16. 实例(Namadhij):fiqh的例子
16. Examples (namadhij) Of Fiqh
圣门弟子(ra)都是阿拉伯人,阿拉伯语是他们与生俱来的语言,他们是精通阿拉伯语、理解精确而全面的学者。他们陪伴安拉的使者(saw)ﷺ,在使者身边时,《古兰经》正在降示。使者(saw)ﷺ会在各种事件中阐明安拉(swt)的律例,因此他们亲眼目睹、亲耳聆听,这也是他们同时成为对伊斯兰教法有全面理解的学者的原因。当某件事情发生在他们面前,需要阐明安拉(swt)的律例时,他们便通过阐述自己从经文的字面含义之理解(ma'qul an-nass)中推导出的见解,来说明其沙里亚教法规定(hukm shar'i)。他们往往只限于给出律例,而不阐明其依据,因此圣门弟子的判断是以他们的见解形式流传下来的。这使得一些人误以为圣门弟子是在判决中依据个人意见。实际上,圣门弟子给出的是他们从对沙里亚经文的理解中推导出的教法规定,但他们并没有附上依据,也没有阐明该规定的立法理由或立法理由的依据。
The Sahabah (ra) were Arabs and the Arabic language was intrinsic to them, and they were scholars with a precise and comprehensive understanding of the Arabic tongue. They would accompany the Messenger of Allah (saw) with the Qur’an being revealed while they were with the Messenger (saw). The Messenger (saw) would clarify the rule of Allah (swt) in the incidents so they would witness it with their eyes and ears, this is why they were also scholars of the Shari’ah with a comprehensive understanding of it. When an incident would occur infront of them requiring a clarification of the rule of Allah (swt), they would elucidate its Shari’ah rule (hukm shar’i) through elucidating their opinion that they deduced from the text of the understanding of the text (ma’qul an-nass). Often they would limit themselves to giving the rule without clarifying its evidence, thus the companions’ judgement was transmitted in the form of their opinions. This is what led some to understand that the Sahabah would give their (own) opinions in judgements. The reality is that the Sahabah would give the Shari’ah rule which they deduced from their understanding of the Shari’ah texts, but they did not append it with evidence or clarify the legislative reason for the rule or the evidence for the legislative reason.
这导致人们推测,这一观点出自圣门弟子(ra),并且只要一个人对伊斯兰教有全面的了解、懂得阿拉伯语,他就可以对某个问题发表自己的意见。
This led to speculation that this opinion is from the Sahabah (ra) and that it is allowed for a person to give his opinion in an issue as long as he has comprehensive knowledge about Islam and knows Arabic.
当阿拉伯语出现腐化的时代到来时,为了保存这门语言,人们开始教授阿拉伯语的原理。当伪造之事渗入传述者之中,出现了一些归于使者ﷺ的圣训,而他并未说过这些话时,圣训学便成为一门需要依其原理(usul)来教授的专门学问。因此,推导律例与获取阿拉伯语知识及沙里亚文本的知识相互关联,以至于沙里亚律例开始附带其证据,甚至附带推导的方法。伊斯兰教法学(fiqh)通过研究形成了一种新的存在形式,并呈现出一种特定的分类编排方式。随着分类与编排风格的多样化,有必要阐明沙里亚律例,同时阐明这些律例以及在律例存在不同观点时的推导方法。伊斯兰图书馆因此建立起来,收藏了数十万册不同分类与编排风格的教法学手稿。然而,当异教徒在公元18世纪之后成功入侵穆斯林地区时,他们开始误导穆斯林对伊斯兰学问的认识,并使他们厌恶像(sofista)这样的教法学书籍。
When the era came in which corruption happened in the Arabic tongue, principles of Arabic came to be taught in order to preserve the tongue. And when falsehood infiltrated the narrators, and there were ahadith narrated from the Messenger which he (saw) never said, the ahadith became a specific expertise taught with its principles (usul). Therefore, deducing rules became linked to the attainment of knowledge in the Arabic language and Shari’ah texts such that the Shari’ah rules came to be accompanied by evidence and even the way of deduction. Fiqh developed a new existence shaped through research resulting in a specific type of arrangement in categorisation. With the different styles of categorisation and arrangement, it became necessary to clarify the Shari’ah rules together with clarifying the rules as well as clarifying the way of deduction where the rule is one with different opinions. Islamic libraries were constructed with hundred of thousands of fiqh manuscripts in different styles of categorisation and presentation. However, when the kuffar succeeded in invading Muslims after the 18th century CE, they began misleading them about the Islamic sciences and made them detest fiqh books like the (sofista)
他们让人们厌恶蜂蜜,告诉他们蜂蜜是苍蝇的排泄物。伊斯兰教法学(fiqh)被置于黑暗之中,直到穆斯林背弃了它。当穆斯林背弃教法学时,他们便背弃了对伊斯兰律例的认识,从而陷入对安拉宗教的无知之中;这正是实际发生的情况。
made people detest honey when they told them it was the excreta of flies. Islamic fiqh was placed in a dark environment until the Muslims turned their back on it. When Muslims turn their backs on fiqh, they turn their backs on knowing the Islamic rules thereby falling into ignorance about Allah’s deen; and this is what actually happened.
因此,必须鼓励穆斯林投身于伊斯兰教法学的学习,通过提供一个伊斯兰教法学的范例来激发人们学习它的愿望。向人们展示一套关于公共关系的沙里亚规则是有益的,这些规则即今天所说的政治规则或宪法教法学;也可以展示一套关于个人之间关系的沙里亚规则,即民法;以及一套关于证据的沙里亚规则,使其成为清晰的教法学范例,从而激发人们从著名的教法学典籍中学习伊斯兰教法学的愿望。
Hence it is a must to encourage Muslims to come forward to study fiqh by offering a model of Islamic fiqh to affect the desire for studying it. It is beneficial to offer people a model of Shari’ah rules relating to public relationships known today as political rules or constitutional fiqh, a model of Shari’ah rules related to relationships between individuals known as civil law, and a model of Shari’ah rules related to evidences such that they become a clear fiqh model in order to build the desire for studying Islamic fiqh from the well-known books of fiqh.