伊斯兰法(Shar'ee)的来源,应当先于推导与群体行为相关的伊斯兰律例。一个群体若在尚未采纳伊斯兰法来源的情况下便去传承伊斯兰的讯息,是不可接受的。
When the sources of legislation have been determined, then we know the springs from which the group can drink and from which ones it cannot. Defining the sources is of utmost importance, because a single mistake in any one of the sources will lead to mistakes in all the rules coming from that source. Defining the Shar’ee sources should precede the deduction of the Shar’ee rules that are related to the actions of the group. It is unacceptable for a group to carry the message of Islam without first adopting the Shar’ee sources.
同样不可接受的是,认为应当采纳所有由此产生的来源,以为这样会带来许多益处。这只会使群体兼收并蓄、良莠不分,并导致群体让沙里亚服从于现实、理智、欲望、情感或利益。
It is also not acceptable that all of the resultant sources should be adopted, thinking that this will bring a lot of good. This would rather make the group take the good and the bad, and would lead the group to subjugate the Shar’a to the reality, the mind, desires, emotions or interests.
在这种情况下,经据只会被用来服务于这些目的,而沙里尔(Shar'a)所要求的却恰恰相反。
In this situation, the Daleel will be used only to serve these aims whilst it is the opposite that is demanded by the Shar’a.
原则上,群体应当先确立其所依据的源头,然后再对改变现实发表意见。它不应受现实情况对其源头的影响,而应只受经文及其明确指示的影响,以此来确立或否定这些源头。此外,群体为自己所确立的源头,将成为其"乌苏勒"(Usul),但并不强制他人遵守。相反,群体会与他人讨论自己的观点,以证据和说服的方式使其信服,尤其是对其认为属于确定性的内容。如果群体认为自己的源头对他人具有约束力,那只会给自己和他人都带来困难。
In principle, the group should set down its sources before giving its opinion on changing the reality. It should not be affected by the reality regarding its sources; rather it should only be affected by the texts and their definite indications, in relation to establishing and disproving the sources. Moreover, the sources that the group establishes for itself will be its Usul without obliging others to abide by them. Rather the group will discuss its opinion with others to convince them through proof and persuasion; especially what it regards as being definite. If the group considered its sources to be binding on others it would create difficulty for itself and for them.