13.2 督责的义务
13.2 The duty of taking to task
清算的权利:
The right of accounting:
穆斯林有权就政事被哈里发征询意见,也有责任监督统治者的言行。安拉(SWT)责成穆斯林向统治者问责,并以明确的命令要求他们在统治者侵犯民众权利、怠于履行职责、疏忽任何政务、违背伊斯兰律法,或不依安拉的法度统治时,向其问责并促使其改正。穆斯林圣训学家穆斯林(Muslim)记载,乌姆·赛莱麦(愿安拉喜悦她)传述:安拉的使者ﷺ曾说:……
The Muslims have the right to be consulted by the Khalifah and they must also account the rulers regarding their actions and practices. Allah (S.W.T) obliged the Muslims to account the rulers, and He commanded them in a decisive way to account them and change them if they transgressed against the rights of the citizens, failed in their duties towards them or neglected any of her affairs, or violated the rules of Islam, or governed by other than the rules of Allah. It was narrated by Muslim from Umm Salamah (ra) that the Messenger of Allah (PBUH) said: .
“将会有一些统治者(amirs),你们会认同他们所做的一些事,也会反对其中一些。所以,认可(其所做之事是真理)的人便无罪;反对(其恶行)的人便免于责任;但那些接受并追随的人呢?(他并不能免于责任)。”有人问:“难道我们不应该与他们作战吗?”他说:“不,只要他们还在礼拜。”
"There will be amirs, you would agree on some of what they do and reject some. So, whoever acknowledged (the truth of what they do) he would be free (of sin), and whoever rejected (the wrong) he would be safe (of responsibility), but what about the one that accepted and followed? (He would not be safe). They said: Should not we fight against them? He said: No, as long as they pray." .
在此处,礼拜是伊斯兰教统治的标志。
Prayer here is indication of ruling by Islam. .
穆斯林中,以‘Umar为首的一些人,在叛教者问题刚出现时,曾反对Abu Bakr关于与叛教者作战的决定。
Muslims, led by ‘Umar, denied the decision of Abu Bakr regarding the fight against the apostates when the issue first arose. .
布哈里和穆斯林从艾卜·胡莱赖传述,他说:
Al-Bukhari and Muslim narrated from Abu Hurairah, he said: .
当安拉的使者ﷺ去世,艾布·伯克尔(愿安拉喜悦他)成为哈里发,部分阿拉伯人叛教时,欧麦尔(愿安拉喜悦他)说:当安拉的使者ﷺ曾说过:……时,你们怎么还能去与众人作战呢?
"When the Messenger of Allah (PBUH) passed away, and Abu Bakr (ra) became Khalifah and some Arabs apostasised, ‘Umar (ra) said: How do you fight against the people when the Messenger of Allah (PBUH) said: .
"我奉命与人们作战,直到他们说"除真主外,别无应受崇拜者"。谁说了这句话,他的财产和生命就受我保护,除非依据其应有的权利;至于他的清算,则由真主负责。"[布哈里,《古兰经注》未,#2946]
'I have been commanded to fight against the people till they say la ilaha illa Allah. Whoever said it he would have protected from me his wealth and blood except for its due right, and his account will be with Allah.' [Bukhari, Sahih, #2946]. .
艾布·伯克尔回答说:"以安拉发誓,凡是把拜功和天课区分开来的人,我都要与他们作战,因为天课是财产上应尽的义务。以安拉发誓,即使他们拒绝向我交纳过去向安拉的使者ﷺ交纳的那只小山羊,我也要为他们拒绝交纳而与之作战。"欧麦尔(愿安拉喜悦他)说:"以安拉发誓,安拉很快就开启了艾布·伯克尔的心扉,于是我知道这是真理。"
Abu Bakr replied, “By Allah, I will fight against the one that differentiated between the prayer and the Zakah, for the Zakah is a right due on the wealth. By Allah, if they refused to pay me the young she-goat they used to pay to the Messenger of Allah (PBUH); I would fight against them for refusing to pay it.” ‘Umar (ra) said, “By Allah, it was Allah that soon opened the heart of Abu Bakr, so I knew it was the truth.".
bilal ibn Rabah 和 Al-Zubayr 以及其他人也反对 ‘Umar 将伊拉克的土地分给参战者。一个贝都因人也反对 ‘Umar 圈占某些土地。Abu ‘Ubayd 在《Al-Amwal》中从 ’Aamir ibn Abdullah ibn Al-Zubayr 处转述,他从其父那里得知,他说:“一个贝都因人来见 ‘Umar,说:‘amir ul-mu'minin 啊,这些土地是我们在蒙昧时期为之战斗的,我们是在被亏欠的情况下皈依伊斯兰的;那你为什么要圈占它呢?”‘Umar 低下头,开始吹气并捻着自己的胡须。他在忧虑某事时就会捻须吹气。那贝都因人看到他这样,便开始向他重复这个问题。‘Umar 说:“财富属于真主,众人是真主的仆人。凭真主起誓,如果我不为 fi sabi lillah 的事情承担责任,我绝不会圈占一寸土地。”随后,‘Umar 为穆斯林的战马圈占了一些公有土地。一位妇女也质疑他禁止民众将聘礼(mahr)定得超过四百第尔汗的规定。她对他说:“‘Umar 啊,你无权这样做。你没有听过真主(S.W.T)的话吗?”
Bilal ibn Rabah and Al-Zubayr and others have also rejected that ‘Umar should not divide the land of Iraq among the fighters. A Bedouin also denied that ‘Umar should protect some land. Abu ‘Ubayd narrated in Al-Amwal from ’Aamir ibn Abdullah ibn Al-Zubayr, from his father that he said: "A Bedouin came to ‘Umar and said, ‘O amir ul-mu'minin. It is our land in jahiliyyah which we fought for, and we embraced Islam while we were owed it; so why do you protect it?” ‘Umar bowed his head, and started to blow and twist his moustache. He used to twist his moustache and blow when something worried him. When the Bedouin saw that of him, he started to repeat the question to him. ‘Umar said, “The wealth belongs to Allah, and the people are the servants of Allah. By Allah, if I do not assume the burden of something fi sabi lillah I would not have protected an inch of land". ‘Umar had then protected some of the public property lands for the horses of Muslims (used in jihad). A woman also challenged his forbiddance to the people of taking more than four hundred dirhams as mahr. She said to him, “You have no right in that, O ‘Umar. Have you not heard the saying of Allah (S.W.T)? .
“而你们已经给了她们一大笔财产,那么,你们不可从中取回任何东西。”(《古兰经》4:20)
"And you have given one of them a sum of money (however great), take nothing from it".” [TMQ 4: 20].
他回答说:“一位妇女说得对,而欧麦尔犯了错。”
He responded by saying, “A woman said the right and ‘Umar made a mistake.” .
‘Ali(ra)也曾与‘Uthman(ra)在他担任埃米尔·穆米宁(amir al-mu'mineen)期间,就完成哈吉和乌姆拉的问题持不同看法。艾哈迈德以可靠的传述链记载,阿卜杜拉·伊本·祖拜尔说:"我们与‘Uthman在Al-Juhfah,当时有一些来自沙姆的人与他在一起,其中包括哈比布·伊本·马斯拉马·法赫里。当有人向他提起以感恩之心进行的(tamattu')乌姆拉直到哈吉的做法时,‘Uthman说:‘在哈吉月份内同时进行哈吉和乌姆拉,并不是最好的。更好的是把这次乌姆拉推迟,直到你们两次朝拜这座天房,因为安拉(S.W.T)使这件事对行善者宽广。’当时‘Ali ibn Abu Talib在山谷中给他的骆驼喂食。他得知了‘Uthman的看法,便走来站在‘Uthman面前说:‘你们是否要放弃先知穆罕默德ﷺ所推荐的一项逊奈,以及安拉(S.W.T)在其经典中允许仆人们的一项许可(rukhsah),而你们却要限制它、禁止它,而它本是为有需要的人和居住遥远的人所允许的?’‘Uthman转向众人说:‘我禁止了吗?我没有禁止。那只是我提出的一个建议;谁愿意,可以采纳;谁愿意,可以放弃。’”
’Ali (ra) also contested ‘Uthman (ra) when he was amir al-mu'mineen in his view of completing the hajj and umrah. Ahmad narrated through sound isnads from Abdullah ibn Al-Zubayr that he said: "We were with ‘Uthman in Al- Juhfah, while some people from Al-Sham were with him including Habib ibn Maslamah Al-Fahree. ‘Uthman said when it was mentioned to him content with (tamattu') umrah till hajj, “The best for hajj and umrah not to be both in months of hajj. It would be better to delay this umrah till you visit this house twice, for Allah (S.W.T) made it spacious for goodness.” Ali ibn Abu Talib was in the valley feeding his camels. He got knowledge of the view of ‘Uthman, so he came till he stopped before ‘Uthman and said: “Do you turn to a Sunnah recommended by the Messenger of Allah (PBUH) and a permission (rukhsah) Allah (S.W.T) allowed to the servants in His Book, you restrict it to them and you forbid it, when it was permitted to a person of a need and to a person of distant home?” ‘Uthman turned to the people and said, “Did I forbid it? I did not forbid it. It was only a view I advised; so whoever willed he can take it, and whoever willed he can leave it".” .
因此,乌玛的议会拥有协商(舒拉)的权利,并负有问责的义务。
Therefore, the council of the Ummah has the right of shura and is obliged to account. .
由此可见,协商(shura)与问责之间的区别是清楚的。协商是在做出决定之前征求意见或听取意见;而问责则是在做出决定或执行工作之后提出异议。
The difference between the shura and accounting is thus clear. Shura is seeking an opinion or listening to it before taking the decision; whilst accounting is objection after taking the decision or execution of the work.