6.4 理解沙里亚的规则
6.4 The Rules Of Understanding The Shar’a
在该团体确定了获取沙里亚(Shar'a)的来源之后,它必须进一步理解应当如何运用这些来源并从中采纳律例。换言之,它必须转向理解各项原则(qawaa'id),通过研习这些原则,人们便能从其来源中推导出各项律例(ahkaam)。毫无疑问,学者在采纳某项沙里亚律例时,心中必定有他据以确定该律例的乌苏勒(Usul)原则。任何学问都有其乌苏勒,无论它是否已被写成文字。
After the group has established the sources from which it will obtain the Shar’a, it must move onto understanding how it should use and adopt from them. In other words, it must move towards understanding the principles (qawaa’id) by whose study one can make deduction of ahkaam from their sources. There is no doubt that when the scholar puts his mind to adopting a Shar’ee rule, he would have in his mind the principles of Usul on which he bases the hukm he adopts. There is no knowledge that does not have an Usul, whether that has been written or not.
经文中有“‘aamm”(普遍性的)与“khaas”(特定性的);“mujmal”(概括的)与“mufassal”(详细的);“mutlaq”(绝对的)。
The Shar’ee texts contain the ‘aamm (general) and the khaas (specific); the mujmal (unelaborated) and the mufassal (elaborated); mutlaq (absolute)
以及"muqayyad"(受限定的);"awamir"(命令)与"nawahi"(禁令);"naasikh"(废止者)与"mansukh"(被废止者);"mafhum al-muwaafaqah"(同向含义)与"mafhum al-mukhaalafah"(反向含义);"mantuq"(字面含义)、"mafhum"(隐含含义)与"ma'qul"(理性含义)
and the muqayyad (restricted); awamir (orders) and nawahi (prohibitions); the naasikh (abrogator) and the mansukh (abrogated); mafhum al-muwaafaqah (conformable meaning) and mafhum al-mukhaalafah (opposite meaning); the mantuq (wording), mafhum (implicit meaning) and ma’qul (rationale)
……的文本;孤证之报(khabar al-wahid,即独传之圣训)及其何时可作为证据、何时不可作为证据,以及此外的诸多问题。该群体必须阐明其教法原则,采纳这些原则,并将其呈现给他人。
of the text; the khabar al-wahid (solitary report) and when it can be used as proof and when it cannot be used as proof and many things besides these. The group must set out its juristic principle, adopt them, and present them to others.
这些被提及的usul(教法根本原理)原则大多存在分歧,这是众所周知的。每一条原则之下又派生出许多分支。既然它们存在争议,就必须使其脱离争议的状态。做法是:由群体采纳其认为正确的那一种。采纳了usul的原则之后,各分支便依照这些原则来理解。
Most of these principles of Usul that have been mentioned are disputed over. It is well known that each principle has many branches emanating from it. Since they are disputed, they must be taken away from being of disputed status. This is done by the group adopting what it views as correct. After the adoption of the principles of Usul, the branches are understood according to these principles.
在掌握了《usul》(法理学)及其原则之后,该群体便具备了从其来源理解沙里亚(Shar'a)的能力。此后,它别无选择,只能遵循既定且为人所知的伊吉提哈德(Ijtihaad)方法。这正是该群体必须区别于其他群体的地方。该群体必须以此培养其青年(shabab),并将其带给民众。
After gaining knowledge of the Usul and its principles, the group will have acquired the ability to understand the Shar’a from its sources. After that it has no option but to follow the fixed and known method of Ijtihaad. This is what must distinguish the group from others. This is what the group must take to the people by culturing its shabab with it.
这是该团体必须建立其上的第一件事。
This is the first thing that the group must be established upon.
诚然,穆哲泰希德(Mujtahid)的工作就像医生的工作。医生首先要做的,是倾听病人的诉说,并描述其病情。
Indeed, the work of the Mujtahid is like the work of the doctor. The first thing he does is to listen to the patient and describe his condition.
然后,他会诊断潜在的根本病因,而不是被疾病的表面症状所干扰,病人所抱怨的正是这些症状。接着,他会回想在求学时期所获得的知识。之后,他可能会查阅有助于开出治疗方案的书籍。随后,他给出解决办法,即在本例中是药物。换言之,他在描述解决方案时,会回归到文本之中。
Then he diagnoses the fundamental illness, which the patient complains of, after distancing himself from being distracted by the symptoms of the illness. Then he refers to the knowledge that he gained in his days of study. He may then review the books that help him to prescribe the treatment. After that he gives the solution, in this case the medicine. In other words, he goes to the texts in describing the solution.
如果那个要求变革并承担变革责任的团体是伊斯兰团体,那么它的变革工作也必须是伊斯兰的。变革应当以沙里尔的证据为基础,而不是基于个人意见、私欲、理性所认定的利益、现实状况或环境。恰恰相反,应当是沙里尔决定该团体的沙里尔律例(hukm Shar'ee)。对伊斯兰的热爱,或对穆斯林境况的关切,本身并不为该团体规定任何律例。穆斯林的利益由沙里尔来界定,因为是沙里尔界定了穆斯林的利益。在此,有必要详细阐明伊斯兰对马斯拉哈(利益)的观点,以及沙里尔在何种情况下承认某种利益。
If the group that wants change and undertakes the responsibility of change is an Islamic group, its work for change must be Islamic. The change should be based on the Shar’ee evidence, and not on personal opinion, whims, rationally perceived interest, the reality or the circumstances. Rather, it must be the Shar’a that dictates the hukm Shar’ee to the group. The love of Islam or the concern for the circumstances of the Muslims, do not in themselves dictate any rules to the group. The interests of the Muslims are defined by the Shar’a, because the Shar’a defined the interests of the Muslims. Here, it becomes necessary to go into some details that clarify Islam’s viewpoint towards maslahah (the benefit) and when benefit is recognised by the Shar’a.