第46章 被忽视的义务
46 The Neglected Duty
伊斯兰国的结构建立在七大支柱之上:哈里发;辅政者;圣战指挥官;司法机构;瓦利;行政体系;以及乌玛议会(Majlis Al Ummah)。若这七个要素俱全,国家的结构便是完整的;若缺少其中任何一个要素,结构便不完整,但该国家仍然是伊斯兰国。只要哈里发依然有效履职,任何缺陷或不足都不会损害其伊斯兰国的地位,因为哈里发正是国家的根基。至于伊斯兰国统治体系的原则,共有四项:
The structure of the Islamic State is based on seven pillars: the Khalifah; the Assistants; the Commander of Jihad; the Judiciary; the Wulaa’; the Administrative System; and the Majlis Al Ummah. The structure of the State would be complete if these seven elements were in place. If any of these elements were absent, the structure would be incomplete, though the State would still remain Islamic. Any defect or shortage would not upset its status as long as the Khalifah remained viable, since it is he who is the foundation of the State. As for the principles of the ruling system in the Islamic State, there are four:
1. 主权属于沙里亚(Shari'ah)。
1. The sovereignty belongs to the Shari’ah.
2. 权威属于乌玛(穆斯林共同体)。
2. The authority belongs to the Ummah.
3. 任命一位哈里发。
3. The appointment of one Khalifah.
4. 只有哈里发才有权采纳伊斯兰教法的规定,即将其颁布为法律。
4. The Khalifah alone reserves the right to adopt the Shari’ah rules, i.e. to enact them as laws.
如果这些原则中有任何一项缺失,统治制度就会变得不符合伊斯兰教。因此,这四项原则必须得到贯彻执行。伊斯兰国家的基础是哈里发,除他之外的任何人都是他的副手或他的顾问;伊斯兰国家即是实施伊斯兰教法的哈里发,而哈里发或伊玛目之职,是全权处理穆斯林事务。它不属于伊斯兰教的信条(‘Aqa’id),而属于沙里亚(Shari'ah)的律法范畴,因为它属于与人的行为相关的枝节问题。
If any of these principles were missing, the ruling system would become non-Islamic. Therefore, these four principles must be enforced. The basis of the Islamic State is the Khalifah and anyone other than him is a deputy to him or an advisor for him; the Islamic State is a Khalifah who implements Islam and the office of Khilafah or Imamah is to have full disposal over the affairs of Muslims. It is not part of the doctrines (‘Aqa’id) of Islam, but part of the Shari’ah rules because it is part of the branches related to a human’s actions.
任命哈里发是穆斯林的义务。他们不得在未向其效忠(Ba’yah)的情况下度过两夜以上。如果穆斯林在三天内没有任命哈里发,那么他们所有人都将有罪,直到他们任命了哈里发为止。只有在他们已竭尽全力任命哈里发并持续努力去任命他的时候,罪责才会解除。
The appointment of the Khalifah is an obligation upon the Muslims. They are forbidden from spending more than two nights without giving a Ba’yah to him. If the Muslims did not appoint a Khalifah within three days they would all be sinful until they had appointed a Khalifah. The sin would not fall until they had exhausted their efforts to appoint a Khalifah and continued to endeavor to appoint him.
设立哈里发的义务已被《古兰经》、圣训以及众圣门弟子的普遍共识所确认。
The obligation of appointing a Khalifah has been confirmed by the Qu’ran, Sunnah and the general consensus of the Sahabah.
真主(SWT)命令使者(ﷺ)必须依照启示给他的内容,在穆斯林之间作出最终裁决。真主(SWT)说:
Allah (swt) ordered the Messenger (pbuh) conclusively to rule among the Muslims whatever was revealed to him. Allah (swt) says,
“因此,你要依真主所降示的来在他们之间判决,不要顺从他们的私欲。”(《筵席章》5:48)
“So judge between them by what Allah has revealed, and follow not their vain desires.” [Al-Maidah 5:48].
“且你应当依真主所降示的(经典)在他们之间作出裁决,不要顺从他们的私欲”[《筵席章》5:49]。
“And so judge between them by what Allah has revealed and follow not their desires,” [Al-Maidah 5:49].
任何针对使者的称呼,只要没有限定该命令仅针对使者的证据,就被视为针对整个乌玛的称呼。而这里并没有这样的证据,因此穆斯林有义务落实这一律法。建立哈里发国,就是落实这一律法。
Any address to the Messenger (pbuh) is considered an address to the entire Ummah as long as there is no daleel restricting the order to the Messenger (pbuh). And there is no such daleel, therefore, Muslims are mandated to establish this ruling. Establishing the Khilafah is the establishment of this ruling.
至于圣训,安拉的使者ﷺ说:“谁死时不认识他所处时代的伊玛目,谁就死于蒙昧时代(Jahiliyyah)的死亡。”艾哈迈德和泰伯拉尼从穆阿维叶的圣训中引述:安拉的使者ﷺ说:“谁死时脖子上没有效忠之约(Ba'yah),谁就死于蒙昧时代的死亡。”穆斯林在其《沙希赫》中以伊本·欧麦尔为据记载,他说:我听安拉的使者ﷺ说:“谁从对安拉的效忠中抽出自己的手,他将在复活日与安拉相见,而他没有任何证据;谁死时脖子上没有效忠之约,谁就死于蒙昧时代的死亡。”希沙姆以乌尔瓦为据,乌尔瓦以艾布·萨利赫为据,艾布·萨利赫以艾布·胡莱赖为据,他说:安拉的使者ﷺ说:“我之后将有领袖来管理你们,敬虔的人将以他的敬虔引领,悖逆的人将以他的悖逆引领,所以你们要在一切符合真理的事上听从他们、服从他们。如果他们行得正,这对你们有益;如果他们行得不正,这记在你们名下,而罪责归于他们。”
As for the Sunnah, the Messenger of Allah (pbuh) said, “He who died not knowing the Imam of his time has died a death of Jahiliyyah.” Ahmed and al- Tabarani extracted from the Hadeeth of Mu’awiyah the following: The Messenger of Allah (pbuh) said, “Whoso dies while there was no Ba’yah on his neck dies a death of Jahiliyyah.” Muslim reported in his Sahih on the authority of Ibn ‘Umar that he said, I heard the Messenger of Allah (pbuh) say, “Whoso takes off his hand from allegiance to Allah will meet Him on the Day of Resurrection without having any proof for him, and whoso dies while there was no Ba’yah on his neck dies a death of Jahiliyyah.” Hisham reported on the authority of ‘Urwa, who reported on the authority of Abu Salih, who reported on the authority of Abu Hurayrah that the Messenger of Allah (pbuh) said, “Leaders will take charge of you after me, where the pious one will lead with his piety and the impious with his impiety, so listen to them and obey them in everything which conforms with the truth. If they acted rightly it is to your benefit, and if they acted wrongly it is counted for you and against them.”.
至于圣门弟子的“伊斯玛仪”(公议),他们在安拉的使者(愿主福安之)离世之后,把任命哈里发视为首要之务。这一点见于两部《沙希圣训》关于巴努·萨伊达议事厅事件的记载,也见于每位后继哈里发去世之后的情形。圣门弟子对任命哈里发为义务这一点的普遍共识,是以“穆塔瓦提尔”(连续传述)的方式流传下来的。圣门弟子一致认为,这是一切义务中最重要的义务。这被视为确凿的证据。通过“太瓦土尔”也已确认,乌玛在任何时候都不应没有哈里发。整个乌玛都有义务任命一位哈里发,即让他就任职位,或由他管理乌玛的事务。这一命令针对的是整个乌玛。这一义务自先知(愿主福安之)离世之时起生效,并将延续至末日。
As for the ‘Ijma’ of the Sahabah, they made the appointment of a Khalifah their top priority in the wake of the departure of the Messenger of Allah (pbuh). This is according to that which has been narrated in the two Sahih Ahadeeth about the events in the courtyard of Banu Sa’idah and also in the wake of the death of each subsequent Khalifah. The general consensus of the Sahabah concerning the obligation of appointing a Khalifah has been transmitted by way of Khabar Mutawatir (continuous report). The Sahabah agreed that it was the most important of all obligations. This is considered to be a conclusive evidence. It has also been confirmed by means of Tawatur that the Ummah should at no time remain without a Khalifah. It is obligatory upon the whole Ummah to appoint a Khalifah, i.e. to establish him in office or to govern her affairs. The command is addressed to the entire Ummah. This took effect from the moment of his (pbuh) departure and will continue to the Day of Judgment.
这一义务的重要性以及穆斯林对它的认识,在圣门弟子的行为中清楚地体现出来。先知穆罕默德ﷺ去世后,他们把先知的安葬推迟到为统领国家而推举的哈里发接受宣誓效忠之后才进行。此外,欧麦尔·本·赫塔卜在临终前遭刺伤、死亡迫近时,穆斯林请他指定继任者,这一点也清楚地体现在他的行为中。他起初拒绝,穆斯林坚持请求,他便提名了六位候选人,从中选出一位哈里发。他还为这六人设定了三天的期限,要求他们在期限内达成一致。他下令:如果六人在三天内未能达成一致,反对该决定的人应被处死。事实上,他下令处死了那位表示反对的人,尽管这六人都是协商委员和资深圣门弟子。这六人分别是:阿里、奥斯曼、阿卜杜·拉赫曼·本·欧夫、祖拜尔·本·阿瓦姆、塔勒哈·本·欧拜杜拉和萨阿德·本·艾比·瓦戈素。如果这些圣门弟子在选举哈里发的问题上未能达成一致,其中之一本可能被处死,这一事实有力地证明,设立哈里发是必须履行的义务。
The extent of the obligation to reestablish the Khalifah and awareness of this obligation among the Sahabah is clearly reflected in their actions following the death of the Messenger of Allah (pbuh). They delayed the burial of the Messenger of Allah (pbuh) until a Khalifah had been given the Ba’yah to head the State. It is also clearly reflected in the action of ‘Umar ibn al-Khattab, in the wake of his stabbing while the agony of death neared; when the Muslims asked him to nominate a successor. At first he refused, when they persisted he nominated six candidates from which a Khalifah was to be elected. He also set a deadline of three days for the six to reach an agreement. He gave instructions stating that in the case of the six not coming to an agreement within the three days, the one who opposed the decision should be killed. Indeed, he ordered the killing of the one who sat in opposition despite the fact that the six were all people of Shura and senior Sahabah. The six were in fact ‘Ali, ‘Uthman, ‘Abd al-Rahman ibn ‘Auf, al-Zubayr ibn al-’Awwam, Talhah ibn ‘Ubaydullah and Sa’d ibn Abi Waqqas. That one of these Sahabah could have been killed, should they have been unable to reach an agreement concerning the election of a Khalifah, serves as an overwhelmingly clear evidence that the appointment of a Khalifah is compulsory.
此外,许多伊斯兰教法规定的义务都依赖哈里发的存在才能履行,例如:施行伊斯兰律例、执行刑法、守卫边疆、教育社会、训练和装备武装力量、解决争端、维护法律与秩序,此外还包括处理其他事务,以及规范个人与集体实体之间发生的经济和社会往来。因此,任命哈里发是必须的。
Besides, numerous Shari’ah duties depend on the presence of the Khalifah, such as the implementation of Islamic rules, the execution of the penal code, guarding the frontiers, educating the society, training and equipping the Armed Forces, settling disputes and keeping law and order, in addition to looking after other matters and regulating the economic and societal transactions which take place between individuals and collective entities. Thus the appointment of a Khalifah is compulsory.
寻求哈里发职位并为之竞争并不可耻,圣门弟子在赛嵌福(Saqeefah)中为此职位竞争过,舒拉委员会的成员也为这一职位相互竞争过。没有人谴责或否认这一行为。相反,圣门弟子之间关于为哈里发职位竞争的普遍共识是明确确立的,证明这是合法且可以接受的。
Seeking the post of Khalifah and competing for it is not undesirable, the Sahabah competed for the post in the Saqeefah and the people of Shura also competed for the office. Nobody condemned or disowned this action. On the contrary, the general consensus of the Sahabah regarding the competition for the post of Khalifah, is clearly established, confirming that it is lawful and acceptable.
穆斯林禁止同时拥立一个以上的哈里发。穆斯林圣训学家艾卜·胡赛因·穆斯林在其《圣训实录》中引述艾卜·赛义德·胡德里的传述说,安拉的使者ﷺ说:"如果为两位哈里发宣誓效忠,就杀掉后者。"在另一段圣训中,先知ﷺ说:"凡与伊玛目握手立约、并以内心真诚效忠的人,应尽其所能服从他;如果另有人来与他争夺权位,就要砍掉那人的脖子。"另一段传述的措辞是:"……不论他是谁,都要用剑击杀他。"如果后者不服从命令并且不撤退,就执行杀他的命令。 如果一群具备哈里发职位所需全部条件的人被授予效忠誓约,那么得票多数者将成为哈里发,违背多数的人随后将被视为叛乱者。这适用于候选人亲自聚集在一起的情形。但如果哈里发之位已经授予某一位符合哈里发条件的人,而多数穆斯林却向另一人效忠,那么第一个人应当成为哈里发,第二个人则应被拒绝。
Muslims are forbidden from appointing more than one Khalifah. Imam Muslim reported on the authority of Abu Sa’id al-Khudry that the Messenger of Allah (pbuh) said, “If a bay’ah has been taken for two Khulafah, kill the latter of them.” In another Hadeeth, he (pbuh) is reported to have said, “Whoso pledged allegiance 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.” In another narration, the wording was as follows, “...strike him with the sword whoever he may be.” The command to kill the other one would come into effect if he did not comply and retreat. If a group of people, who met all the requirements necessary for the post of Khilafah, were given the Ba’yah then it would be the one with the majority of votes who would become Khalifah, whoever opposed the majority would subsequently be considered a rebel. This would apply if the nominees were gathered together in person, but if the Khilafah had been contracted to one man who fulfilled the requirements of the Khilafah and the majority of the Muslims gave their Ba’yah to another, then the first man should become Khalifah and the second man should be turned down.
哈里发一职的任职条件包括:伊斯兰教、男性、自由、能力、成年、理智和公正,也就是说,候选人应当是穆斯林、男性、成年、神志健全、自由、有能力且公正。至于必须是穆斯林这一条件,其依据是安拉的经文:
The requirements for the Khilafah office are Islam, manhood, freedom, competence, maturity, sanity and justice, i.e. the candidate should be Muslim, male, mature, sane, free, competent and just. As for the condition of being a Muslim, this follows because of Allah’s saying,
“且真主绝不会让不信道者获得对信道者的胜利。”(《妇女章》4:141)
“And never will Allah grant to the disbelievers a way (triumph) over the believers.” [An-Nisa, 4:141].
关于哈里发必须是男性这一条件,它源自先知穆罕默德ﷺ的圣训,他说:"一个由女人统治的民族,永远不会成功。"成年和理智这两个条件必须具备,因为疯癫者和未成年人需要监护人和监管人来照顾他们的利益。因此,如果一个人不能处理自己的事务,那么他显然也无法管理自己之外的其他事务。至于公正,这一条件必须满足,因为哈里发的职责是执行伊斯兰教法的规定,如果他不能在自己身上执行这些规定,那么就不能相信他会在他人身上执行;因为一个人不能给予他所不拥有的东西。公正被定为哈里发必须满足的条件,是因为如果他是一个法斯格(罪人),那么他就不适合担任哈里发,也无法继续在职。诚实可靠是写入合约中的条件,必须在整个任期内始终遵守。
As for the condition that the Khalifah must be a man, it is derived from the Hadeeth of the Messenger of Allah (pbuh), who said, “A nation (Ummah) will never be successful if they are headed by a woman?” The conditions of maturity and sanity must be met because the insane and the minor need tutors and guardians to look after their welfare. Therefore, if one cannot rule one’s own affairs, he is obviously unable to run other affairs beyond his own. As for justice, this must be fulfilled because the duty of the Khalifah is to implement the rules of the Deen, and if he could not implement them upon himself then he could not be trusted to implement them upon others; for one cannot give what one does not possess. Justice has been made a condition which the Khalifah must fulfill because if he were a Fasiq then he would be unfit for the Khilafah and he could not remain in office. Trustworthiness is a condition laid down in the contract and it must be observed throughout.
至于自由,由于奴隶对自身并无支配权,因此他也就不能对他人拥有支配权。至于能力,这是一项要求,因为要求无行为能力之人去做超出其能力范围的事情是无效的。这会导致对立法以及人们权利的破坏,而这是不允许的。
As for the freedom, since the slave does not have the authority upon himself, therefore, he would not have authority over others. As for the competence, it is a requirement since asking an incompetent person to do things beyond his capacity is invalid. This leads to the undermining the legislation and the rights of the people, which is not allowed.
这些是哈里发职位的既定条件。至于学者们提到的其他条件,例如勇敢、学识、属于古莱氏部落或是法蒂玛的后裔等,这些都不是订立哈里发契约的必要条件,而且用来支持这些主张的证据都不可靠,因此不能被视为条件。每一位成年、神智清醒、诚实可靠、自由且有能力的穆斯林男性,都有资格被其他穆斯林授予效忠(Ba'yah),从而成为他们的哈里发,除此之外不需要也不应当再设定其他条件。
These are the set conditions for the post of Khalifah, as for the other conditions which the scholars have mentioned, such as bravery, knowledge and belonging to the Quraysh or a descendant of Fatimah among others, these are not necessary conditions for the contract of the Khilafah and none of the evidences put forward to back such claims have proven to be reliable and therefore cannot be considered as conditions. Every male Muslim who is mature, sane, trustworthy, free and able is fit to be given the Ba’yah by the other Muslims in order to become their Khalifah and no other conditions are needed nor should be laid down.
重建伊斯兰国家是所有穆斯林的一项责任,这已由圣训和圣门弟子的普遍共识所确认。穆斯林有义务生活在伊斯兰的家园之中,并拥有伊斯兰的公民身份,然而除非建立伊斯兰国家,他们无法实现这一点。因此,在他们开始为重建伊斯兰国家而努力,以便向一位能够施行伊斯兰教法并将其讯息传递到全世界的哈里发效忠宣誓之前,穆斯林将一直处于罪过之中。
Reestablishing the Islamic State is a duty upon all the Muslims because this has been confirmed by the Sunnah and the general consensus of the Sahabah. It is obligatory upon them to live in an Islamic homeland and to have possess Islamic citizenship, yet they cannot achieve this unless they establish the Islamic State. Thus, the Muslims would remain sinful until they began to work towards reestablishing the Islamic State so that they could give their Ba’yah to a Khaleefah who would implement Islam and carry its Message to the world.