《教法汇编》
Compilation Of Fiqh
导致“taqlīd”(墨守成规)的那些因素,同样促使学者们把自己的创作活动局限于编辑和修订前人的著作。早期学者的教法学(Fiqh)著作被压缩,并有人为之编写节要。这些节要后来又被进一步缩短,以便于背诵,其中许多还被编成了韵文。这种压缩的过程一直持续下去,直到最终得出的摘要对当时的学生来说几乎成了谜语。后一代学者开始为这些摘要和诗体作品撰写注释。再后来的学者又为这些注释写疏解,还有人为这些疏解添加脚注。
The same factors which led to Taqleed also caused scholars to confine their creative activity to merely editing and revising previous works. The Fiqh books of earlier scholars were condensed and abridgements of them were made. These abridgements were later shortened in order to make them easy to memorize, and many of them were actually put to rhyme. This process of condensing continued until the summaries, which resulted, became virtual ridles to the students of the day. The following generation of scholars began to write explanations of the summaries and poems. Later scholars wrote commentaries on the explanations and others added footnotes to the commentaries.
在这一时期,出现了一些关于伊斯兰教法基础(教法根源学,Usool al-Fiqh)的著作。这些著作阐明了进行伊智提哈德(Ijtihaad,独立推理)的正确方法,而学者们所设定的条件非常严格,以至于不仅把他们当时的学者排除在外,也把许多早先曾进行过伊智提哈德的学者排除在外。
During this period some books on the fundamentals of Fiqh (Usool al-Fiqh) were written. In these works, the correct method of making Ijtihaad was outlined and the conditions which were laid down by these scholars were so strict that they excluded not only the scholars of their time but also many of the earlier scholars who had made Ijtihaad.
在这一时期,也有少数关于比较教法学(Fiqh)的著作问世。与前一时期一样,这些著作搜集了各学派的观点及其证据,并加以评析。然而,著作者们随后将那些属于其本人所遵循学派的观点,定为最为正确的见解。
There were also a few books, which were written, on comparative Fiqh during this period. As in the previous period, the opinions of the Madh-habs and their proofs were collected and criticized in these books. The authors then defined as most accurate those opinions, which were held by their particular Madh-hab.
在这一时期接近尾声时,奥斯曼哈里发曾在其主持下尝试将伊斯兰法编纂成典。一个由七位顶尖的教法学者组成的小组受命完成此项工作。该工作于公元1876年完成,并由苏丹作为法律在整个奥斯曼帝国内颁行,名为《公正法典》(Majallah al-Ahkaam al-‘Aadilah)189。然而,即便是这一看似高尚的尝试,也受到了教派偏执的影响。
Toward the end of this period, an attempt was made to codify Islamic law under the auspices of the ottoman caliphs. A panel of seven top ranking scholars of Fiqh was formed and entrusted with the job. It was completed in 1876 CE and enforced as law by the Sultan throughout the Ottoman Empire under the title Majallah al-Ahkaam al-‘Aadilah (The Just Codes)189. However, even this seemingly noble attempt was affected by Madh-hab fanaticism.
委员会中的所有学者都来自哈纳斐学派。因此,最终制定的法典完全忽视了其他学派对伊斯兰教法(Fiqh)所做的贡献。
All of the scholars on the committee were appointed from the Hanafee Madh-hab. Consequently, the resulting code totally ignored the contributions of the other Madh-habs to Fiqh.
随着哥伦布和瓦斯科·达·伽马的远航,西欧各国开始掌控国际贸易的航线和资源。此后,欧洲的帝国主义扩张从爪哇开始——1684年,爪哇落入荷兰人之手——并逐步吞并了东亚的穆斯林国家。1699年,特兰西瓦尼亚和匈牙利从奥斯曼人手中落入奥地利;1768至1774年的俄土战争中,奥斯曼人败于俄罗斯,此后奥斯曼帝国的欧洲领土也相继一块接一块地丧失。190 这一进程最终在第一次世界大战期间导致奥斯曼帝国彻底解体,其领土被瓜分为殖民地和保护国。
With the expeditions of Columbus and Vasco de Gama, Western European states began to capture the routes and sources of international trade. Subsequently, European imperialism beginning with Java, which fell to the Dutch in 1684, absorbed Muslim East Asian states. After Transyvania and Hungary fell from ottoman hands to Austria in 1699 and the defeat of the Ottomans by Russia in the Russo-Turkish war of 1768-74, the European territories of the Ottoman Empire were soon lost, one after another.190 This process culminated in the total dissolution the Ottoman Empire during the First World War and its division into colonies and protectorates.
因此,欧洲的法典取代了整个穆斯林世界的伊斯兰法律。
Consequently, European law codes replaced Islamic laws throughout the Muslim world.
尽管欧洲殖民主义在数年前已正式结束,除沙特阿拉伯、巴基斯坦和伊朗之外,伊斯兰法在所有穆斯林国家中大多仍处于搁置状态。沙特阿拉伯已依照罕百里学派(Hambalee Madh-hab)将伊斯兰法编纂成法典;巴基斯坦在很大程度上依照哈乃斐学派(Hanafee Madh-hab);伊朗则于近年依照扎法尔学派(Ja’faree Madh-hab)完成了同样的工作。191
Although European colonialism was officially ended some years ago, Islamic law has remained in disuse in all Muslim countries with the exception of Saudi Arabia which has codified Islamic law according to the Hambalee Madh-hab, Pakistan to a large degree according to the Hanafee Madh-hab and Iran which has recently done so according to the Ja’faree Madh-hab. 191
189 Anwar Ahmed Qadri, Islamic Jurisprudence in the Modern World(拉合尔,巴基斯坦:Ashraf,第一版,1963年)第65页。
189 Anwar Ahmed Qadri, Islamic Jurisprudence in the Modern World, (Lahore, Pakistan: Ashraf, First edition 1963) p. 65.
190 《现代世界中的伊斯兰教法》,第85页。 191 十二伊玛目派(什叶派)的教法学派(Fiqh Madh-hab),该派伪托于伊玛目贾法尔·萨迪克(卒于公元765年)。
190 Islamic Jurisprudence in the Modern World, p. 85. 191 The Fiqh Madh-hab of the Ithnaa ‘Ashreeyah (Twelver) Shi’ite sect falsely attributed to Imaam Ja’far as-Saadiq (d.765 CE).