8.6 军队的师团
8.6 The army divisions
军队分为两个部分:"后备军",由所有能够履行军事职责的穆斯林组成;以及"正规军",即常备武装力量中的长期服役人员,他们和其他国家雇员一样,从国库领取薪饷。
The army is divided into two parts: The “Reserves”, which consists of all the Muslims who are able to perform the military tasks; and the “regulars” that are permanent conscripts in the armed forces and receive salaries from the State’s funds just like any other employee. .
这一点源于圣战的义务,因为每位穆斯林都受命履行圣战的责任,因而也有义务为此进行训练。至于设立常备军的必要性,则基于伊斯兰教法的原则,即“完成一项义务所必需的事物本身也是义务”。由于圣战的义务无法持续不断地履行,而伊斯兰和穆斯林若非依靠常备军的存在,便无法免受异教徒的侵害,因此伊玛目有义务为自己配备一支常备军。
This is derived from the obligation of Jihad, for verily every Muslim is commanded to perform the duty of Jihad, and hence is obliged to train for it. As for the need to have a regular army, this is based on the Shariah principle which States, ‘That which is necessary to accomplish a duty is itself a duty.’ Since the duty of Jihad cannot be carried out continuously, and Islam and Muslims cannot be protected from the kuffar, except through the presence of a permanent army, the Imam is therefore obliged to have a regular army at his disposal. .
关于武装力量的薪酬分配,很明显,他们应当与其他任何雇员一样对待。非穆斯林并不被要求参加圣战(吉哈德),但如果他参加了,这是可以接受的,并且允许为此向他支付报酬、为他拨付经费。这是依据提尔米兹圣训集中记载的、来自祖哈里的传述,即:
As for the allocation of salaries for the armed forces, it is obvious that they are to be treated like any other employee. A non-Muslim is not required to perform Jihad, but if he did it would be acceptable from him, and it would be permitted to pay him for it and to allocate funds for him. This is due to what Al- Tirmidhi narrated from Al-Zuhri that: .
“先知(愿主福安之)雇用了一些犹太人,并分配给他们一份报酬。”同时,伊本·希沙姆转述道:
“The Messenger of Allah (PBUH) sought the services of some of the Jews and he allocated a share to them.” Also Ibn Hisham narrated that: .
safwan b. umayah 随同安拉的使者ﷺ前往侯奈因战役时仍是一名多神教徒,先知ﷺ从侯奈因的战利品中,为他拨出了一笔钱,这笔钱取自“心被争取者”(新近皈依者)的份额。[al-Nasa’i, Sunan, #4723]. Correction on that output: the names should keep the original form, so the correct rendering is: Safwan b. Umayah 随同安拉的使者ﷺ前往侯奈因战役时仍是一名多神教徒,先知ﷺ从侯奈因的战利品中,为他拨出了一笔钱,这笔钱取自“心被争取者”(新近皈依者)的份额。[al-Nasa’i, Sunan, #4723].
“Safwan b. Umayah went on an expedition with the Messenger of Allah (PBUH) to Hunain whilst still a mushrik, and the Prophet ( PBUH) allocated some money for him from the spoils of Hunain from Mu’allafati Qulubihim’s (new converts) share.” [al-Nasa’i, Sunan, #4723].
因此,非穆斯林可以为伊斯兰军队作战,并因其随军而获得报酬,这是被允许的。此外,雇佣(Ijara)的定义是以报酬换取利益而订立的合同,因此,只要雇主能从受雇者处获得某种利益,雇佣便是被允许的。所以,雇佣某人参军和作战也包含在这类合同之中,因为这本身就是一种利益。由此可见,雇佣可适用于任何利益的一般性证据,也是允许雇佣异教徒参军、服兵役和作战的有效证据。
Thereupon, it is allowed for the disbeliever to fight for the Islamic army, and be given funds because of his presence with them. Moreover, the definition of ‘Imara’ or hiring as being a contract concluded over benefit in return for compensation means that hiring is allowed for every benefit which the employer can receive from the hired person. So hiring a person for the army and fighting is included in such a contract because it is a benefit. Thus, the general evidence of hiring over any benefit is a valid evidence for allowing the hiring of the kuffar for the Army, military service and fighting. .
关于非穆斯林的部分。至于穆斯林,尽管圣战是一种崇拜行为,但根据雇佣的一般性证据,雇用穆斯林从事军事服务和作战是被允许的。如果某项崇拜行为的利益超出了实施者本人,则允许通过雇佣来完成该崇拜行为。
This is with regards to non-Muslims. As for the Muslims, even though jihad is an act of worship, it is allowed to hire Muslims for military service and fighting because of the general evidence of hiring. Hiring is allowed to accomplish an act of Ibadah if its benefit extends to more than the one who carries it out. .
这是因为先知(愿主赐福并使其平安)说:"最值得收取报酬的事,是教授《古兰经》。"此段圣训由布哈里(《萨希赫》,第5737段)依伊本·阿拔斯的传述而记载。ﷺ
This is due to the saying of the Prophet (PBUH):. “The most worthy thing to take a wage on is teaching the Book of Allah”, as narrated by Bukhari [Sahih, #5737] on the authority of Ibn ‘Abbas. .
教授安拉的经典是一种敬拜,既然可以雇用穆斯林教授古兰经、领拜、宣礼,而这些都是敬拜,那么也可以雇用穆斯林去参加圣战并服兵役,因为这些都是敬拜,其益处超出了行者本人。此外,有证据表明可以雇用穆斯林参加圣战,尽管圣战是他们的义务,这一点在圣训中有明确提及。艾布·达伍德[《逊南》,第2526条]记载,阿卜杜拉·本·阿慕尔传述,他说:先知ﷺ说:
Teaching the book of Allah is worship, and since it is allowed to hire a Muslim to teach the Quran, lead the prayer, or give the Azan, which are all acts of worship, it is also allowed to hire a Muslim to do jihad and partake in military service, as all of these are acts of worship whose benefit extends beyond the one that performs them. Moreover, there is evidence of hiring Muslims for jihad even though it is a duty upon them which has been mentioned explicitly in a hadith. Abu Dawud [Sunan, #2526]. narrated from Abdullah b. Amru, he said that the Prophet (PBUH) said: .
"Al –Ghazi" and "al Ja’il" are names/titles kept as written. Translation: "Al-Ghazi 有他自己的报酬,al Ja’il 也有他自己的报酬,还有 Al Ghazi 的报酬。"
"Al –Ghazi has his own wage and al Ja’il has his own wage and the wage of the Al Ghazi". .
"غازي"(ghazi)是指为自己而战的人。"جاعل"(ja'il)是指雇人代替自己作战、并向其支付报酬的人。《al-Muhit》词典中写道:"الجعالة هي الجُعل الذي يُعطى لمن يعمل عملاً؛ وما يُجعل للمجاهد (الغازي) إذا جاهد عنك فهو أيضاً جُعل"。因此,这段圣训表明,一个人可以支付报酬,让他人代替自己参战,也就是说,允许雇人参加战斗。
A ‘Ghazi’ is a person who fights for himself. A ‘Ja’il’ is the one who has someone else to fight on his behalf in return for a wage he pays to him. It is indicated in the dictionary of Al-Muhit that “Al-ja’ala is the amount given to someone doing an action; and what is assigned to a Mujahid (Ghazi) if he made jihad on your behalf is also ju’l.” Thus, the hadith indicates that it is allowed for a person to pay a wage for somebody else to fight on his behalf, i.e. it is allowed for a person to be hired for fighting. .
Al-Bayhaqi 以 Jubair b. Nufayr 的传述为据,他说:
Al –Bayhaqi narrated on the authority of Jubair b. Nufayr who said: .
真主的使者ﷺ说:
The Messenger (PBUH) said: .
“我的乌玛中那些为战斗领取报酬、并使自己强大以对抗敌人的人,就如同摩西的母亲,她哺乳自己的儿子并得到了她的回报(ajr)。”这里的 ajr 指的是报酬。因此,士兵和其他公务员一样领取薪俸。
“Those of my Ummah who fight and take wages, and strengthen themselves against their enemy are like the mother of Moses who breastfed her son and got her reward (ajr).” Ajr here means the wage. Thus, soldiers are given salaries like other civil servants. .
穆斯林战士即使领取薪饷,其圣战中仍可获得真主的报酬。这是依据布哈里圣训的,该圣训允许为教授真主的经典收取报酬,而教授经典本是一种敬拜行为。由此可知,这样的教师依其意图,在真主那里也有报酬。
Muslim soldiers would have their reward with Allah in their jihad even if they received salaries. This is due to the hadith of Al-Bukhari, which allows taking wage for teaching the book of Allah, which is an act of worship. This means such a teacher has the reward with Allah (PBUH) in accordance with his intention. .
伊斯兰军队是一支军队,由许多分队组成,这些分队可以用序号来称呼,如第一、第二等,也可以以省份或地区来命名,例如沙姆军、埃及军或萨那军。
The Islamic army is one army, consisting of many contingents which can be given numbers such as the first, second etc, or they can be named after the provinces or the districts, for example the army of al-Sham, the army of Egypt or the army of Sana. .
伊斯兰军队驻扎在专门的营地中,每个营地驻有一支士兵队伍,可以是一个完整的编制单位,也可以是某个单位的一部分,或是多个单位。这些营地必须设在所有省份,其中一些还须设在军事基地内。其中一部分将是流动营地,它们将不断移动,并构成庞大的兵力。每个营地都有一个名称,例如哈巴尼耶营地,每个营地还有一面专属的旗帜。
The Islamic army is stationed in special camps, and in every camp there is placed a group of soldiers in one complete unit or part of a unit, or many units. These camps have to be put in all provinces and some of them have to be put in military bases. Some of them will be mobile camps which will be in constant movement and will be massive forces. A name is given to each of these camps, like the camp of Habbaniyah, and for each camp there is a special banner. .
有些安排可以属于mubah(允许的范畴),例如以各个省(Wilayaat)的名称为军队命名,或为其编定特定番号,这些事务交由哈里发的意见与其ijtihad(独立判断)决定。另有一些安排属于没有它就无法履行义务的事项,例如保卫国家、加强军队的必要性,如将军队部署在边境,并在各个省以及战略要地设立若干营地以保卫国家。
Some arrangements may be of the Mubah, such as, naming the armies after the names of the Wilayaat or giving them special numbers, a matter left to the opinion of the Khalifah and his ijtihad. Other arrangements are matters without which an obligation cannot be performed, such as the necessity to protect the country and to strengthen the army, like placing the armies at the frontiers, and putting some of these camps in all the Wilayaat and in strategic places to protect the country. .
“Umar b. al-Khattab (ra) 将军队的营地分布在各个Wilayaat(行省)。他在巴勒斯坦驻扎一支部队,在Al-Mosul等地也驻扎部队。他在国家中心保留一支军队,并且保留一支随时准备应战的部队。
‘Umar b. al-Khattab (ra) distributed the camps of the army over all the Wilayaat. So he positioned one unit in Palestine and one unit in Al-Mosul etc. He used to keep one army unit in the centre of the State and he used to keep one army unit ready to fight at a moment’s notice.