2 引言
2 Introduction
在详细阐述哈里发国家的各项国家机构之前,有必要先提及以下几点: 1. 真主万有的主所制定的伊斯兰统治制度,是哈里发制度,即通过宣誓效忠(bay'ah)任命哈里发。这一制度以真主的经典、其使者ﷺ的圣行以及圣门弟子的公议(ijma')为依据。真主说:{故你当依真主所降示的经典,在他们之间进行判决,不要舍弃降临你的真理而顺从他们的私欲……} [5:48]
Before elaborating on the details of the institutions of state in the Khilafah, it is necessary to mention the following points: 1. The ruling system in Islam, ordained by the Lord of the worlds, is the Khilafah system, in which a Khalifah is appointed by a bay’ah. This is established by the book of Allah, the Sunnah of His Messenger and the ijma’ of the Sahabah. Allah says: (So judge between them by that which Allah has revealed and follow not their desires away from the truth that has come to you...) [5:48]
他还说:(你当依真主所降示的经典在他们之间作出裁决,不要顺从他们的私欲,并要提防他们,免得他们诱惑你偏离真主降示你的部分经训……) [5:49]
He also says: (Judge between them by that which Allah has revealed and follow not their desires and beware of them lest they seduce you from some part of that which Allah has revealed to you...) [5:49]
这是对安拉给予使者的指令的解释,即依照安拉所降示的律法进行裁决,这同时也是对他的乌玛(穆斯林群体)的训示。这意味着他们必须委任一位追随安拉的使者、依照安拉所降示的律法统治他们的统治者。安拉的经文中所含的命令表明其具有决定性,因为与祂的言辞相关的主题是一项(法尔德,即必尽的义务)。根据法理学(乌苏勒)的学科,这是一个确定的证据(伽里那)。事实在于,执行刑罚(哈杜德)和各项律例(艾哈坎)是必尽的义务,而它们只有通过统治者才能执行。凡是完成一项义务所必需的事,本身也是义务,因此,委任一位确立天经律法(沙里尔)的统治者是必尽的义务。此处的统治者即哈里发,其制度即哈里发制度。
This instruction from Allah to the Messenger regarding ruling by that which Allah had revealed is also an instruction a speech to his Ummah. It means they have to appoint a ruler following the Messenger of Allah that governs them by that which Allah has revealed. The command contained in Allah’s words indicates decisiveness because the subject-matter pertaining to His speech is that of a (fard). This is a definitive indication (qarinah) according to the science of usul (principles of jurisprudence). from the fact that the execution of the legal punishments (hudud) and the various rules (ahkam) are obligatory and they cannot be implemented except by a ruler. That which is necessary for implementing an obligation is itself obligatory, therefore, appointing a ruler that establishes the divine law (shara’) is obligatory. The ruler in this case is the Khalifah, and the system is the Khilafah system. .
关于圣行(逊奈),纳菲尔传述:阿卜杜拉·本·欧麦尔说:
Regarding the Sunnah, it was narrated from Nafi' that Abdullah ibn ‘‘Umar said: .
“我听到安拉的使者ﷺ说:‘谁从服从(伊玛目)的义务中抽手,他在复活日见安拉时将没有任何证据;谁死时颈上没有效忠誓约(Bai'ah),他就是死于蒙昧时代(Jahiliyyah)的死亡。’”[穆斯林,《圣训实录》,第1851条]
"I heard the Messenger of Allah say: 'Whoever withdraws his hand from obedience (to the Amir) will find no proof for himself when he meets Allah on the Day of Judgment, and whoever dies without having an oath of allegiance (Bai'ah) on his neck he would die the death of Jahiliyyah."' [Muslim, Sahih, #1851] .
先知要求每位穆斯林颈上都有效忠的誓约(bay’ah)。他形容那颈上没有这种誓约便死去的人,是死于jahiliyyah(蒙昧时代)之死。先知ﷺ之后,效忠誓约只给予哈里发(Khalifah)。既然这段圣训要求每位穆斯林颈上都有效忠誓约,它也就要求任命一位哈里发。
The Prophet obliged every Muslim to have a pledge of allegiance (bay’ah) on his neck. He describes the one that dies without having such a bay’ah on his neck as dying a death of jahiliyyah. After the Messenger of Allah , bay’ah is only given to the Khalifah. Since the hadith obliges the existence of a bay’ah on the neck of every Muslim it also obliges the appointment of a Khalifah. .
穆斯林记载:阿拉吉传述,艾布·胡莱赖传述,先知ﷺ说:
Muslim narrated from Al-Araj on the authority of Abu Hurairah that the Prophet said: .
“诚然,伊玛目是一面盾牌,人们在他身后作战,并借助他来保护自己。”[穆斯林,《圣训实录》,第1841条]
“Indeed the Imam is a shield, from behind whom one would fight, and by whom one would protect oneself.” [Muslim, Sahih, #1841] .
穆斯林还在阿布·哈齐姆的转述中提到,他说:“我陪伴艾布·胡莱赖five年,他向我们转述先知ﷺ的话:‘先知ﷺ统治以色列的子孙,每当一位先知去世,就会有另一位先知接替他,但我之后不会再有先知。将会有哈里发出现,而且人数众多。’他们问:‘那么您命令我们做什么?’他说:‘向他们履行效忠宣誓,一个接一个,并把他们应得的权利交给他们,因为真主必定会就他们所托付的事情而追究他们。’”[布哈里,《沙希赫》,#3455;穆斯林,《沙希赫》,#4750]
Muslim also reported on the authority of Abu Hazim that he said: “I accompanied Abu Hurairah for five years, and he informed us of the Prophet saying: “The Prophet ruled over the children of Israel, whenever a Prophet died another Prophet succeeded him, but there will be no Prophet after me. There will soon be Khulafa’ and they will number many.” They asked: ‘what then do you order us?’ He said: “Fulfil the Bay’ah to them, one after the other and give them their dues for Allah will verily account them about what he entrusted them with.”” [Bukhari, Sahih, #3455 and Muslim, Sahih, #4750] .
在这些圣训中,哈里发被描述为盾牌,即保护者。将伊玛目比作盾牌,暗含着对穆斯林中在使者(愿主福安之)之后依真主所降示之法治理的统治者的赞美,此人被称为哈里发。因此,这种统治制度被称为哈里发制度。还可以从其他证据中推导出更多内容。
In these Ahadith, there is a description of the Khalifah as being a shield, i.e. a protection. The description of the Imam as a shield implies praise for the The ruler that governs amongst Muslims after the Messenger of Allah , with that which Allah revealed, is called the Khalifah. Accordingly, the ruling system is called the Khilafah system. Further evidence can be derived
由于执行刑罚(hudud)和各项律法(ahkam)是义务性的,而且这些只能由统治者来实施,因此,凡是实现义务所必需的事物本身也是义务的。所以,设立一位统治者来施行伊斯兰教法(shara')是义务。这里的统治者即哈里发(Khalifah),其制度即哈里发制度(Khilafah)。
from the fact that the execution of the legal punishments (hudud) and the various rules (ahkam) are obligatory and they cannot be implemented except by a ruler. That which is necessary for implementing an obligation is itself obligatory, therefore, appointing a ruler that establishes the divine law (shara’) is obligatory. The ruler in this case is the Khalifah, and the system is the Khilafah system. .
关于圣行(逊奈),纳菲尔传述:阿卜杜拉·本·欧麦尔说:
Regarding the Sunnah, it was narrated from Nafi' that Abdullah ibn ‘‘Umar said: .
“我听到安拉的使者ﷺ说:‘谁从服从(伊玛目)的义务中抽手,他在复活日见安拉时将没有任何证据;谁死时颈上没有效忠誓约(Bai'ah),他就是死于蒙昧时代(Jahiliyyah)的死亡。’”[穆斯林,《圣训实录》,第1851条]
"I heard the Messenger of Allah say: 'Whoever withdraws his hand from obedience (to the Amir) will find no proof for himself when he meets Allah on the Day of Judgment, and whoever dies without having an oath of allegiance (Bai'ah) on his neck he would die the death of Jahiliyyah."' [Muslim, Sahih, #1851] .
先知要求每位穆斯林颈上都有效忠宣誓(bay’ah)。他称那颈上没有此类效忠宣誓而死的人,是死于蒙昧时代(jahiliyyah)的死亡。在使者之后,效忠宣誓只向哈里发(Khalifah)givens。由于这段圣训要求每位穆斯林颈上都存在效忠宣誓,因此它也要求任命一位哈里发。
The Prophet obliged every Muslim to have a pledge of allegiance (bay’ah) on his neck. He describes the one that dies without having such a bay’ah on his neck as dying a death of jahiliyyah. After the Messenger of Allah, bay’ah is only given to the Khalifah. Since the hadith obliges the existence of a bay’ah on the neck of every Muslim it also obliges the appointment of a Khalifah. .
穆斯林记载:阿拉吉传述,艾布·胡莱赖传述,先知ﷺ说:
Muslim narrated from Al-Araj on the authority of Abu Hurairah that the Prophet said: .
“诚然,伊玛目是一面盾牌,人们在他身后作战,并借助他来保护自己。”[穆斯林,《圣训实录》,第1841条]
“Indeed the Imam is a shield, from behind whom one would fight, and by whom one would protect oneself.” [Muslim, Sahih, #1841] .
穆斯林还在阿布·哈齐姆的转述中提到,他说:“我陪伴艾布·胡莱赖five年,他向我们转述先知ﷺ的话:‘先知ﷺ统治以色列的子孙,每当一位先知去世,就会有另一位先知接替他,但我之后不会再有先知。将会有哈里发出现,而且人数众多。’他们问:‘那么您命令我们做什么?’他说:‘向他们履行效忠宣誓,一个接一个,并把他们应得的权利交给他们,因为真主必定会就他们所托付的事情而追究他们。’”[布哈里,《沙希赫》,#3455;穆斯林,《沙希赫》,#4750]
Muslim also reported on the authority of Abu Hazim that he said: “I accompanied Abu Hurairah for five years, and he informed us of the Prophet saying: “The Prophet ruled over the children of Israel, whenever a Prophet died another Prophet succeeded him, but there will be no Prophet after me. There will soon be Khulafa’ and they will number many.” They asked: ‘what then do you order us?’ He said: “Fulfil the Bay’ah to them, one after the other and give them their dues for Allah will verily account them about what he entrusted them with.”” [Bukhari, Sahih, #3455 and Muslim, Sahih, #4750] .
在伊mam在场的情况下,这便成为一种要求(talab)。这是因为,当真主或祂的使者告知我们某件包含谴责的事时,这被视为要求我们远离它;同样,当经文中包含对某一行为的赞扬时,则被视为要求我们去履行它。如果所命令的行为是实施天启律法所必需的,或者忽视它将导致天法被弃置,那么这就是一种决定性的要求。这些圣训还告诉我们,管理穆斯林事务的人是哈里发(Khulafa’),这表明有命令要任命他们。此外,真主的使者命令穆斯林服从哈里发,并与那些在其统治权问题上争议的人作战,这证明任命一位哈里发并以战斗捍卫其哈里发职位、抵抗那些质疑其统治权的人,是一项义务。穆斯林(Muslim)记载,真主的使者ﷺ说:
presence of the Imam, making it a request (talab). This is because when Allah or His Messenger informs us about something that includes a rebuke, this is taken as a request to abstain from it. Similarly, when the text contains praise for an action it is taken as a request to perform it. If the commanded action is needed to implement the divine rule, or if its neglect would cause the divine law to be abandoned, then this is a decisive request. These ahadith also inform us that those who run the affairs of the Muslims are the Khulafa’, which indicates a command to appoint them. Moreover, the Messenger of Allah ordered the Muslims to obey the Khulafa’ and to fight those who dispute with them regarding their authority, which proves that it is an obligation to appoint a Khalifah and protect his Khilafah by fighting those who dispute his authority. Muslim reported that the Messenger of Allah said: .
“凡向一位伊玛目宣誓效忠(Bay'ah),与他握手立约,并真心诚意地归附他的,就应当尽力服从他。如果另有人前来与他争夺权位,你们就应当斩掉那人的脖子。”[穆斯林,《萨希哈》,#1844]
“Whosoever gave a Bay’ah to an Imam, giving him the clasp of his hand, and the fruit of his heart shall obey him as long as he can, and if another comes to dispute with him, you must strike the neck of that man.” [Muslim, Sahih, #1844] .
因此,服从伊玛目的命令,就是设立他的命令(译者注:如果他不存在,又怎能被服从呢?)。此外,与他争执者必须对抗的命令,也是维持一位哈里发存在这一决定性事项的累积证据。
Therefore the command to obey the Imam is an order to appoint him (translator: for how can he be obeyed if he does not exist?). Furthermore the command to fight those who dispute with him is cumulative evidence for the decisive matter of maintaining the presence of one Khalifah. .
至于圣门弟子的伊吉玛(Ijma'),他们(愿真主喜悦他们所有人)一致认为,在安拉的使者去世后必须设立一位继承者,即哈里发。他们一致推举艾布·伯克尔为哈里发,并在他去世后推举欧麦尔(ra)为继承者。同样,他们在奥斯曼去世后推举阿里(ra)为继承者。圣门弟子对设立哈里发之重要性的普遍共识,在安拉的使者ﷺ去世时得到了明显体现:他们把为其选定继承者的任务置于为其安葬之前,尽管众所周知,人死后及时安葬是必须履行的义务。
As for the Ijma’ of the Sahabah, they (may Allah be pleased with them all) agreed upon the necessity of establishing a successor (i.e. Khalifah) to Allah’s Messenger after his death. They all agreed to appoint Abu Bakr as the Khalifah and upon his death to appoint ‘Umar (ra) as his successor. Similarly they appointed ‘Ali (ra) as the successor to ‘Uthman upon his death. The general consensus of the Sahabah on the importance of appointing a Khalifah manifested itself emphatically upon the death of the Messenger of Allah where they prioritised the task of appointing a successor to him over his burial, even though it is known that the burial of the dead person after his death is obligatory. .
哈里发制度并非共和制。共和制的出现是对君主专制暴政的反应。在君主制下,国王按自己的意愿治理国家和人民,因此国王随心所欲地颁布法律。共和制则试图通过民主将主权和权力转移给人民,于是人民开始立法,可以随意允许或禁止任何事情。实际的权力被转移到共和制总统、其内阁以及共和制众议院部长们手中。在一些君主制国家中,权力也曾被移交给首相及其内阁,在这种情况下,国王或女王便只成为虚位的象征。
The Khilafah system is not republican. The republican system emerged as a reaction to the tyranny of monarchies, where Kings governed their countries and people as they wished. So a king would implement laws as he liked. The republican system attempted to transfer sovereignty and authority to the people through democracy. So the people began to legislate and could permit or forbid whatever they liked. Practical authority was transferred to the hands of a republican president, his cabinet and the ministers of a republican house of representatives. There are also cases where authority was handed over to a first minister and his cabinet in some monarchies in which case the King or Queen becomes a figure head only. .
伊斯兰教与所有这些体系都不同。在伊斯兰教中,立法权不属于人民,而仅属于安拉。除安拉之外,任何人都无权允许或禁止任何事情。在伊斯兰教中,把立法权交给人民是一项重大罪行。安拉在《古兰经》中说:(他们舍安拉而以他们的学者和修士为主宰),[TMQ 9:31]。
Islam is distinct from all of these systems. In Islam, the right of legislation is not for the people. It is rather for Allah alone, and nobody other than Allah has the right to allow or forbid anything. Giving the right of legislation to people is a great crime in Islam. Allah says in the Quran: (They have taken as lords beside Allah their rabbis and their monks), [TMQ 9:31] .
使者ﷺ解释了这节经文(ayah)所描述的情形:人们允许拉比和修士立法,与真主在他们所接受的经典中启示的内容相悖,他们在拉比和修士允许或禁止某些事物时服从他们。这就是把拉比和修士当作主宰而不是真主的含义。在伊斯兰教中,以真主之外的任何人为主宰称为以物配主(shirk),是最大的罪行。
The Messenger explained this verse (ayah) describing that the people allowed rabbis and monks to legislate contrary to what Allah had revealed in the scripture sent to them, where they obeyed them when they allowed and forbade things and obeyed them. This is the meaning of taking them (the rabbis and monks) as Lords besides Allah . In Islam, taking anyone other than Allah as Lord is called shirk and is the greatest of crimes. .
因此,这表明了追随立法者(即自行制定律法的人)而非追随安拉的重大罪行。提尔米兹圣训集记载,阿迪·本·哈提姆说:
Therefore, this indicates the great crime of following people who legislate (making their own rules) instead of following Allah . Tirmidhi reported through Adi ibn Hatim who said: .
我来到先知面前时,脖子上戴着一个金十字架。他说:“阿迪啊,把这偶像扔掉。”[提尔米兹,《逊南》,#3095]。我还听到他诵读《忏悔章》中的经文:“他们以学者和修士为主宰,舍安拉而崇拜他们。”他(先知ﷺ)说:“他们并没有崇拜他们,只是他们把安拉所禁止的事情视为允许,把安拉所允许的事情视为禁止,而他们便顺从了。”
“I came to the Prophet wearing a cross of gold on my neck. He said: “O Adi, throw away this idol.” [Tirmidhi, Sunan, #3095]. And I heard him read from surah of Bara’ah: (They took the rabbis and monks as lords beside Allah.) He (the Prophet) said: “They did not worship them, but what was forbidden for them they permitted and what was made lawful for them, they prohibited”. .
有许多著名的证据确证立法权唯属真主。
There are many famous evidences that confirm that legislation is for Allah alone. .
更糟糕的是,民主承认个人自由,使男女可以随心所欲,不遵守halal(合法)与haram(非法)的界限。在民主制度下,宗教自由允许叛教和改变宗教信仰,且没有任何限制。此外,所有权自由使强者能够通过腐败和欺骗的手段剥削弱者,从而使富人更富、穷人更穷。表达自由并非为了表达真理而被提倡,反而被用来侮辱乌玛的神圣事物,以至于那些借表达自由之名攻击伊斯兰的人被视为才智过人,并因其努力而受到奖赏。所有这些清楚地表明,伊斯兰的统治制度(哈里发制度)既不是君主制、帝制、联邦制、共和制,也不是民主制。
To compound matters further, democracy acknowledges personal freedom, where a man and woman can do whatever they like without observing halal and haram. In a democracy, religious liberties allow apostasy and change of religion without any restriction. Furthermore, freedom of ownership allows the strong to exploit the weak through corrupt and deceptive means thus increasing the wealth of the rich and impoverishing the poor. Freedom of expression is not advocated to express the truth, rather it is used to insult the sanctities of the Ummah, to the point that those who attack Islam under the guise of freedom of expression are considered to have a keen intellect and are rewarded for their efforts. All of this clearly demonstrates that the ruling system in Islam (the Khilafah) is not Monarchical, Imperial, Federal, Republican or Democratic. .
3. 哈里发国家的政府机构与当今所实行的统治制度中所知的机构不同,尽管某些部分可能看起来相似。哈里发国家的机构源自伊斯兰第一个国家的机构,该国家是安拉的使者ﷺ在从麦加迁徙后,于麦地那建立的。这一统治制度之后被继承他担任国家元首的正统哈里发们所遵循。
3. The governmental institutions of the Khilafah state differ from those known in currently applied ruling systems, even though some parts may appear to be similar. The institutions of the Khilafah state are derived from the institutions of the first Islamic State established by the Messenger of Allah in al-Madinah al-Munawwarah after his emigration from Makkah. . This ruling system was followed by the rightly guided khulafa’ who succeeded him as heads of state. .
经对相关伊斯兰文献的仔细考察可以发现,哈里发国家由以下机构组成:
Careful examination of the relevant Islamic texts reveals that the Khilafah state comprises the following institutions: .
1. 哈里发
1. The Khalifah .
2. 受委派的助手
2. The delegated assistants .
3. 行政助理
3. The executive assistants .
4. 统治者(Wulah)
4. The governors (Wulah) .
5. 圣战的埃米尔
5. The Amir of Jihad .