21.5 允许的条约
21.5 Permissible Treaties
伊斯兰国可以缔结和平条约、停战条约、睦邻条约、文化条约、商务与金融条约,以及类似的条约,只要伊斯兰的da'wah(宣教)利益需要,且符合伊斯兰所认可的条件。如果这些条约包含伊斯兰不认可的条件,那些在伊斯兰中不正确的条件无效,条约其余部分在剩余条件下仍然有效。这是因为任何与沙里亚相违背的条件都是无效的,即使穆斯林的哈里发对其表示满意并同意。如果伊斯兰国与其敌人之间处于战争状态,允许其根据当时的形势和da'wah的利益与对方缔结停战条约和和平条约。如果伊斯兰国认为,为了da'wah利益的需要,应当与邻国或远方的某国建立和平与友好关系,允许其这样做。国家可能会发现,与异教徒结盟是一种工具,借此使da'wah能够触及他们,并在他们中间营造关于伊斯兰的舆论。通过结盟,也可能避免巨大的损害,或能够与另一个敌人接触。因此,伊斯兰国允许与邻国缔结睦邻条约,也允许与非邻国在特定期限内缔结互不侵犯条约,只要它认为这能为伊斯兰da'wah开辟道路、保护穆斯林、为伊斯兰或穆斯林带来任何利益,或能够开展伊斯兰da'wah。先知穆罕默德ﷺ确曾与Banu Mudlij和Banu Dumrah缔约,以保障其军队所经道路的安全;他也曾在塔布克与Yuhanna bin Rub'ah缔约,以保障国家在通往罗马方向、即沙姆边境地区的边界安全。 如果交战方的某个民族为了特定年限请求缔结友好和约,而不索取任何回报,哈里发会对此进行考量。如果他认为这对穆斯林有利,例如因为对方实力雄厚、力量强大,或出于其他原因,他便可以这样做,其依据是安拉的经文:
The Islamic State may contract treaties of peace, truce, good neighbourliness, cultural treaties, commercial and financial treaties and treaties similar to these which the interests of the Islamic da’wah require according to the conditions consented to by Islam. If these treaties include conditions not consented by Islam, those conditions which are not correct in Islam are void and the rest of the treaty remains executed in the remaining conditions. This is because each condition contradicting the Shar’a is void even if the Muslims’ Khalifah was pleased with and agreed to it. If there was between the Islamic State and her enemy a situation of war, it is allowed for her to contract a truce and peace treaty with her according to what the situation requires at that time and what the interests of the da’wah require. If the Islamic State views that she should make peace and friendship with a neighbouring State or a State remote from her for a matter required for the interests of the da’wah, it is allowed for her to do this. The State may find in alliances with disbelievers a tool for the da’wah to reach them and to create a public opinion about Islam among them. There could also be the repelling of great evil through alliances or being able to reach another enemy. Therefore it is allowed for the Islamic State to contract good neighbourly treaties with neighbouring States just as it is allowed to contract non-aggression treaties with non-neighbouring States for a specific period if it sees in that a way for the Islamic da’wah, to protect Muslims or any benefit for Islam or Muslims or to conduct the Islamic da’wah. The Messenger (saw) did make a treaty with Banu Mudlij and Banu Dumrah to make safe the roads his army travelled upon and he made a treaty with Yuhanna bin Rub’ah in Tabuk to make safe the boundaries of the State in the direction of Rome in the boundaries of Bilad AsSham. If a people of the people of war request friendship for specific years for nothing, the Khalifah looks into that. If he sees it as good for Muslim due to their severe and great strength or for other than that, he can do this due to Allah’s statement:
"若他们倾向于和平,你也要倾向于和平"[TMQ 8:61]。
If they incline to peace, then you also incline to peace” [TMQ 8:61].
还有,因为先知(愿主赐他平安)在胡戴比亚之年与麦加人讲和,约定在一定期限内停止他与他们之间的战争。这是因为先知(愿主赐他平安)得知赫班的居民与麦加人之间有了协议,要进攻穆斯林,于是他与古莱氏讲和,然后前往攻打赫班。在一切被允许的同盟中,订立或不订立这些同盟的决定权交由哈里发的意见和伊杰提哈德来决定,因为哈里发被任命为监护者,而监护之中首要的就是保护穆斯林的力量。如果异教徒力量强大,他可以认为与其结盟对穆斯林有利;或者他需要在战争之地(战争之家,Dar al Harb)努力,以便触及一个力量强大的民族,因而认为有必要与挡在他前面的人讲和。此事交由哈里发的意见,依他认为对穆斯林有益来衡量;但如果这种同盟对穆斯林没有益处,那么就没有必要与他们讲和,这是根据安拉的启示:
And also because the Messenger (saw) made peace with the people of Makkah in the year of Hudaybiyya upon leaving war between them and him for a specified period. This was because it reached the Messenger (saw) that there was an accord between the people of Khayber and Makkah to invade Muslims, so he made peace with Quraysh then he went to fight Khayber. In all the allowed alliances, the command of contracting or not contracting them is left to the Khalifah’s opinion and ijtihad because the Khalifah is appointed as guardian and among guarding is firstly protecting the Muslims’ strength. He may view in the alliance benefit for Muslims if there is great strength in the disbelievers or he needs to make effort in the war homeland (Dar al Harb) to reach a people of great strength so he finds it necessary to make peace with those in his way. The issue is delegated to the Khalifah’ opinion to measure according to what he sees as good for Muslims, but if there is no good in the alliance for the Muslims then it is not necessary to make peace with them due to Allah’s statement:
"所以,你们不要软弱,不要在你们占上风的时候求和(与伊斯兰的敌人讲和)。"[TMQ 47:35]
“So, be not weak and ask not for peace (from the enemies of Islâm) while you are having the upper hand.” [TMQ 47:35],
因为对不信道者作战是义务的,而无故放弃义务是不被允许的。如果某位国王、领袖或交战方的国家向穆斯林寻求盟约(dhimmah),条件是允许他在自己的王国中按其意愿施行杀戮、钉十字架或其他在伊斯兰领土(Dar al-Islam)中不适宜的行为,那么穆斯林不应因此而应允这一要求,因为这等同于默许压迫,而阻止压迫是可能的,所以是禁止的。另外,还因为接受保护的异教徒(dhimmi)在与交易相关的事务上受伊斯兰律法的约束,因此国王、领袖或国家所提出的这一条件与契约所要求的相违背,故而无效。所以,如果和平或盟约是建立在这一条件之上的,那么该条件无效,因为它们与伊斯兰教相悖,这是基于先知ﷺ的圣训。
And because fighting disbelievers is obligatory and leaving what is obligatory without excuse is not allowed. If a king or a leader or the State of the people of war seek a covenant (dhimmah) from Muslims on condition that he be left to rule in his kingdom in what he wills of killing, crucifying or anything else which is not suitable in Dar al-Islam, he is not responded to upon that as consenting to oppression when it is possible to prevent it is haram. And also because the dhimmi is the one who is compelled with the rules of Islam in what returns to transactions so this condition which the king or leader or the State presents is contrary to what the contract obliges and therefore it is void. So if peace or the covenant is given upon this, it is void from its conditions as they are contrary to Islam due to his (saw) saying:
“任何不在安拉之书中的条件都是无效的”(布哈里圣训集所载)。
“Any condition not in the Book of Allah is void” (narrated by Al-Bukhari).
如果他请求和平或契约(dhimmah),并且满意伊斯兰的统治,那么这份盟约便归属穆斯林,他便受伊斯兰统治,而他原先统治的土地也便并入伊斯兰的土地。保卫它便成为保卫伊斯兰的土地,而对它们的支持便成为义务,如同对穆斯林的支持一样。
If he requested peace or the dhimmah and is pleased with the rule of Islam, then the covenant falls to the Muslims so he is ruled by Islam and the land which he used to rule enters into the Islamic land. Defending it becomes defending the Islamic land and their support becomes obligatory like the support of the Muslims.