21.8 好战的不信道者(Kafir Harbi)
21.8the Belligerent Disbeliever (kafir Harbi)
好战的异教徒,是指未进入穆斯林庇护(dhimmah)之中的任何异教徒,无论他是处于盟约之下、处于安全保障(must'amin)之下,还是既非盟约者也非受保护者(musta'min)。如果伊斯兰国与任何异教国家缔结条约,该国的公民即为盟约者,依照双方条约中所载的内容来对待,条约所包含的一切内容都要执行。然而,尽管存在条约,盟约中的异教徒在律例上(hukman)并不因此被排除在好战异教徒之外,因为仅仅缔结条约,或他们或我们撕毁条约,都会使他们的律例回归到其余好战异教徒的律例。因此,如果向他们出售武器和战争物资会增强他们对抗穆斯林的力量,则禁止出售;但如果出售武器或战争物资并不会增强他们对抗穆斯林的力量,则不禁止向他们出售,尤其是当伊斯兰国成为武器制造国并像当今大国那样出售武器时。如果条约中规定允许向他们出售武器和战争物资,但这一条件若会增强他们对抗穆斯林的力量,则该条件不能履行,因为它与伊斯兰教法相违背,而一切与伊斯兰教法相违背的条件都是无效的,不得订立。
The belligerent disbeliever is any disbeliever who has not entered in the pledge (dhimmah) of the Muslims, whether he was under a covenant or under security (must’amin) or was neither a mu’ahid nor a musta’min. If a treaty is contracted between the Islamic State and any kafir State, the citizens of this State are covenanted persons who are dealt with according to what is stated in the treaty that is between them and us, and all that is included in this is executed. Nevertheless, despite the existence of the treaty the covenanted disbelievers are not excluded from being belligerent disbelievers in the rule (hukman) because the mere conclusion of the treaty or its nullification by them or us returns their rule to the rule of the rest of the belligerent disbelievers. Due to this, selling them weapons and war materials is prevented if there is therein a strengthening for them against Muslims; however, if selling them weapons or war materials is not strengthening them against Muslims then their sale to them is not prevented particularly if the Islamic State becomes a manufacturer of weapons and sells like the great States today. If the treaty mentions the permissibility of selling them weapons and war materials, this condition is not fulfilled if it strengthens them against Muslims as it contradicts the Shar’a, and all conditions contradicting the Shar’a are void and not contracted.
至于那些与我们之间没有条约的国家,无论他们是否正与伊斯兰国处于交战状态,实际上都是敌对的不信道者。他们只能凭借每次的特定安全保障进入穆斯林的土地,并且只能在特定且有限的期限内居住在穆斯林的土地上。然而,实际交战的敌对不信道国家与实际未交战的敌对不信道国家之间的区别在于:对于实际交战的敌对不信道国家,在达成和平协议之前不与其缔结任何条约,除非其公民是为了聆听安拉的言语而来,或者是为了成为生活在穆斯林土地上的齐米人,否则不向其任何公民提供安全保障。这与实际未交战的敌对不信道国家相反,因为与后者可以缔结商业、睦邻及其他条约,并且其公民可以获得进入伊斯兰土地的安全保障,用于贸易、休闲、旅游或其他目的。
As for where there is no treaty between them and us, they are belligerent disbelievers in reality whether they are at an active war with the Islamic state or no. They are not enabled to enter the Muslim land except by a specific security (for) each time and they are not enabled to reside in the Muslim land except for a specific and limited period. However, the difference between a belligerent disbeliever State which is fought in practice and a belligerent disbeliever State not being fought in practice is that with the belligerent disbeliever State fought in practice no treaty is contracted with her before the peace agreement and security is not given to any of its citizens except if he comes to listen to the speech of Allah or if he comes to become a dhimmi living in the Muslim land. This is contrary to the belligerent Disbeliever State not fought in practice as commercial, good neighbourliness and other treaties are contracted with her, and her citizens are given a security to enter the Islamic land for trade, recreation, tourism or other than that.