5 伊斯兰法学派:伊斯兰法律思想的学派
5 The Madh-habs: Schools Of Islamic Legal Thought
在前面的章节中,我们已经看到了madh-hab(学派)的演变,它置于伊斯兰教法(fiqh)整体发展的历史语境之中。在先知时代,fiqh的基础就已奠定,即先知穆罕默德ﷺ的ijtihaad(理性裁断)以及其门徒(sahaabah)的裁断。在这一阶段,以《古兰经》和Sunnah(先知ﷺ的生活方式)形式出现的天启,是伊斯兰法唯一的渊源。换言之,当时只有一个学派(madh-hab):即先知ﷺ的学派。
In The Previous Chapters We Have Seen The Evolution Of The Madh-hab127 Within The Historical Context Of The Overall Development Of Fiqh. During The Era Of Prophethood, The Foundations Of Fiqh Were Laid Down In The Prophet Mohammed’s Ijtihaads (reasoned Rulings) As Well As Those Of His Sahaabah (followers). During That Stage, Divine Revelation In The Form Of The Qur’aan And The Sunnah (the Life Style Of The Prophet (s.w.) Constituted The Only Source Of Islamic Law. In Other Words, There Was Only One School Of Thought (Madh-hab): That Of The Prophet (s.w.).
在接下来的阶段,即正统哈里发时期,伊斯兰教法的原则“伊制玛尔”(一致同意的判决)逐渐形成,而“伊杰提哈德”(独立判断)以“基亚斯”(类比推理)之名成为独立的教法原则。这一时期的教法学派实际上就是每一位正统哈里发的主张,因为法律事务的最终决定权掌握在他们手中。然而,所有法律判决都须依据先知ﷺ有记载的言论或行为,即圣训,而加以修正。因此,当时不存在僵化的派别之争的空间。
In the following stage, that of the Righteous Caliphs, the Fiqh principle of Ijmaa’ (decisions by unanimity) evolved and Ijtihaad became an independent principle of Fiqh under the name Qiyaas. The Madh-hab during theis period was, in rality, that of each of the Righteous Caliphs, since the final say in legal matters rested with them. However, all legal decisions were subject to alteration on the basis of recorded statements or practices of the Prophet (s.w.): that is, Hadeeth. Therefore there was no room for rigidity of factionalism.
伍麦叶王朝早期,伊斯兰教法学者在伊jtihad(独立推理)问题上分为两大学派:Ahl ar-Ra’i(有见解派)和Ahl al-Hadeeth(圣训派)。随着哈里发制转变为君主制,哈里发/国王不再是教法学派的领袖,这两大学派又演变为若干新的学派。由于学者及其学生分散于伍麦叶国家各地,为解决地方问题,他们的个人独立推理也随之增多。不过应当指出的是,无论是在伍麦叶时期还是阿拔斯王朝早期,教法学生都会自由而频繁地更换老师,并交流法律见解。因此,实际上,先前那种灵活性得以延续。
The early period of the Umayyad dynasty saw the division of Fiqh scholars into two main Madh-habs with respect to Ijtihaad: Ahl ar-Ra’i and Ahl al-Hadeeth. These two Madh-habs evolved into a number of new Madh-habs during the shift from caliphate to monarchy when the caliph/King was no longer the head of the Madhhab. Since scholars and their students were dispersed throughout the Umayyad state, their personal Ijtihaad increased in order to solve local issues. It should be noted, however, that during both the period of the Umayyads and that of the early ‘Abbaasids, students of Fiqh freely and frequently changed teachers and exchanged legal opinions. In effect, therefore, the flexibility of the previous was maintained.
正如第七和第八章将要说明的,在阿拔斯王朝后期,伊斯兰教法(Fiqh)逐渐走向定型和体系化。由于国家偏重某些教法学派而轻视其他学派,加上宫廷辩论所推动的学派间竞争日益兴起,教法学派的数量随之减少,学派之间的分歧也被不断强调。阿拔斯哈里发国覆灭之后,伊杰提哈德(Ijtihaad)逐渐衰落直至消失,教法学派的数量进一步减少至四个,这四个学派later演变为彼此截然不同、往往相互敌视的体系。在其追随者的心目中,各学派之间的分歧变得无法逾越,学派狂热与宗派主义盛行。由于伊斯兰法(Sharee'ah)能否适用于一切时代和一切地方,很大程度上依赖于伊杰提哈德原则,而这一重要原则的丧失,必然导致教法的停滞与衰落。
As will be shown in chapters seven and eight, during the latter part of the ‘Abbaasid dynasty, Fiqh was formalized and systematized. The number of Madh-habs decreased and the differences between them became emphasized due to the state’s preference for some Madh-habs over others and the rise of inter Madh-habs rivalry promoted by court debates. And after the destruction of the ‘Abbaasid Caliphate and the decline of Ijtihaad culminating in its disappearance, the number of Madh-habs decreased to four which evolved into completely distinct and often times antagonistic entities. The differences between them became insurmountable in the minds of their adherents and Madh-hab fanaticism and sectarianism was rife. Since the applicability of Sharee’ah to all times and places depended largely upon the principle of Ijtihaad, the loss of this vital principle spelled the inevitable stagnation and decline of Fiqh.
在接下来的两章中,我们将按时间顺序,更详细地考察各个教法学派(madh-habs)的创立者、形成过程及其根本原则。然后,我们将探讨它们之间出现分歧的主要原因。
In the following two chapters we will examine more closely the madh-habs chronologically with respect to their founders, formation and fundamental principles. Then we will have a look at the main reasons for the differences which arose between them.
127 学者们的法律裁决总和,以及其学生的裁决,还有所有遵循他们方法的学者的裁决。
127 The sum total of the scholars legal rulings as well as the rulings of his students and that of all the scholars who adhered to their approach.