《教法汇编》
Compilation Of Fiqh
在四位正统哈里发时期(公元632至661年),并没有对圣门弟子所作的教法裁决(Fatwaas)进行编纂。当时穆斯林国家正在迅速扩张,一切都处于变动之中。圣训的传述才刚刚开始,构成国家核心的早期穆斯林群体正着手引导这个年轻的穆斯林民族,这项任务十分艰巨。因此,既没有时间,也没有条件去编纂圣门弟子所持的各种裁决与见解。此外,圣门弟子自己也倾向于不把他们的独立推理(Ijtihaad)视为对全体穆斯林民族具有约束力的绝对真理,而只是视为适用于他们当时特定时代与情况的意见。
During The Period Of Four Righteous Caliphs (632-661 CE) There Was No Compilation Of The Fatwaas (legal Rulings) Which Had Been Made By The Sahaabah. The Muslim State Was Rapidly Expanding And Everything Was In A State Of Flux. The Practice Of Narration Of Hadeeth Had Just Started And The Early Band Of Muslims Who Formed The Core Of The State Had Just Begun The Awesome Task Of Guiding The Young Muslim Nation. Thus, There Was Neither The Time Nor Opportunity For Undertaking A Compilation Of The Various Rulings And Opinions Held By The Sahaabah. Furthermore, The Sahaabah Themselves Tended To View Their Efforts At Ijtihaad Not As Infallible Truth Binding On The Entire Muslim Nation, But Merely As Opinions Applicable To Their Particular Time And Situation.
在倭马亚王朝时期,首次出现了汇编教法裁决的尝试。在这一时期,政府体制由哈里发制转变为君主制,越来越多的裁决与圣门弟子的裁决相抵触。那些在伊斯兰学术各中心师从圣门弟子的人意识到,如果不齐心协力保存早期的裁决,后世穆斯林将无法受益于圣门弟子的贡献。因此,希贾兹的早期学者搜集了阿卜杜拉·伊本·阿拔斯、阿卜杜拉·伊本·欧麦尔和阿伊莎·宾特·艾布·伯克尔的各种法特瓦。同样,伊拉克的学者搜集了阿卜杜拉·伊本·麦斯欧德和阿里·伊本·艾比·塔利卜的裁决。遗憾的是,这些早期的汇编都没有以原貌流传至今。如今人们只能通过后一代学者著作中对它们的引述而知晓。然而,原始汇编中所包含的大量裁决,通过圣训学著作、史书以及后来的教法学著作中的转述而得以保存。
It was during the Umayyad period that the very first attempts at a compilation of legal rulings occurred. With the change of the governmental structure from caliphate to monarchy during this period rulings were increasingly being made which went against the rulings were increasingly being made which went against the rulings of the Sahaabah. Those who had studied under the Sahaabah in the various centers of Islamic learning realized that if a concerted effort were not made to preserve the earlier rulings, later generations of Muslims would be unable to benefit from the contributions of the Sahaabah. Accordingly, early scholars of the Hijaaz collected the various Fatwaas of ‘Abdullaah ibn ‘Abbaas, ‘Abdullaah ibn ‘Umar and ‘Aa’eshah bint Abee Bakr.108 Similarly, the scholars of Iraq collected the rulings of ‘Abdullaah ibn Mas’oud and those of ‘Alee ibn Abee Taalib. Unfortunately none of these early collections have survived in their original form. They are now only known by references made to them in the books of the next generation of scholars. However, a large number of the rulings contained in the original collections have been preserved by way of narration in the books of Hadeeth, in history books, as well as in later books of Fiqh.
章节摘要
Section Summary
1. 对伊斯兰教法(Fiqh)的首次整理工作,是在倭马亚王朝时期开始的。
1. The first attempts at compilation of Fiqh were made during the period of the Umayyads.
2. 这一时期的伊斯兰教法学者在作出裁决时主要遵循两种路径:圣训学派(Ahl al-Hadeeth)和意见学派(Ahl ar-Ra’i)。
2. The scholars of Fiqh during this period followed two main trends in making their rulings: that of Ahl al-Hadeeth (the people of Hadeeth) and that of Ahl ar-Ra’i (the people of Opinion).
随着学者们的分散,他们各自的个人伊杰提哈德明显增多。总的结果是出现了一些新的教法学派(麦兹哈卜)。
With the dispersion of the scholars there was a marked increase in their individual Ijtihaads. The overall result was the evolution of a number of new Madh-habs.
3. 由于学者们回避堕落的倭马亚宫廷,协商(Ijmaa')原则与协商式治理的原则都被丧失了。 Wait—Ijmaa’ means consensus, not consultation. Correcting the translation faithfully: 3. 由于学者们回避堕落的倭马亚宫廷,公议(Ijmaa')原则与协商式治理的原则都随之丧失了。
3. Both the principle of Ijmaa’ and that of consultative government were lost due to the scholars’ avoidance of the degenerate Umayyad court.
4. 为了在倭马亚王朝偏离逊奈的情况下保存伊斯兰的基本原则,分散各地的学者依靠频繁传述圣训,并汇辑了圣门弟子中最杰出的法学家的教法裁决。
4. In order to preserve essential Islamic principles in the face of Umayyad divergence from the Sunnah, the dispersed scholars relied on frequent narration of Hadeeths and compiled the legal rulings of the most prominent jurists among the Sahaabah.
在这一时期,社会动荡和纷争十分普遍,许多宗教派别和政治派系由此产生。
5. Social unrest and turmoil sere prevalent during this period and a number of religious sects and political factions came into being.
6. 在这一阶段,为支持宗派观点而伪造圣训的现象首次出现。因此,学者们认识到有必要汇编并对圣训进行批判性分析。
6. The Fabrication of Hadeeths in support of sectarian views arose during this stage for the first time. Scholars, therefore, saw a need to compile and critically analyze the Hadeeths.
阿拉伯半岛西海岸,包括麦加和麦地那。
106 Western coast of the Arabian peninsula including Makkah and Madeenah.
第三位妻子的先知(ﷺ)。
108 The third wife of the Prophet (s.w.).