6.5 马斯拉哈(公共利益)
6.5 Al-maslahah (the Interest)
maslahah(公益)是获取利益或排除伤害。它要么由理智决定,要么由沙里尔(Shar'a)决定。如果把决定权交给理智,人们将难以确定真正的利益,因为理智是有限的。理智无法涵盖人的本质和实际情况,因此不能判定什么对人有利,因为它无法把握实情,从而无法知道某事是有益还是有害。除了人的造物主之外,没有人能够领会人的实际情况。除了他的造物主——即安拉 ——之外,没有人能以某种确定的方式判定什么符合人的利益。诚然,人可以认为某事有益或有害,但他无法确定。因此,若任由理智基于推测来判定什么有益,就会导致危险,使人陷入困境。因为他可能认为某事有害,结果它却显示出有益,于是他便将益处拒之门外;他也可能认为某事有益,后来却显出有害,于是他自己给自己带来伤害。今天理智可能判定某事有害,明天却判定它有益;今天某事可能被判为有害,而昨天它还被判为有益。把这样(相互矛盾的)判断……
The maslahah is an acquisition of a benefit or repulsing of a harm. It is either decided by the mind, or by the Shar’a. If it is left to the mind to decide, then the people will find it difficult to determine the true interest, because the mind is limited. The mind is not able to encompass the essence of man and his reality, so it cannot decide what is an interest for him, because it cannot grasp the reality in order to know whether something is beneficial or harmful. Nobody can comprehend the reality of man except his Creator. No one can decide what is in man’s interest in a certain manner, except his Creator, who is Allah . Yes, it is possible for man to consider something as beneficial or harmful, but he cannot be definite. That is why leaving the mind to decide what is beneficial, based on speculation will lead to danger and to man’s peril. For he may think something is harmful and then it appears to be beneficial, hence he keeps the good away from himself. He may think something is beneficial, but later it appears to be harmful, and so he brings harm upon himself. Today the mind may judge upon something to be harmful, but tomorrow it judges upon it to be beneficial. Today something may be judged harmful, while yesterday it was judged beneficial. Giving such (contradictory)
"判决"是不被允许的。这一点恰恰是世俗制度所广为人知的特点。其人类立法者希望为民众带来福祉,但这些福祉出自他们自己的主张。我们不断看到他们持续改变和修订法律,直到制度的"发展"成为解决问题的必要条件。这是因为实际上,他们无法就事物与行为作出正确而终局的判断;一个正确且终局的判断。因此,他们指责那些制度不发展的人僵化、停滞。结果,我们看到穆斯林在这一方面受到异教徒的影响。他们为了捍卫自身和自己的宗教,又因为远未正确理解伊斯兰的本质,便不知不觉地向敌人靠拢,采纳了这种思维方式。
judgements is not allowed. This is something for which secular systems are well known. Their human legislators wish to bring good for the people, from themselves. We see them constantly changing and altering the laws until the development of the system becomes a requirement for solving problems. This is because in reality, they are not able to arrive at the correct judgement on things and actions; a judgement that is correct and final. That is why they accuse people whose system does not develop as being rigid and static. Consequently we see the Muslims being affected, in this aspect, by the Kuffar. In defence of their own selves and their deen, and because they are far away from correctly understanding the nature of Islam, we see them drifting towards their enemies by adopting this way of thinking.
造物主是唯一能够管理人类事务的主宰,他能够解决人类因其生理需求与本能而产生的问题,并使人以正确的方式满足这些需求。所需要的,是针对所要处理的实际情况给出正确的解决方案。既然人类的本质是固定不变的,那么对人类的解决方案也应当是恒定的,不应随之改变。人作为人,按照其原始天性,需要满足其对女性的倾向。既然男性与女性在其根本本质上不会改变,那么两性之间的关系,原则上也是恒定的。我们不能先制定一套规范男女关系的制度,过一段时间后又以“发展”为借口去修改这套制度,而他们的本质却并未改变,这是不可接受的。
The Creator is the only one Who can manage the affairs of man and solves the problems that arise from his organic needs and instincts, and enable him to satisfy them in a correct manner. What is required is the correct solution for the reality that is to be treated. Since the reality of human beings is fixed and does not change then his solutions should be constant and not change. The man, as a man according to his original nature, needs to satisfy his inclination towards women. Since men and women in their essential reality do not change, then the relationship, in principle, is constant. It is not acceptable that we set down a system to define the relationship of a man with a woman, and then go back and change the system after a certain period of time under the pretext of development, even though their realities have not changed.
酒作为一种实物,本身并没有改变,那为什么它的裁决会改变呢?
Alcohol, as a reality, is the same and has not changed. So what is the reason for changing its rule?
赌博作为一种事实,本质是相同的,并不会改变。那么,为什么要不断地改变它的裁决呢?类似的例子还有很多,远不止这些。
Gambling, as a reality, is the same and does not change. So what is the reason to change its rule all the time? And there are many more examples than these.
因此,“发展”、“灵活性”和“现代化”正是人造制度的特征,它们并不能引向真理。这些制度将持续处于变化的进程之中,这恰恰表明人类无力引导自己走向正确的制度。这种变化的进程正体现了他们的无能,但他们却用“进化”这样动听的词语来掩饰。正是基于这一立场,必须拒绝那些自称出自沙里尔法(Shar'a)的人所提出的原则:“律例随时间和地点的变化而变化,这是不容否认的。”事实上,应当拒绝这一原则。
That is why “development”, “flexibility” and “modernisation” are features of man-made systems, which do not lead to the truth. They will continue in a process of change, which expresses man’s inability to guide himself to the correct system. This process of changing expresses their inability, but they use beautiful words such as “evolution”. It is from this standpoint that one must reject the principle that people claim to be from the Shar’a: ‘It is not renounced that rules change according to the change of the time and place.’ Rather, one should reject this principle.
因此,安拉 对某一事件的裁定是唯一的,不可能有多个。如果其实际情况发生变化,那么裁定也随之按照实际情况的变化而改变。例如,葡萄适用允许的裁定;但当它的实际情况改变、变成酒时,裁定随之改变,变为禁止。当酒变成醋时,它又需要另一种裁定,这同样是允许。因此,时间和地点不在考虑之列。某事物不会在某地被禁止而在另一地被允许,也不会在某个时期被允许而在另一时期被禁止。时间和地点对沙里尔(Shar'ee)的裁定没有影响。
Therefore, the hukm of Allah on a single issue is one and cannot be more than one. If its reality changes, then the hukm changes according to the change of the reality. Thus, grapes take the rule of permissibility, but when its reality changes and it becomes alcohol, then the ruling changes and it becomes prohibited.When the alcohol changes to vinegar, then it needs another rule, which is also one of permissibility. Hence there is no consideration for the time and place. Thus something is not prohibited in one place, and allowed in another; neither is something allowed in one time and prohibited in another. Time and place have no effect on the Shar’ee rule.
伊斯兰教法包含了对所有已往事件、当前问题以及可能发生之事的裁定。任何事件发生、任何问题出现、任何事情发生,都有对应的裁定。伊斯兰教法以完整而全面的方式涵盖了人类的一切行为。他ﷺ说:
The Islamic Sharee’ah contains the rules for all past incidents, all the current problems and the incidents that may occur. No incident happens, no problem occurs and no event takes place without there being a rule for it. The Islamic Sharee’ah has encompassed all the actions of human beings in a complete and comprehensive manner. He said:
“并且我已将这部经典(《古兰经》)降示给你,作为对万事的阐明(tibyaan)”
“And We have sent down to you the Book (the Qur’an) as an exposition (tibyaan)
“……的一切。”[《古兰经》16:89]。因此,伊斯兰教法要么提出关于该行为或事物的《古兰经》和圣训证据,要么给出其立法的神圣理由。这就需要提及经文所指明的“伊莱”(‘illah),即法定的“伊莱”(‘illah shar'iyyah,沙尔仪理由),而非理性的“伊莱”(‘illah 'aqliyyah,理性理由)。在此,我们需要厘清理性类比与沙尔仪类比之间的区别。
of everything.” [TMQ 16:89]. So the Sharee’ah either presents an evidence from the Qur’an and hadith regarding the action or thing, or gives the divine reason for its legislation. This requires the mention of an ‘illah, indicated by the text, ie the ‘illah shar’iyyah (Shar’ee reason) and not ‘illah ‘aqliyyah (rational reason). Here we need to clarify the difference between the rational analogy and the Shar’ee analogy.