第八章 第六阶段:停滞与衰落
8 The Sixth Stage: Stagnation And Decline
这一阶段大约涵盖六个世纪,始于1258年公元纪年时巴格达被攻陷以及最后一位阿拔斯哈里发穆斯塔辛(al-Musta’sim)被处决,结束于基督纪元十九世纪中叶前后。这一时期也见证了奥斯曼帝国的兴起。该帝国于1299年由突厥领袖奥斯曼一世(‘Uthmaan I)建立,直至在欧洲殖民主义的冲击下走向衰落。
This stage covers approximately six centuries starting with the sacking of Baghdad in 1258 CE and the execution of the last ‘Abbaasid caliph, al-Musta’sim, and ending around the middle of the nineteenth century of the Christian era. This period also represents the rise of the Ottoman Empire, founded in 1299 CE by the Turkish leader ‘Uthmaan I, until its decline under the attacks of European colonialism.
这一时期的主要特征是盲目遵从(Taqleed)某一教法学派(Madh-hab)以及派系主义。这种衰退的趋势导致各种形式的Ijtihaad(独立思考推理)被废弃,各教法学派逐渐演变为彼此完全独立、与宗派颇为相似的实体。在此期间,Fiqh(教法学)的编纂仅限于对前人著作进行注释,并且以推广各个教法学派为目的。因此,Fiqh失去了其活力,许多律法日趋过时,以现有形式已无法适用。为填补这一立法空白,欧洲的法典逐步被引入,以取代部分已经废弃不用的伊斯兰律法。
The prevailing characteristic of this period was that of Taqleed (the blind following of a Madh-hab) and factionalism. This degenerative trend resulted in the dropping of all forms of Ijtihaad and the evolution of the Madh-habs into totally separate entities closely resembling sects. The compilation of Fiqh during this period was limited to commenting on previous works and was directed toward the promotion of individual Madh-habs. Thus, the dynamism of Fiqh was lost and many of the laws became increasingly outmoded and inapplicable in their existing forms. In order to fill this legislative gap, European law codes were gradually introduced in place of some of the Islamic laws, which had fallen into disuse.
最终,随着欧洲殖民主义的推进和穆斯林帝国的瓦解,欧洲法律取代了伊斯兰法。一些改革者试图遏制衰落与停滞的潮流,呼吁回归伊斯兰教及其律法最初的纯正。然而,尽管比较教法学的制度化教学有所增加,派系之争直到今天仍在延续。
Eventually with the advance of European colonialism and the breaking up of the Muslim Empire, European laws supplanted Islamic law. Certain reformers sought to stem the tide of stagnation and decline, calling for a return to the original purity of Islaam and its laws. However, factionalism has continued to the present day, in spite of an increase in institutional teaching of comparative Fiqh.
Taqlid的兴起(183)
Emergence Of Taqleed (183)
这一时期的学者放弃了一切形式的Ijtihaad(独立判断),并一致作出裁决,旨在永久关闭Ijtihaad之门。他们的理由是,所有可能出现的问题都已被提出并得到解答,因此不再需要进一步的Ijtihaad。184 随着这一步骤,一种新的Madhhab(学派)观念兴起,即必须遵循四大学派之一,其伊斯兰信仰才算有效。久而久之,这一观念在民众和教法学者中都牢牢扎根。于是,伊斯兰教本身被局限在现存的四大学派之内:哈乃斐派、马立克派、沙斐仪派和罕百里派。这些法学派别被视为伊斯兰教的神圣体现,都被认为完全正确、彼此平等,并且代表真正的伊斯兰教,然而它们之间存在着数不清的分歧。事实上,这一时期的一些学者对某些圣训作出这样的解释,以证明先知穆罕默德ﷺ本人曾预言伊玛目及其学派的出现。因此,任何超越这些经典学派的尝试都被视为异端,而拒绝遵循其中任何一个学派的人则被视为叛教者。这一阶段极端保守的学者甚至裁定,凡被发现从一个学派转向另一个学派的人,都要由当地法官酌情处罚。哈乃斐学派还作出裁决,禁止哈乃斐派的人与沙斐仪派的人结婚。185 甚至伊斯兰教第二重要的支柱——礼拜(Salaah),也未能逃脱学派狂热的影响。各学派的追随者开始拒绝在其他学派的伊玛目身后礼拜。这导致在存在多个学派的清真寺社群中,出现了各自分开的礼拜壁龛。186 如今在叙利亚等地仍能见到这类清真寺,那里的逊尼派穆斯林遵循哈乃斐学派或沙斐仪学派。连最神圣的清真寺——象征穆斯林团结与伊斯兰教的禁寺(al-Masjid al-Haraam),也受到了影响:在克尔白周围设置了多个独立的拜殿,每个法学派各有一处,由该学派的伊玛目领拜。到了拜功时间,某一学派的伊玛目便带领本学派的信众礼拜;随后另一学派的伊玛目再带领其信众礼拜,依此类推。值得注意的是,各学派在克尔白周围的独立礼拜处一直保留到二十世纪的前四分之一时期,直到阿卜杜勒-阿齐兹·伊本·沙特及其军队于1924年10月攻占麦加,才使所有礼拜者统一在同一位伊玛目身后礼拜,不再区分其所属的学派。
The scholars of this period left all forms of Ijtihaad and unanimously issued a legal ruling, which was intended to close the door of Ijtihaad permanently. They reasoned that all possible issues had already been raised and addressed, and there was therefore no need for further Ijtihaad.184 With that step, a new concept of Madhhab arose, namely that one of the four Madh-habs had to be followed for one’s Islaam to be valid. In time this concept became firmly embedded among the masses as well as the scholars of Fiqh. Thus, the religion of Islaam itself became restricted within the confines of the four existing Madh-habs; Hanafee, Maalikee, Shaafi’ee and Hamblee. These schools of law came to be considered divinely ordained manifestations of Islaam. All of them were supposed to be completely correct, equal and representative of true Islaam, yet there were innumerable differences among them. In fact there were scholars in this period who interpreted some Hadeeths in such a way as to prove that the Prophet (s.w.) him-self had predicted the appearance of the Imaams and their Madh-habs. Consequently, any attempt to go beyond these canonical Madh-habs was considered heretical and anyone who refused to follow one of these Madh-hab was classified an apostle. The hyper conservative scholars of this stage even went so far as to rule that whoever was caught transferring from one Madh-hab to another was liable to punishment at he discretion of the local judge. A ruling was also made in the Hanafee Madh-hab prohibiting the marriage of a Hanafee to a Shaafi’ee.185 And even the second most important pillar of Islaam, Salaah, was not spared the effects of Madh-hab fanaticism. The followers of the various Madh-habs began to refuse to pray behind the Imaams from other Madh-habs. This resulted in the building of separate prayer niches in the masjid186 communities where more than one Madh-hab existed. Masjids of this type can still be seen in places like Syria, where Sunni Muslims follow either the Hanafee or Shaafi’ee Madh-hab. Even the most holy masjid, al-Masjid alHaraam of Makkah, which represents the unity of Muslims and the religion of Islaam, was affected. Separate prayer niches were set up around the Ka’bah: one for an Imaam from each of the schools. And when the time for Salaah came, an Imaam from one of the Madhhabs would lead a congregation of followers from his Madh-hab in prayer; then another Imaam from one of the other Madh-habs would lead his congregation of followers and so on. It is interesting to note that separate places of prayer for each of the Madh-habs remained around the Ka’bah until the first quarter of the twentieth century when ‘Abdul-‘Azeez ibn Sa’oud and his army conquered Makkah (October of 1924) and united all worshippers behind a single Imaam regardless of his or their Madh-habs.
taqlīd 的理由
Reasons For Taqleed
taqleed(盲目遵从)必须与ittibaa'(理性遵循)区分开来。遵循前人的裁决是正常而自然的原则。事实上,正是通过紧密遵循对伊斯兰的早期诠释,伊斯兰的讯息才得以历经岁月而未被扭曲。因为那些早期的诠释建立在先知ﷺ所获得的天启以及他受神圣指引的生活方式之上。先知ﷺ自己说过:最好的世代是我的世代,其次是紧随我的世代,再其次是紧随那一代的世代。187然而,除先知ﷺ外,早期世代的穆斯林并非绝对无误,因此即便是那些早期的诠释,也不应当盲目遵从,而应顾及能够帮助我们辨别是非的若干基本理性原则。在本书中,taqleed(盲目遵从)一词用来指那些奴性地遵循某一个madh-hab(教法学派),而无视其中他们所看到之错误的人的行为。至于普通民众,他们没有能力在存疑的情况下independently(独立)作出判断,他们应当遵循自己所能获得的任何知识,保持开放的心态,并尽可能依靠思想开明的学者。
Taqleed (blind following) has to be distinguished from Ittibaa’ (reasoned following). The principle of following the rulings of our predecessors is normal and natural. In fact, it is by closely following earlier interpretations of Islaam that the message of Islaam remains uncorrupted through time. For, those early interpretations were founded on the Prophet’s (s.w.) divine inspiration and his divinely guided life style. The Prophet (s.w.) himself said that the best generation was his generation, then the generation following his, and then the generation following that.187 However, since Muslims of earlier generation, with the exeption of the Prophet (s.w.), were not infallible, even those earlier interpretations should not be followed blindly without without regard to certain basic principles of reason which enable us to distinguish between right and wrong. In this book the term Taqleed (blind following) is used to refer to the actions to those who slavishly follow a single Madh-hab regardless of errors that they see. As for the common people who do not have the knowledge to make independent decisions in doubtful situations, it is for them to follow whatever knowledge is available to them, keep their minds open and rely on open-minded scholars as much as possible.
taqleed(模仿/盲从)的出现,是由若干因素造成的,这些因素既有来自各学派内部的,也有来自外部的,并影响了教法学(Fiqh)的发展以及学者们的态度。无法将某一个原因单独认定为主要原因,也无法穷尽所有因素。以下只是导致这一停滞阶段的几个较为明显的因素。
Taqleed was the result of a number of factors, internal and external to the Madh-habs, which affected the development of Fiqh and the attitude of scholars. No one cause can be singled out as the main cause nor can all of the factors be identified. The following only a few of the more obvious factors which led to this stage of stagnation.
1. 伊斯兰教法学派已经完全形成,各项细节也已被详尽地推演出来。由于推论式教法学(al-fiqh al-taqdiri)的广泛发展,已发生的事情和可能发生的事情,其律例都已被推导并记录下来。这使得独立思考(Ijtihaad)和创新的空间变得很小,于是人们逐渐形成了过度依赖各学派前代学者著作的倾向。
1. The schools of Fiqh were completely formed and the minutest of details worked out. The laws for what had occurred, as well as what might occur, were already deduced and recorded due to the extensive development of speculative Fiqh. This left little room for Ijtihaad and originality. As a result, they’re developed and over dependence on the works of earlier scholars of the Madhhabs.
2. 阿拔斯哈里发王朝以恢复伊斯兰教法昔日地位为旗号上台,后来其权力落入哈里发的大臣(wazeers,宰相)手中,他们中许多人是什叶派。帝国最终分裂为若干小国。