第三十三章 伊斯兰国家的内政政策
33 The Domestic Policy of the Islamic State
伊斯兰国的国内政策是在内部贯彻伊斯兰教法。伊斯兰国会在其管辖的土地上施行这些律法。它组织和监督人际关系与交易,执行哈德(hudud)刑罚,实施惩罚,推行高尚的道德风尚,保障伊斯兰宗教仪式和崇拜行为的履行,并依照伊斯兰教法处理公民事务。伊斯兰教已确定了其律法施行于服从其权威之人(无论穆斯林与否)的方式。伊斯兰国正是遵循这一特定方式来施行伊斯兰教法的。由于这一方式本身就是一项沙里亚的规定(Hukm Sharii),与各类问题的律法规定一样,同样具有约束力。伊斯兰教是为了面向所有人而降临的,因为安拉(subhanahu wa ta'ala,SWT)以伊斯兰教向全体人类发出训谕,仅以人的身份而言,别无其他。安拉(SWT)说:
The domestic policy of the Islamic State is to execute the rules of Islam internally. The Islamic State would implement these rules in the land which were under its jurisdiction. It organized and supervised relationships and transactions, implemented the hudud, carried out punishments, enforced high morals, ensured the performance of the Islamic rituals and acts of worship, as well as looking after the citizens’ affairs according to the rules of Islam. Islam has determined the method by which its rules are to be implemented on the people who submit to its authority, whether Muslims or otherwise. The Islamic State implemented the rules of Islam following this specific method. Since, the method is by itself a Hukm Sharii, as well as the rules concerning the issues. Islam came to address all people, for Allah (swt) addressed all mankind with Islam as human beings and nothing else. Allah (swt) says,
“人们啊!你们当崇拜你们的主,祂创造了你们和你们以前的人,以便你们成为敬畏者(Al-Muttaqun,即虔诚者)。”[黄牛章(Al-Baqarah),2:21]
“O Mankind! Worship your Lord (Allah), Who created you and those who were before you so that you may become Al-Muttaqun (the pious).” [Al- Baqarah, 2:21].
他也说,
He I also says,
“人啊!是什么使你疏忽了你至尊至慷的主?”{《因法塔尔》,82:6}
“O man! What has made you careless concerning your Lord, the Most Generous?” [Al-Infitar, 82:6].
鉴于伊斯兰教法的根基(usul al-fiqh,法理学)的学者认为,沙里尔阿(Shari'yah)的训示面向每一个有理解能力的人,无论其是否为穆斯林。伊玛目安萨里(al-Ghazali)在其著作《Al-Mustasfa fi al-Usul》中说道:
The scholars of Usul ul-Fiqh (foundation of jurisprudence) considered the Shari’yah as being addressed to every human mind capable of understanding, be it Muslim or not. Imam al-Ghazali said in his book Al-Mustasfa fi al- Usul,
“诚然,被统治者(受约束者)必须是具有法律责任能力的人,条件是他神志清醒,并能理解立法者的训谕。使人有资格承担遵守规则之责的,是他的人性,这种人性使他具备理解能力,借此他才能领受并理解真主的诫命。”
“Verily the governed must be a responsible person in a legal capacity, the condition being that he is sane and able to understand the address of the Legislator. What qualifies the person to be liable to observe the rules is his human nature which enables him to accommodate the mental capability by which he receives and understands the commandments of Allah.”.
因此,伊斯兰已经向所有人发出了号召。这种号召既是邀请,也是义务:作为邀请,是为了请人们皈依伊斯兰;作为义务,是为了要求人们遵守它的律法。这是就人类整体而言的。至于伊斯兰国所统治的人群,伊斯兰将他们视为服从该统治的一群人,无论其教派、种族或信仰如何。对他们的唯一要求,就是效忠于国家及其统治制度。
Therefore, all humans have been addressed by Islam. This address has taken the form of an invitation and an obligation, the first one being intended to invite people to embrace Islam and the latter intending to oblige people to adhere to its rules; this is regarding people in general. As for those whom the Islamic State rules over, Islam considers these as a group of humans who abide by that rule, regardless of their sect, race or creed. All that is required from them is simply allegiance to the State and the ruling system.
不存在少数民族这一说法,因为所有人都从人道主义的角度来看待,只要履行公民义务,他们就是伊斯兰国的公民。凡持有该国国籍的人,无论是穆斯林还是非穆斯林,都享有伊斯兰教法为其规定的全部权利。不持有该国国籍的人,即使是穆斯林,也被剥夺这些权利。例如,若一名穆斯林男子的母亲是持有伊斯兰国国籍的基督徒,而其父亲不持有该国国籍,那么他的母亲有资格从他那里获得赡养费,而父亲则没有。如果母亲向他索取赡养费,法官会判她胜诉,因为她被认定为伊斯兰国的公民;而如果父亲提出同样的要求,法官会驳回其诉求,因为他不被认定为该国公民。因此,伊斯兰教法将受伊斯兰统治的人都视为公民,并使公民身份成为他们共同拥有的东西,凭借作为公民生活于伊斯兰国之中,使他们有资格享有伊斯兰教所规定的监护与福利权利。
Ethnic minorities do not exist as all people are viewed from a humanistic point of view and are citizens of the Islamic State so long as they fulfill the duties of citizenship. Every person holding the citizenship of the State enjoys the full rights decreed for him by the Shari’ah, whether he is Muslim or not. Anyone not holding that citizenship is deprived of these rights, even if he were Muslim. For instance, if a Muslim man had a Christian mother who held the Islamic citizenship and a father who did not, then his mother would qualify to receive sustenance from him and his father would not. If the mother claimed it from him the judge would rule in her favor because she would be classified as a citizen of the Islamic State, whereas if the father attempted to do likewise the judge would reject his claim because he would not be classified as one of its citizens. Therefore, the Shari’ah considers those ruled by Islam as citizens and made the citizenship something which they all hold in common and which qualifies them to enjoy the rights of guardianship and welfare decreed by Islam by living in the Islamic State as citizens.
这是从统治权和监护权的角度来看待他们的地位。至于伊斯兰律法的适用,这是从法律的角度而非宗教的角度来考量的,因为沙里亚的经文应当从法律层面来理解,而且经文是为解决问题而降下的。立法者要求我们的,是遵循其含义与内容,而不是停留于经文的表面字义。因此,在推导律例时,会考虑裁决背后的“伊莱”(原因)。换言之,在审视一项裁决时,所考虑的是经文的立法层面。这项裁决如果被哈里发采纳,便成为法律,所有人都有义务遵守并执行。
This is regarding their position from a ruling and guardianship point of view. As for the application of the Islamic laws, this is considered from a legal point of view and not from a religious point of view. This is so, because the Shari’ah texts should be viewed from a legal aspect and the text has been decreed to deal with problems. The Legislator’s aim for us is to follow the meaning and the content and not to stop at the apparent meaning of the text. Therefore the ‘illah (reason) behind the ruling is taken into consideration when extracting a rule. In other words, it is the legislative side of the text that is taken into consideration when viewing a verdict. This verdict, if adopted by the Khaleefah, becomes law and everyone is obliged by it and to execute it.
因此,生活在伊斯兰国家中的所有人服从沙里亚是确定的、不可撤销的。对穆斯林而言,正是他们的信仰和皈依伊斯兰教,使他们有义务遵守其所有律法,因为服从这一信仰就意味着服从源自该信仰(‘Aqeedah)的一切规则,因此他们接受这一信仰,便必然要确定地遵守该信仰所带来的一切法律。所以,对穆斯林来说,沙里亚就是伊斯兰教的立法部分。他们有义务执行其全部规定,无论这些规定涉及他们与安拉的关系(即功修‘Ibadah),还是涉及他们与自身的关系,例如道德和饮食,或是涉及他们与他人的关系,这些则关乎交易与刑罚。
Therefore, the submission of all people living in the Islamic State to the Shari’yah is conclusive and irrevocable. For the Muslims, it is their belief and their embracing of Islam which covenants them to abide by all its laws because the submission to the belief means submission to all the rules which emanate from that ‘Aqeedah, so their embracing of that ‘Aqeedah obliges them to conclusively abide by all the laws brought by that ‘Aqeedah. Thus, for the Muslims, the Shari’ah is the legislative part of Islam. They are covenanted to carry out all of its rules, whether those related to their relationship with Allah, which are acts of ‘Ibadah (worship), or those related to their relationship with themselves, such as their morals and diet, or those related to their relationship with others, these being concerned with transactions and penalties.
穆斯林在伊斯兰信仰(‘Aqeedah)上是统一的,并且都认为《古兰经》和圣训(Sunnah)是伊斯兰教法(Shari’ah)的渊源,教法的原则和律例皆由此推导而来。在这一点上,他们毫无分歧。然而,由于“伊吉提哈德”(Ijtihad,独立推理),他们在对《古兰经》和圣训的理解上产生了差异,结果便出现了不同的学派和教派。这是因为伊斯兰鼓励穆斯林进行伊吉提哈德,而且理解上本身存在自然的差异。因此,在信仰(‘Aqeedah)、立法以及教法原理(‘Usul ul Fiqh)的方法论上,都出现了分歧。 安拉的使者ﷺ曾鼓励伊吉提哈德,并强调:穆automatic哈吉德(Mujtahid,即具备推导律例资格的人)进行伊吉提哈德,如果他错了,他仍获得一份奖赏;如果他对了,他的奖赏则加倍。因此,逊尼派、什叶派、穆尔太齐赖派以及其他教派的出现,并不令人惊讶;几个教法学派(Madhahib)的出现,如沙斐仪派、哈乃斐派、马立克派、罕百利派、加尔法里派、栽德派等,也同样不足为奇。所有这些伊斯兰教派和教法学派都秉持同一个信仰,即伊斯兰信仰;它们都奉命遵行安拉(SWT)的命令,远离安拉的禁令。它们都有义务遵守伊斯兰教法,而不是遵守任何某一个特定的教法学派。
The Muslims are united under the Islamic ‘Aqeedah and by the fact that the Qur’an and the Sunnah are sources of Shari’ah, whereas the principles and verdicts are derived from it. None of them has differed on this issue at all. However, due to Ijtihad, they have differed in the understanding of the Qur’an and the Sunnah, and as a result of this difference different schools of thought and sects emerged. This was due to the fact that Islam encouraged the Muslims to make Ijtihad and to the fact that there are natural variances in understanding. Therefore, differences emerged in the understanding of the ‘Aqeedah, the legislation, and methodology of ‘Usul ul Fiqh. The Messenger of Allah (pbuh) had encouraged Ijtihad and stressed that if the Mujtahid (one qualified to extract rules) makes Ijtihad and he errs, he receives a reward and if he is right his reward is doubled. Therefore, it was never surprising to find the Sunnah, Shi’ah, Mu’tazilah, and other sects. Nor was it surprising to witness the emergence of several Madhahib such as the Shafi’i, the Hanafi, the Maliki, the Hanbali, the Ja’fari, the Zaydi and others. All these Islamic sects and Madhahib embraced one single ‘Aqeedah, i.e. the Islamic ‘Aqeedah, they were all commanded to follow the obligations and abstain from the prohibitions of Allah (swt).They were all under the obligation to abide by the Shari’ah and not by any particular Madhahib .
"Madhhab"是对沙里亚(Shari'ah)裁决的某种特定理解,当不能自行进行Ijtihad(独立推理)的穆格里德(Muqallid,即非穆智塔希德者)无力自行推理时,便遵循这种理解。穆斯林所受的约束来自神圣的律法,而非来自某一教法学派。能够的话,他通过Ijtihad获取律法;不能的话,他便遵循某一教法学派以获取律法。因此,凡是信奉伊斯兰信仰('Aqeedah),并以《古兰经》和圣训作为沙里亚唯一来源的各教派与各教法学派,都是伊斯兰的:它们的倡导者都是穆斯林,伊斯兰律法也适用于他们。所以,只要这些群体及各教法学派的追随者不背离伊斯兰信仰,国家就不应干预他们。但如果他们无论个人还是集体背离了伊斯兰信仰,这将被视为背教(Irtidad),并对背教者执行相应的刑罚。穆斯林都受所有伊斯兰律法的约束。其中一些律法是确定的,只有一种有效的见解,例如斩断窃贼的手、禁止高利贷、天课的义务以及每日五次拜功的规定等。这些律法对遵循同一种理解的所有穆斯林都有约束力,因为它们是确定而明确的。
The Madhahib is only a particular understanding of the Shari’ah verdict which is followed by the Muqallid (the one who is not a Mujtahid) if he is unable to make his own Ijtihad. The Muslim is commanded by the Divine rule and not by the Madhab. He takes the rule by means of Ijtihad if he can, otherwise he takes it by following a Madhab if he is unable to make Ijtihad. Therefore, all the sects and Madhahib which embraced the Islamic ‘Aqeedah, and believed in the Qur’an and Sunnah - as the sole source of Shari’ah - are all Islamic. Their advocates are all Muslims and the Islamic laws are to be implemented on them. The State should not, therefore, interfere with these groups nor with the followers of various Madhahib as long as they do not deviate from the Islamic ‘Aqeedah, but if they deviated from the Islamic ‘Aqeedah, whether individually or collectively, this would be considered an act of Irtidad (apostasy) from Islam and the punishment of apostates would be carried out on them. The Muslims are compelled by all Islamic laws. Some of these laws are definite with only one valid opinion, like the cutting of the hand of the thief, the prohibition of usury, the obligation of Zakah, and the obligatory prayers being five, etc. These laws are binding on all Muslims following one single understanding, for they are definite and decisive.
有一些规定和观点,穆斯林对其存在分歧,因为每位穆佳台希德(Mujtahid)对同一问题的理解各不相同。例如,哈里发的资格条件、对哈拉智土地(Kharaj)征收十一税,或土地出租等问题。对于此类法律,哈里发会采纳一种意见,服从便成为每个人的义务。凡持有与哈里发所采纳意见不同看法的人,都应当放弃自己的意见,遵从伊玛目的意见。因此,伊玛目的意见平息了一切分歧,服从伊玛目是每个人的义务。所有穆斯林都有义务执行哈里发就其所采纳的意见所下的命令,他的意见对他们具有约束力,无论是公开还是私下。凡执行与伊玛目所采纳的不同的天启律例者,即为有罪。哈里发一旦颁布某条沙里亚律例,它便对所有穆斯林具有约束力。关于同一问题的沙里亚律例,对同一个人而言不能有多种。
There are several rules and thoughts on which the Muslims differed, due to each Mujtahid understanding an issue differently from the other. For example, the prerequisite of the Khaleefah or the taking of the tithe on the Kharaj land or the rental of land, amongst others. In the case of such laws, the Khaleefah adopts an opinion and obedience becomes compulsory on everyone. Everyone who holds a different opinion to that adopted by the Khaleefah should abandon that opinion and comply with the Imam’s opinion. Thus the opinion of the Imam settles all the differences and the obedience to the Imam is compulsory on everyone. The Muslims are all obliged to execute the order of the Khaleefah concerning the opinions which he adopts and his opinion is binding on them, both publicly and privately. Whoever implements a Divine rule other than the one adopted by the Imam will be sinful. Once the Khaleefah enacts a Shari’ah rule it becomes binding upon all Muslims. The Shari’ah rule concerning one issue cannot be multiple for one person.
然而,哈里发不应采纳任何与信仰(’Aqeedah)相关的特定法律,因为这会给穆斯林带来困扰。但如果出现了基于错误信仰(’Aqa’id)的异端和倾向,国家将对肇事者采取坚决措施予以追究,前提是这些异端不致导致背教。如果导致了背教,相关人员将被视为叛教者。此外,哈里发也不应采纳任何与功修相关的特定法律,因为这同样会使穆斯林陷入困境。
However, the Khaleefah should not adopt a particular law which concerns matters related to the ‘Aqeedah, because this would cause hardship on the Muslims. But if innovations and tendencies based on erroneous ‘Aqa’id emerged, the State would hold accountable the culprits with firm measures as long as these innovations do not lead to disbelief. If they did, the responsible individuals would be treated as apostates. Also, the Khaleefah should not adopt any particular law which concerns matters related to worship because this too would lead to a hardship for the Muslims.
因此,只要是伊斯兰的观点,哈里发不应在信仰(‘Aqeedah)问题上采纳任何特定的观点;在崇拜行为方面,除天课(Zakat)外,只要这些崇拜行为是经认可的天启律法,他也不应采纳任何特定的律例。除此之外,哈里发可以采纳并颁布任何与交易相关的特定律例,包括买卖、租赁、婚姻、离婚、赡养费、合伙经营、监护权等。他也可以颁布并采纳关于刑法的特定律例,或关于饮食、服饰或道德问题的特定律例,穆斯林有义务服从他所采纳的一切。
Therefore, the Khaleefah should not adopt any particular opinion in matters of ‘Aqeedah as long as these were Islamic, and he does not adopt any particular law in matters of worship, except for Zakat, as long as these acts of worship are approved Divine laws. Other than that, the Khaleefah can adopt and enact any particular law related to transactions, ranging from buying and selling, renting, marriage, divorce, alimony, business partnership, custody, etc. He can also enact and adopt a particular law concerning the penal code, or concerning diet, clothing or moral issues, and the Muslims are obliged to obey him in whatever he adopts.
哈里发必须执行与功修有关的伊斯兰教法。他惩罚弃置拜功者和不守斋月斋戒者。他执行所有与功修有关的法律,此外还执行伊斯兰教法的全部内容,这是他的职责。拜功的义务不属于伊杰提哈德(独立推理)的范围,也不能被视为一项被采纳的法律,它明显是对一条已经在所有人中确立无疑的天命规定的执行。至于刑法,哈里发采纳一部法律,所有穆斯林都将被责令遵守,与其他任何刑法并无二致。以上是针对穆斯林而言。至于非穆斯林,他们是指信奉伊斯兰信仰以外其他信条的人,他们被归为以下几类:
The Khaleefah has to implement the Shari’yah related to the acts of ritual worship. He punishes those who abandon the prayer and those who do not observe fasting in the month of Ramadhan. He implements all laws regarding acts of worship in addition to all of the Shari’yah and this is his duty. The obligation of prayer is not a matter open for Ijtihad and cannot be considered as a law being adopted, it is plainly the implementation of a Divine rule that has been conclusively established among everyone. As for the penal code, the Khaleefah adopts a law which all Muslims will be ordered to comply with, the same as for any other penal code. This is as far as the Muslims are concerned. As for the non-Muslims, these are the people who have embraced a creed other than the Islamic one, and they are classified under the following categories:
1) 那些自称是穆斯林,却在其信仰的某些问题上持有与伊斯兰教信条相矛盾的观点的人。
1) Those who claim to be Muslims while believing in some issues in their creed which contradicts the Islamic ‘Aqeedah.
2) 有经人
2) The People of the Book.
3)多神教徒,其中包括拜火教徒(Majus)、印度教徒、佛教徒,以及所有不属于有经人的人。
3) The Polytheists, among whom are the Majus (fire worshippers), Hindus, Buddhists and all those who are not People of the Book.
这些人将被置之不理,他们的信仰和崇拜不受任何干涉。在婚姻和离婚事务上,他们被允许依照自己的宗教遵守其本身的法律。国家将从他们自己的人中任命一名法官,在国家所属的法庭上依据其宗教解决他们的纠纷。至于他们的饮食和服饰,将在公共秩序范围内依照他们自己的规定对待。除有经人身份的人以外的其他人,也将以同样的方式对待。穆罕默德ﷺ的使者(愿主福安之)关于琐罗亚斯德教徒说:“对待他们要像对待有经人一样。”至于交易和刑法,则同样适用于穆斯林和非穆斯林。对非穆斯林的刑事判决,将与对穆斯林的判决一样,不带任何偏见。所有持有伊斯兰国公民身份的人,无论其宗教、种族或教派如何,都有义务遵守与交易和刑法相关的沙里亚。他们都必须遵守沙里亚。然而,他们对这些法律的遵守应是立法和法律层面的,而非宗教或精神层面的。因此,他们没有义务信仰这些法律,因为那将构成强迫他们皈依伊斯兰。安拉(SWT)说:
These people will be left alone and there is no interference with their beliefs or their worship. They will be allowed to adhere to their own laws in matters of marriage and divorce according to their religion. The State will appoint a judge from their own people to settle their disputes based on their religion in courts belonging to the State. As for their diet and adornment, they will be treated according to their own rules within the public order. People other than the People of the Book will be treated in the same way. The Messenger of Allah (pbuh) said concerning the Majus, “Treat them in the same way you treat the People of the Book.” As for transactions and penal code, they are implemented on Muslims and non-Muslims alike. Penal judgments will be passed on non-Muslims in the same way as on Muslims without any prejudice. All those who hold the citizenship of the Islamic State are obliged to comply with the Shari’yah related to transactions and penal codes regardless of their religion, race, or sect. They all have to abide by the Shari’yah. However, their adherence to the laws would be legislative and legal rather than religious or spiritual. They would therefore not be obliged to believe in them because that would constitute them being forced to embrace Islam; Allah (swt) says,
“宗教中没有强迫。”[《黄牛》,2:256]
“No compulsion in the Deen.” [Al-Baqarah, 2:256].
先知穆罕默德ﷺ禁止穆斯林干涉或迫害有经典的民族(Ahl al-Kitab)的信仰,但从立法和法律的角度来说,他们有义务遵守伊斯兰法律。
The Messenger of Allah (pbuh) has forbidden the Muslims from interfering with or persecuting the People of the Book about their belief, but they would be obliged to comply with the Islamic laws from a legislative and legal point of view.
总之,伊斯兰国的国内政策是:对所有持有该国国籍的人,无论其为穆斯林还是非穆斯林,都实施伊斯兰教法。这些法律的实施方式如下:
In conclusion, the Islamic State’s domestic policy would be to implement the Islamic Shari’ah on all those who hold the State’s citizenship, whether they were Muslims or non-Muslims. The laws would be implemented as follows:
1) 所有伊斯兰律法都应在穆斯林身上实施。
1) All Islamic laws would be implemented upon the Muslims.
2) 非穆斯林在其信仰和崇拜方面不会受到干涉。
2) Non-Muslims would not be interfered with regarding their beliefs and worship.
3) 非穆斯林在饮食和装饰等与教法总体框架相关的事务上,将依照其信仰得到对待。
3) The non-Muslims would be treated according to their beliefs in matters related to diet and adornment within the general frame work of the law.
4) 非穆斯林之间有关婚姻和离婚的纠纷,应由国家设立的法院处理,并由他们自己的人员担任法官,而非由私人法庭处理;他们与穆斯林之间的类似纠纷,则应依照伊斯兰教法,由穆斯林法官处理。
4) Disputes related to marriage and divorce for non-Muslims would be dealt with by appointing judges from themselves in courts set up by the State and not in private courts; similar disputes between them and the Muslims would be dealt with according to Islamic law by Muslim judges.
5) 国家将对每一位公民,无论穆斯林还是非穆斯林,一视同仁地执行与经济、社会和法律交易相关的其他一切伊斯兰教法事务。
5) The State will enforce all other Shari’ah matters related to economic, social, and legal transactions on every citizen Muslim and non-Muslim alike without prejudice.
所有持有伊斯兰国籍的人都是国家的臣民,他们的监护以及事务的管理是国家的责任,不存在任何歧视。
6) All those who hold the Islamic citizenship are subjects of the State, their guardianship and the management of their affairs is the duty of the State, without any discrimination.