《古兰经》本身宣告，它的降示是为了改善人类的境况。伊斯兰教并没有抹去所有前伊斯兰时期的习俗和做法，而是除去了其中一切败坏之处，废止了所有对社会有害的习俗。因此，伊斯兰教法禁止利息，因为利息不公平地利用了社会中处境较差的成员；禁止通奸，因为通奸剥削妇女并破坏家庭纽带；禁止饮酒，因为酒对个人和整个社会的身体、心理和精神都造成损害。商业行为得到了改革：以双方自愿同意作为交易的基础，并禁止一切欺诈性的商业交易。婚姻的既有制度也得到了整顿：确认某些形式，禁止另一些实际上属于通奸或与通奸相近的形式。离婚的依据同样得到承认，但离婚的宣告受到限制。

The Qur’aan itself announces that it was revealed to reform human conditions. Islaam did not erase all pre-Islamic customs and practices. Instead, it removed every facet of corruption and cancelled all customs which were harmful to the society. Consequently, Islamic legislation forbade interest because it takes unfair advantage of the less fortunate members of society; fornication was forbidden due to its exploitation of women and the destruction of family bonds; and alcohol was prohibited because of the physical, psychological and spiritual damage which it inflicts on both the individual and society as a whole. Trade practices were reformed by making the basis of trade mutual consent, and by disallowing all deceptive business transactions. The existing system of marriage was organized by confirming certain forms and prohibiting others which were, in fact, fornication of something close to it. The basis of divorce was also recognized, but its pronouncements were limited.

因为伊斯兰教的到来并不是为了摧毁人类的文明、道德和习俗，然后在其废墟上建立一种拥有新道德和新习俗的新文明；它是从人类福祉的角度审视一切事物：有害的被去除，有益的则被确认。

Because Islaam did not come to destroy human civilization, morals and customs, in order to build on it a new civilization with new morals and customs, it looked at everything from the perspective of human welfare; what was harmful was removed and what was beneficial was confirmed.

安拉在《古兰经》中说：

Allaah says in the Qur’aan:

伊斯兰本质上是一种建设性的体系，而非破坏性的体系，因为它的目标是改革，而不仅仅是控制与统治。不过需要指出的是，伊斯兰对某些阿拉伯习俗的确认，并不意味着它是从其他来源获取其律法与原则的，也不意味着它所确认的那些习俗不属于天启律法的一部分。凡是伊斯兰所确认的，都被视为天道律法不可分割的组成部分，理由如下：a）其中一些习俗是从更早的世代继承而来的，而那些世代都曾有先知被派遣。一个很好的例子是朝觐（Hajj），它是由先知易卜拉欣和易斯玛仪所确立的。

Islaam is fundamentally system of building and not one of destruction as its goal is reformation and not merely control and government. It should be noted, however, that Islaam’s confirmation of some Arab customs does not mean that it has taken its laws and principles from other sources, nor does it mean that those practices which it confirmed are not a part of divine law. Whatever Islaam confirmed is considered an integral part of the divine code for the following reasons: a) Some of the practices were inherited from earlier generations to which prophets had been sent. A good example of this is Hajj which was instituted by prophet Abraham and Ishmael.

b) 伊斯兰的原则并不与人类的理性相矛盾，也并非不可理解。相反，它们使人类的智识摆脱了非理性的束缚。因此，伊斯兰承认人类智识活动所取得的有益成果。

b) Islamic principles do not contradict human reason nor are they unintelligible. Instead they free the human intellect from irrationality. Consequently, they recognize the useful results of human intellectual activity.

c) 如果这些已确立的做法并不存在，伊斯兰教也会因人类对它们的现实需要而将其设立。

c) If the confirmed practices were not present, Islaam would have instituted them due to the existing human need for them.

然而，被确认保留的习俗在数量上相当少，远少于被废除的那些。而且，即便是被确认保留的制度，其现有形式也并未原样保留，只有其根基未被触动。26 为了使伊斯兰立法实现其改革的目标，它颁布了一系列法律上的命令与禁令，这些构成了规范伊斯兰社会制度的行为准则。然而，在制定法律时，古兰经的启示考虑了以下四项基本原则：

Nevertheless, the number of confirmed practices were, in fact, quite few in proportion to the many which were cancelled. And, further-more, even the title that was confirmed was not kept in its existing form. Only its foundation remained untouched.26 In order for Islamic legislation to achieve its goal of reformation, it has enacted a series of legal commandments and prohibitions, which make up the rules of conduct governing the social system of Islaam. However in the enactment of laws, the Qur’anic revelations have taken into consideration the following four basic principles:

伊斯兰教的制度是为人类的利益而降示的。它在生活的各个方面为人类提供指引，以确保他过上正直的生活，并置身于一个致力于侍奉真主的公正社会之中。伊斯兰的律法并非用来作为负担、为人制造困难以使其在灵性上成长，正如某些制度所声称的那样。它们的设计旨在促进人类个人与社会的各种需要。

The system of Islaam has been revealed for man’s benefit. It provides him with guidance in all walks of life in order to ensure for him a righteous lifestyle within a just society committed to the service of God. Islamic laws are not meant to be a burden, creating difficulties for man in order for him to grow spiritually, as some systems may claim, They are designed to facilitate mankind’s individual and societal needs.

因此,伊斯兰教所依据的支柱之一,就是在可能的情况下消除不必要的困难。

As such, among the pillars on which Islaam is based is the removal of unnecessary difficulties wherever possible.

有大量证据表明伊斯兰教法以消除困难为基本理念，这在整部《古兰经》中都有体现。以下经文只是其中的几个例子：

Evidence to support the fact that Islamic law is based on the concept of removal of difficulty can be found throughout the Qur’aan. The following verses from the Qur’aan are only a few examples:

正是基于这一原则,安拉在颁布教法的同时,也设立了多种法律上的宽限:例如旅途中可以不封斋,可以缩短并合并拜功;此外,在极度危急的情况下,食用被禁之物(例如猪肉和酒)也是被允许的。

Because of this principle, Allaah has enacted along with the divine laws a variety of legal concessions, like the permission to break fast, and shorten and join prayers during travel. More over, the consumption of prohibited substances (e.g., pork and alcohol) in cases of dire necessity was also permitted.

先知(愿主赐他平安)是伊斯兰教法实施的最佳典范,据记载,每当有两条路可供他选择时,只要较容易的那条路不涉及罪过,他总是选择较为容易的一条。又有记载说,他在派遣部分门徒出任也门总督时,曾对他们说:"你们要使事情变得容易(对民众而言),不要使其变得艰难。"伊斯兰教法学者一致认为,这一概念是主在制定律法时所遵循的无可争议的基本原则。因此,他们在实施神圣律法时,以此为基础推导出了许多次级律法。

The Prophet (s.w.), who was the prime example of how Islamic law was to be implemented, was himself described as always choosing the easier path whenever a choice was given to him between two possible paths, as long as the easier path was not sinful.32 He was also reported to have said to some of his followers on the occasion of their dispatchment/ departure as governors of Yemen, “Make things easy (for the people) and do not make them difficult.”33 Islamic legal scholars unanimously consider this concept an indisputable fundamental principle followed by God in the enactment of laws. Consequently, in their implementation of the divine laws, they have deduced many secondary laws on this basis. 34

根据上述原则，一个必然的结果是：法律义务的总数应当相对较少。

A number consequence of the previous principle is that the total number of legal obligations should be relatively few.

因此，伊斯兰教法中被禁止的行为和物质，与那些经明确命令或因无禁令而被允许的事物相比，数量相当少。这一原则在《古兰经》处理禁令与许可的方式中可以清楚地看到。对于禁止的事项，《古兰经》会将其子类别一一列出并加以说明；而对于许可的事项，则以概括的方式给予允许，因为其所包含的类别数量极多。例如，关于禁止与之结婚的女性，安拉说：

Accordingly, the prohibited acts and substances in Islamic legislation are quite few in comparison to those which are allowed by direct command or by the absence of any command of prohibition. This principle can be clearly seen in the method by which the Qur’aan deals with prohibitions and permissions. In the case of prohibitions, the sub-categories are named and listed, while in the case of permissions, a general allowance is given due to the great number of categories included in it. For example, with regard to women with whom marriage is forbidden, Allaah states,

在列举了被禁止的各类人之后,安拉说:

After completing the prohibited categories, Allaah says,

关于食物，被禁止的类别也有详细的列举。

As for foods, the forbidden categories are also listed in detail.

《古兰经》中说，

The Qur’aan states,

另一方面,关于可食用的食物,安拉说:

On the other hand, in regard to the permissible foods, Allaah states,

此外,尽管被禁止的事物与被允许的事物相比少之又少,被迫食用禁物者的罪过也已被免除,正如前面所提到的。真主在《古兰经》的多处经文中阐明了这一宽限。例如:

Furthermore, in spite of the fact that the things which have been forbidden are quite few in comparison to those which have been permitted, the sin of one who is forced to take forbidden substances has also been lifted, as was mentioned previously. Allaah states this concession in a number of places in the Qur’aan. For example:

值得注意的是，总体而言，这些律法并未包含过多细节，以致使那些想要严格遵循《古兰经》教导的人感到困难。在表明这一原则存在的《古兰经》经文中，有如下一段：

It is also worth nothing that the laws, on the whole, do not contain so many details as to create difficulty for those who wish to strictly follow the teachings of the Qur’aan. Among the verses of the Qur’aan which indicate the existence this principle is the following:

被禁止的问题，是关于那些因其提问而被安拉下令禁止之事的问题。

The prohibited questions concern issues about which Allaah has chosen to enact prohibitions due to their questions.

而且，如果他们没有问及这些事情，那么他们本来就会在去做与不去做之间有所选择。

And, if they did not ask about them, they would have been left with a choice between doing them and not doing them.

属于这一类的，还有先知（愿主赐福并使其平安）对有人反复询问朝觐是否每年都是必须之事的回答。他说："如果我说是，它就会成为必须的。对于我留给你们自行决定的事情，不要追问我。因为在你们之前的人，正是因为他们过多的不必要的提问，以及与其先知的争论和分歧而灭亡了。"另有一段圣训记载，他说："如果我禁止你们做某事，就应当完全避免。如果我命令你们做某事，就应当尽力去做。"他还曾说："穆斯林中对穆斯林犯下最严重罪过的人，是那些因为自己的提问而询问那些并未被禁止之事的人。" 在《古兰经》对商业交易的处理中，可以很好地看到对细节加以限制的例子。关于这方面的法律并未作详细规定，而是制定了适用于一切情况的普遍原则。

Included in this category is the Prophet’s (s.w.) response to repeated question concerning whether Hajj was compulsory every year.41 He said, “If I sad yes, it would have become compulsory. Leave me alone concerning things which I have left up to you, for certainly those before you were destroyed because of their many unnecessary questions and their arguments and disagreements with their prophets.”42 In another narration, he was reported to have said, “If I have prohibited you from doing something, avoid it totally. But, if I command you to do something, do as much of it as you can.”43 He was also reported to have said, “The Muslims who have committed the gravest offense against Muslims are those who asked about things which were not prohibited, because of their questions.”44 A good Example of limitation of details can be found in the Qur’anic treatment of business transactions. The laws in this regard have not at all been detailed. Instead, general precepts suitable for all circumstances have been legislated.

例如，安拉说：

For example, Allaah states:

因为伊斯兰教的律法主要是为了全人类的普遍福祉而制定的,先知(s.w.)是一位普世的先知,被派遣给直至末日的所有人。安拉在《古兰经》中明确地宣示了这一点:

Because the laws of Islaam were primarily enacted for the general good of all mankind, the Prophet (s.w.) was a universal prophet sent to all people till the end of time . Allaah stated that in the Qur’aan in no uncertain terms:

伊斯兰教法中存在的废止（Naskh）现象，是伊斯兰立法中体现人类福祉考量的表现之一。真主可能为人们在立法之时制定适合当时情况的律法，也可能使其服务于某个特定而有限的目的。

The existence of abrogation within Islamic legislation is among the manifestations of human welfare considerations in Islamic legislation. God may prescribe a law suitable to people at the time of its enactment, or it may serve a particular limited purpose.

然而，它的适用性日后可能消失，或其独特的目的可能已经达成。在这种情况下，该律例的必要性便不复存在，其效力也随之废止。以下只是《古兰经》和圣训中记载的众多此类例子中的几个。 50 遗嘱（Waseeyah）：在前伊斯兰时期的阿拉伯文化中，死者的财产由其子女继承，父母只有在立有遗嘱的情况下才能继承。51 因此，在伊斯兰教初期，安拉使为父母和亲属立遗嘱成为必须，以便教导新生的穆斯林群体认识到家庭成员在财产方面的权利之重要。

However, its suitability may later disappear or its unique purpose may have been achieved. In such circumstances, the need for the law ceases to exist and its validity becomes cancelled. The following are only a few of many such examples which may be found recorded in both the Qur’aan and the Sunnah.50 Bequest (Waseeyah): In pre-Islamic Arab culture, his children inherited the property of the decease, and parents would only inherit if a bequest were made.51 Thus, in the early stages of Islaam, Allaah made the writing of a bequest for parents and relatives compulsory, in order to teach the new community of Muslims the importance of family rights with regard to their wealth.

然而，当穆斯林团体自愿接受这一律法并开始严格执行之后，安拉以启示在《古兰经》中确立了一套明确界定的继承法，取代了旧制。先知（ﷺ）进一步确认了旧律法已被废止，他说："安拉确已赐予每个有权利者应得的权利，因此继承人不得再有遗嘱（遗赠）。"53 守丧期：寡妇的守丧期原本是整整一年，丈夫须在遗嘱中为她在整个守丧期内的生活费和住所作出安排，《古兰经》中有言：

However, after the community willingly accepted this law and they began to strictly put it into practice, Allaah replaced it by revealing in the Qur’aan a clearly defined system of inheritance laws. And the Prophet (s.w.) further confirmed the abrogation of the old laws by stating, “Surely Allaah has given everyone with a right (to inheritance) his right, so there should be no bequest for inheritors.”53 Mourning Period: The widow’s mourning period was originally a full year, and it was compulsory for her husband to leave in his will provision for maintenance and housing during that whole period the Qur’aan states:

然后，等待期被减少为四个月零十天。

Then the waiting period was reduced to four months and ten days.

这一律例后来被《古兰经》所废止，经中规定了一种特定的示范性惩罚。

This law was later abrogated in the Qur’aan by the setting of a particular exemplary punishment.

此外,先知(s.w.)对通奸者施行了石刑处死,并对同性恋者规定了死刑,但未specify其执行方式。对被废止经文的考察表明,早期的律法可能被更严厉的律法所取代,例如通奸的律法从监禁和惩罚改为鞭刑或石刑处死;也可能被较为宽缓的律法所取代,例如寡妇的守丧期;或者被类似但更为适宜的律法所取代。无论如何,在所有情况下,被废止的律法都适用于其降示时的时代与环境。当情况发生变化时,便颁布新的律法,以实现真主在先前立法中的意图。

Furthermore, the Prophet (s.w.) applied the punishment of stoning to death for those who committed adultery58 and set the death penalty for homosexuals without specifying the method.59 A review of the abrogated verses indicates that the early law may be replaced by a more severe law, as in the case of the law for fornication which changed from confinement and punishment to lashes or stoning to death; or it may be replaced by a less severe law as in the case of the mourning period for widows; or it may be replaced by a similar but more suitable law. At any rate, in all cases, the abrogated law was suitable for the time and circumstances under which it was revealed. When the situation changed, a new law was enacted in order to realize Allaah’s intent in the earlier legislation.

如果不是穆斯林社群当时的处境，废止性的律法本来可以从一开始就颁布。例如，对于寡妇的规定：起初要求她在亡夫的家中守丧一年，在此期间不得再婚。当时阿拉伯人的习俗是将寡妇禁闭起来，并阻止她们再婚，时间没有定限，有的长达一年，有的直到终老。

Were it not for the situation of the Muslim community earlier, the abrogating law would have been enacted from the beginning. For Example, in the case of the widow who was at first required to wait in her deceased husband’s house in mourning for the period of one year during which she could not get married, it was the custom of the Arabs to confine widows and prevent them from marriage for indefinite periods, lasting from a year to the remainder of their lives.

在守丧期间，她们还必须穿着最破旧的衣服。若将待婚期缩短为四个月零十天，并允许她们随意离开住所，早期的穆斯林很难接受这一规定。因此，立法者设定了一年的哀悼期，同时取消了禁闭的要求以及丈夫供养的义务。穆斯林刚刚接受并适应了这一改变，随后便降下了新的律法，缩短了哀悼期。

And, during the period of confinement, they were obliged to wear their worst clothes.60 If the waiting period were reduced to four months and ten days along with the permission for them to leave their houses if they wished, the early Muslims would have had great difficulty in accepting it. Consequently, a year of mourning was set along with the cancellation of the confinement and the obligation of maintenance. Shortly after they had accepted the change and adjusted to it, the new law was revealed reducing the period of mourning.

因此,其中所包含的废止(naskh)是出于对人类处境及其福祉的考虑,这一考虑存在于先知时代之中,而该时代随着先知(SWT)的去世而结束,因为在他之后不可能再有废止。61 在先知时代之后,立法对人类福祉的考虑体现在:伊斯兰教法的制定是有其原因的,其中许多原因都被明确地提到了。 Note: "the prophet hood" refers to the era of prophethood, and "(s.w.)" in the original, being a mention of the Prophet, should carry ﷺ rather than (SWT); the correct rendering is: 因此,其中所包含的废止(naskh)是出于对人类处境及其福祉的考虑,这一考虑存在于先知时代之中,而该时代随着先知ﷺ的去世而结束,因为在他之后不可能再有废止。61 在先知时代之后,立法对人类福祉的考虑体现在:伊斯兰教法的制定是有其原因的,其中许多原因都被明确地提到了。

Thus, abrogation contained in it consideration for human conditions and their welfare during the era of the prophet hood which ended with the death of the Prophet (s.w.), for there can be no abrogation after his time.61 Legislative consideration of human welfare after the era of prophet hood can be found in the fact that Islamic laws were enacted for reasons, many of which were clearly mentioned.

先知(s.w.)经常提及其法律裁决背后的理由。例如,在废止禁止探访坟墓的规定一事上,据传他曾说:"我曾禁止你们探访坟墓,然而,已经允许我探访我母亲的坟墓了。所以,你们去探访吧,因为它们确实能使人想起后世。"65

The Prophet (s.w.) often made mention of the rationale behind his legal pronouncements. For example, in the case of the abrogation of the prohibition of visiting graveyards, he was reported to have said, “I had forbidden you from visiting the graveyards, however, permission has been given to me to visit the grave of my mother. So, visit them, for they do remind one of the next life.”65

对法律理由的解释表明，法律的存在或不存在，取决于其成因的存在与否。如果制定某项法律所要实现的利益是持续存在的，那么该法律也持续有效；但如果因情况变化而使该利益发生了改变，法律也必须随之改变，否则其继续存在便毫无益处。基于这一原则，欧麦尔·本·罕塔卜取消了原本由先知ﷺ用于以安抚未信伊斯兰者使其接受伊斯兰的那部分天课的分配。他解释说，对这些人加以安抚的必要存在于伊斯兰正在兴起、需要支持的时期，而在他的时代，伊斯兰国家已经稳固确立。

The explanation of the reasons for laws indicates that the presence of absence of laws depends on the existence or nonexistence of their causes. If the benefit for which the law was enacted continuous, then the law is continuous; but if it has changed due to a change in circumstances, the law must also change; otherwise there would not be any benefit in its continued existence. On the basis of this principle, ‘Umar ibn al-Khattaab cancelled the distribution of the portion of Zakaah assigned for the encouragement of non-Muslims to accept Islaam which the Prophet (s.w.) used to give out. As he explained, the need for their encouragement existed during the time when Islaam was on the rise and in need of support, however, in his time the Islamic state was already firmly established.

立法对人类需要的考量，也体现在立法的方法之中。对于那些人的利益不会随时间或环境而改变的法律，安拉已将其细节阐明得非常清楚。例如宗教功修，以及婚姻、离婚和继承等家庭法律，还有针对那些其危害不会随时间推移而改变的罪行的法律，如谋杀、通奸和淫乱、盗窃以及诽谤。至于那些利益或危害可能因地而异的事项，安拉则制定了具有普遍利益的一般性法则，由掌权者依据人类的需要加以实施。

Legislative consideration of human needs can also be found in the methodology of legislation. In the case of laws wherein human benefit will not change with time or conditions, Allaah has spelled out the details very clearly. For example, in the case of religious rites, family laws of marriage, divorce and inheritance, laws against crimes whose harm will not change with the passage of time, like murder, fornication and adultery, theft, and slander. As for things whose benefit or harm may vary from place to place, Allaah has legislated general laws of universal benefit, which may be implemented by those in authority according to human needs.

这一类的例子可以在关于商业交易和社会结构的法律中找到。例如，安拉说："信道的人们啊！你们当服从安拉，服从使者，并服从你们中的主事者。"66

Examples of this category can be found in the laws concerning business transactions and the structuring of the society. For example, Allaah said, “Oh you who believe, obey Allaah and obey the Messenger, and those in authority among you.”66

先知(愿主赐其平安)本人也有圣训记载,他说:"即使有一名身体残缺的埃塞俄比亚黑奴被任命来管理你们的事务,而他按照安拉的经典来处理你们的事务,你们也应当听从并服从他的命令。"67 立法的考量还体现在:为了公众福祉而优先于个人利益,以及为了避免更大的伤害而优先防止较小的同类伤害。68 这一原则的一个很好的例子,是伊斯兰教对几乎普遍存在的一夫多妻(多配偶制)习俗的确认。伊斯兰教将妻子的最高人数限制为四人,并规定了相关各方的责任。尽管与他人共享丈夫对大多数女性来说可能是痛苦的,但在大多数社会中,对一夫多妻的需求是显而易见的——若官方禁止此制度,随之而来的败坏现象便证明了立法的必要。因此,为了男女双方的共同福祉,伊斯兰教承认有限度的一夫多妻制,从而将社会的利益置于个体女性的利益之上。69

The Prophet (s.w.) himself was reported to have said, “If a maimed Abyssinian slave is appointed over you and he conducts your affairs according to the Book of Allaah, you should listen to him and obey (his orders).”67 Legislative consideration can also be found in the giving of precedence to the general welfare over individual benefit, and to the prevention of a greater harm over a similar one.68 A good example of such a principle can be found in Islaam’s confirmation of the almost universal practice of plural marriage (polygyny). Islaam limited the maximum number of wives to four and outlined the responsibilities of those involved. Although sharing a husband may be painful to most women, the need for plural marriage in most societies evidenced by the corruption which results from its official prohibition demand its legislation. Therefore, for the general welfare of both men and women, Islaam recognized limited polygyny thereby giving precedence to the good of society over that of the individual woman. 69