21.3 停战（hudna） - 伊斯兰人格 | Quran Course

21.3 停战（hudna） - 伊斯兰人格 | Quran Course

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21.3 停战（hudna）

21.3 Truce (hudna)

by Sheikh Taqīuddīn An-Nabahānī1 min readViewed 137 times

穆斯林与异教徒之间的停战协议之所以被允许,是因为先知ﷺ在侯代比亚之年与古莱什人达成的停战。然而,停战的许可仅限于存在某种利益的情况,而圣战或传播宣教所需要的正是这种利益。原因在于,在先知ﷺ前往侯代比亚之前,就已有消息传到他那里,说赫白尔人与麦加人达成协议,要共同进攻穆斯林。他从侯代比亚返回后便立即动身进攻赫白尔,同样迅速地派遣使者,致书各国君主和领袖邀请他们归信伊斯兰。这表明侯代比亚的停战是为了与圣战和传播宣教相关的利益。与古莱什人达成停战后,先知ﷺ得以腾出手来征讨赫白尔,并向各国君主和领袖进行宣教。若没有这一利益,停战是不被允许的,因为停战意味着放弃本应履行的战斗义务,而这种放弃只有在它作为战斗的手段时才被允许,因为在这种情况下它就成了一种隐喻意义上的战斗。安拉(SWT)说:

The armistice treaty between Muslims and disbelievers is permitted due to his (saw) truce with Quraysh in the year of Hudaybiyya. However the permissibility of a truce is restricted to the existence of benefit for which the jihad or spreading of the da’wah requires it. This is because it reached the Messenger of Allah (saw) before his travelling to Hudaybiyya that an agreement had been made between the people of Khayber and Makkah upon invading the Muslims. He hastened directly upon his return from Hudaybiyya to invade Khayber and similarly hastened to send messengers to the kings and leaders inviting them to Islam which indicates that the truce of Hudaybiyya was for a benefit related to jihad and spreading the da’wah. After coming into a truce with Quraysh he was able to free himself for fighting Khayber and for performing the da’wah to the kings and leaders. The truce is not allowed in the absence of this benefit since a truce is leaving the obligated fighting which is not allowed except in the situation it occurs as a means to fighting as at this point it becomes fighting metaphorically. Allah (swt) said:

如果停战条约中的利益得到确认，就必须为其规定一个明确且已知的期限来衡量。任何停战都必须规定期限，否则不被允许，因为它属于定期契约；若不加限制、不提及期限，则该契约无效，因为无限期将导致永久性，而这与停战条约相抵触，因为永久性会阻止必须履行的圣战，使圣战无法持续。规定特定期限是停战有效的条件之一，因此，如果没有为其规定特定期限，停战条约即告无效，因为侯代比亚停战就规定了特定期限。如果停战已经缔结且有效，我们有义务克制对他们动武，并遵守停战条约直至期限届满，或直至他们违反停战约定而使其失效。违约的情形包括：他们明确宣布废止停战，对我们作战，在我们的领土上杀害穆斯林或受保护的异教徒，或做出违背停战条件的行为，而其余人既不以言语也不以行动加以反对。如果发生上述情况，则停战在所有这些方面均告失效。同样，如果国家担心他们的背信，且出现某些迹象，使他们表面的停战不再成立，这也构成停战的失效。在此情况下，任何时候，无论昼夜，都可以对他们发动突袭，因为他们破坏停战允许穆斯林与其作战，并废止与其之间的停战。这是因为，当使者ﷺ与古莱什人缔结停战，而他们破坏了停战，停战期间所禁止的事情便都变得允许了，于是他ﷺ与他们作战并征服了麦加。此外，停战是一份定期契约，随期限届满或被废止而终止。安拉（至高无上）说：

If the benefit in an armistice treaty is verified, it must be measured for a specified and known period. No truce is allowed without measuring a period because it is a fixed period contract so leaving it unrestricted without mentioning the period invalidates it due to its necessitating permanency which is prevented in the armistice treaty so that jihad remains constant as its permanency prevents jihad which is obligatory. Measuring a specific period in the truce is a condition of its validity so if no specific period is measured for it, this invalidates the armistice treaty since the Hudaybiyya armistice had a specific period measured for it. If the armistice is contracted and it is valid, it is obliged upon us to abstain from them and observe the armistice treaty until its period concludes or they violate it with their nullifying it either by their saying so clearly, fighting us, killing a Muslim or a dhimmi in our land or something is done contradicting the armistice’s conditions and the rest do not reject this from him by word(s) or action(s). If this occurs, the truce is nullified in all of these. Similarly if the State fears their treachery by something which invalidates their show of the truce such as when a sign of this appears; this would be nullification of the truce. If something like this occurs, a surprise attack against them is allowed any time, night or day, since their breaking the truce allows the Muslims to fight them and to nullify the truce with them. This is because when the Messenger (saw) came to a truce with Quraysh and they broke his truce, all what was forbidden in the truce period became permitted so he fought them and conquered Makkah. Also because the truce is a fixed period contract which ends with its period finishing or its nullification. Allah (swt) said: