面对新问题,这一时期的哈里发通常会按以下步骤加以解决:

Faced with a new problem, the caliph of this period would generally take the following steps in order to solve it:.

(1) 他首先会在《古兰经》中寻找关于该问题的具体裁决。

(1) He would first search for a specific ruling on the problem in the Qur’aan.

（2）如果他在经文中找不到答案，他接着就会在《逊奈》中寻找对该问题的裁决，即先知（s.w.）的言行。

(2) If he did not find the answer there, he would then search for a ruling on it in the Sunnah, the sayings and actions of Prophet (s.w.).

(3) 如果他仍然找不到答案，他便会召集主要的圣门弟子开会，努力就问题的解决方案取得一致意见。（这种一致意见被称为"Ijma'"，即"公议"。）

(3) If he still did not find the answer, he would then call a meeting of the major Sahaabah and try to get unanimous agreement on a solution to the problem. (This unanimity was referred to as Ijma’.) .

(4) 如果无法达成一致，他便采取多数人的立场。

(4) If unanimity could not be arrived at, he would then take the position of the majority.

(5) 然而，如果分歧大到无法确定压倒性多数的意见，哈里发将自行进行伊杰提哈德（Ijtihaad），其结论即成为法律。还应当指出，哈里发有权推翻共识。95

(5) If however, differences were so great that on over-whelming majority opinion could be determined, the caliph would make his own Ijtihaad, which would then become law. It should also be noted that the caliph had the right to over-rule the consensus. 95

除了哈里发为决策而召集的主要圣门弟子的正式会议之外，日常生活中还不时出现一些情况，需要个别圣门弟子作出裁决。在这类情况下，他们通常会采取三种大致的做法。

In addition to formal meetings of the major Sahaabah which were called by the caliphs for decision-making, there arose many day-to-day situations where individual Sahaabah were asked to make rulings. In such cases they tended to follow three general courses of action.

首先,身居决策职位的圣门弟子明确表示,他们的推论未必与安拉的本意相符。例如,有人就一位在未确定聘礼(Mahr,嫁妆)的情况下出嫁的妇女的继承权问题询问伊本·麦斯欧德,他说:“我就她的情况发表我的意见。如果正确,那是来自安拉;如果不正确,那是来自我和恶魔。”96 其次,如果他们各自就某一问题作出了不同的裁决,之后得知先知ﷺ在该问题上有可靠的圣训(Hadeeth)或行为,他们便会立即接受,并放下所有分歧。例如,先知ﷺ去世后,圣门弟子对于应将他安葬何处存在不同看法。当艾卜·伯克尔告诉他们,他曾听先知ﷺ说,先知都葬在他们去世的地方,他们便放下分歧,在他的妻子阿伊莎的房屋下挖掘了他的墓穴。

In the first place, Sahaabah who were in decision-making positions made it clear that their deductions were not necessarily as Allaah intended. For example, when Ibn Mas’ood was questioned about the inheritance rights of a woman who had been married without a defined Mahr (dowry), he said, “I am giving my opinion about her. If it is correct, then it is from Allaah, but if it is incorrect, then it is from me and Satan.” 96 Secondly, if they made different rulings on a problem in their individual capacities and were later informed of an authentic (Hadeeth) saying or action of the Prophet (s.w.) on the subject, they would immediately accept it dropping all differences. For example, after the Prophet’s (s.w.) death, the Sahaabah held different opinions as to where he should be buried. When Abu Bakr related to them that he had heard the Prophet (s.w.) say that prophets are buried in the spot where they die, they dropped their differences and dug his grave beneath his wife ‘Aa’eshah’s house.

最后,当无法得出确凿的证据或一致的见解时,先知的同伴们会尊重彼此的意见,也不会强迫其他圣门弟子遵循某个人的个人见解。这一原则的唯一例外是:如果他们发现有人仍在遵行某些曾经可以接受、后来却已被禁止的做法。例如,穆特尔婚(Mut'ah),即伊斯兰教初期曾被允许、一种伊斯兰前就存在的临时婚姻形式,到先知ﷺ去世之时已被禁止。

Finally, when neither authentic proof nor unanimity could be arrived at, the companions of the Prophet (s.w.) used to respect the opinions of each other and would not force other Sahaabah to follow any individual opinion. The only exception to this rule was if they found people following practices, which though formerly acceptable later became prohibited. For example, Mut’ah, a pre-Islamic form of temporary marriage which had been allowed in the early stages of Islaam, was forbidden by the time of the Prophet’s (s.w.) death.

一些圣门弟子不知道此项禁令，因此在艾布·伯克尔的哈里发时期以及欧麦尔哈里发任期的前半段，仍然实行临时婚姻（穆塔仪婚）。欧麦尔知道了穆塔仪婚的做法后，便禁止了它，并对此类违犯者规定了严厉的惩罚。97

Some of the Sahaabah were unaware of the prohibition and thus continued to practice temporary marriage during Abu Bakr’s caliphate and the first half of ‘Umar’s caliphate. When ‘Umar became aware of the practice of Mut’ah, he forbade it and prescribed a severe punishment for the offence.97

尽管圣门弟子在许多法律问题上有过讨论和分歧，但这些分歧很少发展到导致分裂和派系对立的程度，而这种情况在后来的时代却很常见。这主要归因于以下几个有助于维护其团结的因素：

Although the Sahaabah debated and differed on various points of law, their differences rarely reached the level of disunity and factionalism, which characterized later periods. This was mainly due to the following factors, which tended to preserve their unity:.

（1）哈里发们依靠相互协商（Shooraa）来作出裁决。

(1) The Caliphs’ reliance on mutual consultation (Shooraa) to arrive at a ruling.

（2）易于达成共识。由于早期的哈里发不允许圣门弟子远离伊斯兰国的首都麦地那，因此召开协商会议十分便利。

(2) The ease with which a consensus could be arrived at. It was easy to hold consultative meetings since the early caliphs did not allow the Sahaabah to move far from the capital of the Islamic State, Madeenah.

(3) 众圣门弟子普遍不愿擅自作出教法裁决（法特瓦），他们往往会把难以回答的问题转交给其他更有资格作答的圣门弟子。

(3) The general reluctance of individual Sahaabah to make legal rulings (Fatwaas). Instead, they tended to re-direct puzzling questions to other Sahaabah who were better qualified to answer them.

(4) 很少引用圣训，他们通常只将其限于具体的实际问题。这样做的原因是：(a) 他们担心误传先知的话，因为先知曾说："谁假托我的名义说谎，谁就必定在火狱中占据自己的座位。"98

(4) The infrequent quotation of Hadeeth, which they tended to confine to specific and actual problems. This was due to: (a) Their fear of misquoting the Prophet (s.w.) who had said, “Whoever tells a lie in my name will find in my name find his seat in the fire.”98.

（b）哈里发欧麦尔·本·哈塔卜禁止过度引述圣训，并命令众圣门弟子专注于《古兰经》的传述与研习，这一事实。

(b) The fact that Caliph ‘Umar ibn al-Khattab forbade excessive quotation of Hadeeth and ordered the Sahaabah to concentrate on the narration and study of the Qur’aan.

在追溯伊斯兰教法学（Fiqh）的历史发展时，可以发现它在不同的政治与社会经济发展时期呈现出不同的显著特征。首先，我们可以看出，在正统哈里发时期，伊斯兰教法学最突出的特点是其现实性，即它立足于实际发生的问题，而非假设或想象中的问题。这种现实性的教法学后来在阿拉伯语中被称为“现实教法学”（al-Fiqh al-Waqi'ee），以区别于在倭马亚时期于伊拉克库法兴起的“有见解者”（Ahl ar-Ra'i）所倡导的假设性教法学。

As we trace the historical development of Fiqh showed different characteristic trends during different periods of political and socio-economic development. First, we can discern that the outstanding characteristic of Fiqh during the period of the Righteous Caliphs was its realism; that is, it was based on actual problems rather than on hypothetical or imaginary ones. This realistic form of Fiqh was later referred to in Arabic as al-Fiqh al-Waqi’ee (realistic Fiqh) to distinguish it from the hypothetical Fiqh advocated by the “Reasoning People” (Ahl ar-Ra’i) who came to prominence in Kufah, Iraq, during the time of the Umayyads.

其次,尽管正统哈里发如我们上文所述,倾向于遵循某些程序来得出法律裁决,但他们和圣门弟子整体都没有规定在整个伊斯兰民族(乌玛)中必须遵循的固定程序;他们也没有将其法律裁决所形成的法规记录下来。在伊斯兰教法未作明确规定的领域保持这种开放态度,首先反映了圣门弟子对这类事务中意见自由的尊重。这种态度与后来某些学者表现出的僵化姿态形成鲜明对比。其次,这也符合圣门弟子的方针,即建议普通民众认真研读《古兰经》,而不要被《古兰经》未作规定的事务上的法律裁决所分散注意力。

Secondly, although the Righteous Caliphs tended, as we have noted above, to follow certain procedures to achieve legal rulings, neither they nor the Sahaabah as a whole prescribed set procedures to be followed throughout the Islamic nation (the Ummah); nor did they make a record of the laws resulting from their legal rulings. This open mindedness in areas not clearly defined by Sharee’ah reflects, in the first place, the Sahaabah’s respect for freedom of opinion in such matters. Such an attitude contrasts strongly with the appearance of rigidity on the part of certain later scholars. In the second place, it was in keeping with the Sahaabah’s policy of recommending for the masses the careful study of the Qur’aan without the distraction of legal rulings on matters not defined therein.

在这一时期，伊斯兰教法（Fiqh）的第三个特点与法律裁决中个人见解（ra'y）的运用有关。大多数圣门弟子倾向于严格遵循《古兰经》和圣训的字面含义，一般而言，他们避免给出个人的解释。伊本·欧麦尔是圣门弟子中一生都居住在麦地那的主要法学家之一，他就遵循这一做法。另一方面，也有一些圣门弟子主张在《古兰经》和圣训未作规定的领域广泛运用个人见解。不过，他们谨慎地将由此产生的错误完全归于自己，以免损害伊斯兰法的声誉。阿卜杜拉·本·麦斯欧德（后来定居伊拉克）便代表了这一学派。

A third characteristics of Fiqh in this period relate to the use of personal opinion in making legal rulings. The majority of the Sahaabah preferred to stick closely to the literal meanings of texts of the Qur’aan and the Sunnah. As a general practice, they avoided giving personal interpretations. Ibn ‘Umar, one of the leading jurists among the Sahaabah who remained in Madeenah all his life, followed this practice. On the other hand there were other Sahaabah who favored the wide use of personal opinion in areas undefined by either the Qur’aan or the Sunnah. However, they were careful to attribute resulting errors entirely to themselves, so as not to bring discredit to Islamic law. ‘Abdullaah ibn Mas’ood (who later settled in Iraq) represented this school of thought.

1. 演绎式伊斯兰教法原则的基础，即公议（Ijmaa'）和类比（Qiyaas）（即伊杰提哈德，Ijtihaad），是在正统哈里发时期奠定的。

1. The basis of the deductive Fiqh principles, Ijmaa’ and Qiyaas (Ijtihaad)(, was laid during the time of thje Righteous Caliphs.

2. 版图的突然扩大，使穆斯林骤然接触到许多不同的文化，由此产生了大量新的问题，而这些问题并未被伊斯兰教法（Sharee'ah）的律例所明确涵盖。

2. The sudden addition of vast new territories brought Muslims into sudden contact with many different cultures, and this produced a host of new problems which were not specifically covered by the laws of Sharee’ah.

3. 法律裁决日益必要，正统哈里发们逐步建立了一些程序，以便在尽量减少分歧的情况下得出伊jtihād（独立判断）的结论。

3. Legal rulings became increasingly necessary, and the Righteous Caliphs gradually developed certain procedures for arriving at Ijtihaad with minimum of disagreement.

4. 一般而言,圣门弟子(Sahaabah)也遵循一套决策程序,帮助他们避免做出僵硬、武断的裁定。

4. The Sahaabah in general also followed decision-making procedures which helped them to avoid hard and fast rulings.

5. 正统哈里发与众圣门弟子在法律裁决上的共同认可，有助于促进穆斯林民族的团结，几乎不给派系分裂留下余地。

5. The combined approval of the Righteous Caliphs and the Sahaabah in the matter of legal rulings tended to promote unity and to provide little of no occasion for factionalism within the Islamic nation.

6. 在正统哈里发时期，只存在一个教法学派。这种统一的伊斯兰教法（Fiqh）取向，使得直到该时期末，都没有出现与国家无关联的教法学派。

6. Only one Madh-hab existed during the period of the Righreous Caliphs. This unified approach to Fiqh prevented the rise of Madh-habs not linked to the state until the end of the period.

7. 普通民众尤其被强调学习《古兰经》，而过多引用圣训则受到劝阻。

7. Particular emphasis was placed on the study of the Qur’aan by the masses, while excessive quotation of Hadeeths was discouraged.

8. 尽管圣门弟子（Sahaabah）在运用个人见解的问题上存在一些不同的做法，但在所考察的这一时期内，这种分歧实际上并未导致任何派系分裂。

8. Although there was some difference of approach among the Sahaabah in the matter of the use of personal opinion, this difference did not in fact result in any factionalism during the period under review.

9. 就伊斯兰教法（Fiqh）而言，当时仍然只有一种总体的路径，即一个教法学派（Madh-hab）。然而，圣门弟子在运用个人见解方面的不同做法——例如麦地那的伊本·欧麦尔（Ibn ‘Umar）与库法（伊拉克）的阿卜杜拉·本·麦斯欧德（‘Abdullah ibn Mas’ood）的做法——可以被视为日后伊斯兰学者分化为不同教法学派的早期萌芽或预兆。

9. So far as Fiqh was concerned, there continued to be one general approach, that is one Madh-hab. However, the different practices of such Sahaabah as Ibn ‘Umar in Madeenah and ‘Abdullah ibn Mas’ood in Kufah (Iraq) in the use of personal opinion could be seen as the early beginnings, or the foreshadowing of a division of Islamic scholars into different Madh-habs.